The Immigration Answers Show - Episode 1110

Hacking Immigration Law, LLC

Hacking Immigration Law, LLC

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On episode 1110 of the Immigration Answers Show, immigration attorney Jim Hacking answers 11 live questions on security holds, adjusting in immigration court, N-400 denials, and I-751s after separation.

QUESTIONS ANSWERED
(General information, not legal advice for your case.)

Officer won't approve my I-130 until an old "interrogation" is explained?
It likely relates to a past border inspection or security check. Request your records, and if nothing moves within about two months, consider a mandamus lawsuit.

My I-485 was denied because I'm in removal proceedings. Should I adjust in immigration court?
Once you're in proceedings, the judge usually decides the green card. It can be faster in court with a clean case and the right judge, so gather evidence of good character.

On STEM OPT with a marriage green card pending. Should I also apply for the adjustment work permit?
If your OPT covers you for now, you can wait. Consider filing if the green card case hasn't moved by the fall.

Spouse of a green card holder, waiting abroad 22 months on an I-130. Can we sue?
Yes. At 22 months, a mandamus lawsuit is a reasonable next step.

Interview coming up for a spouse of a green card holder. Do we need a lawyer?
Jim doesn't think anyone should go to a green card interview without one. Know your dates and read every form question aloud together beforehand.

Joint I-751 pending, but we're separating?
You may not need to act right away, but plan to file your own I-751 with a waiver once a divorce is underway.

Can I travel on an expired green card with an I-751 extension notice?
The original extension notice plus your card generally works, but Jim urges green card holders to travel as little as possible.

N-400 denied over an old tax issue outside the lookback period?
File an N-336 with proof the balance is paid. These hearings are often scheduled within a couple of months.

Skipped OPT to file for a green card, and now I can't work. What now?
Mostly you wait. A lawsuit can push the I-130, but it won't necessarily produce a work permit.

Spouse waiting under the 75-country pause. Should I sue now?
Jim suggested waiting a couple of weeks to see how the court ruling plays out.

Listed my own income on the I-864 and missed some answers on the I-485?
Adding your income probably doesn't hurt, but correct any unauthorized work or other-names answers in writing now.

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CHAPTERS
0:00 Intro
8:24 I-130 Held Over an Old Border "Interrogation"
18:48 I-485 Denied While in Removal Proceedings
33:02 Adjustment Work Permit While on STEM OPT
36:38 Spouse of a Green Card Holder Waiting 22 Months Abroad
49:46 Interview Prep for a Spouse of a Green Card Holder
58:11 Joint I-751 Pending During a Separation
1:04:38 N-400 Denied Over an Old Tax Issue
1:15:48 Skipped OPT and Now Can't Work
1:20:43 Waiting on the 75-Country Pause
1:23:19 Fixing I-864 and I-485 Mistakes Before a Decision
1:28:29 Wrap-Up