Law Offices of Michael Shane, P.A.

Below are links to Michael Shane's Martindale-Hubbell "Ask a Lawyer" Question and Answer Archive. Every question has been personally answered by Michael Shane. If you have an immigration question and do not see the answer to your question below, or would like to discuss your specific issue in detail with Michael Shane, contact our office for an in-person consultation.

January 3, 2011: Will Service in the U.S. Armed Forces Give Legal Status?
December 27, 2010: Is TN Valid if Adjustment of Status is Filed?
December 20, 2010: Can Deportation of Mother Be Stopped?
December 13, 2010: Going Abroad to Marry Boyfriend, Can She Bring Him Back?
December 6, 2010: Adjustment of Status vs. Consular Processing
November 29, 2010: Adjustment of Status while in Removal Proceedings.
November 22, 2010: What Affect Will Aggravated Assault Conviction Have on this LPR?
November 15, 2010: How Long Will Permanent Residency Take Through Marriage?
November 8, 2010: What Affect Will a Drug Conviction Have Here?
November 1, 2010: What Affect Does Divorce Have On Jointly Filed I-751 Petition?
October 25, 2010: Can Convicted Felon Petition For Family Member?
October 18, 2010: Will A Criminal Record Disqualify This Applicant?
October 11, 2010: Can this Illegitimate Child Petition for Father?
October 4, 2010: Reopening a Deportation Case
September 27, 2010: Is This I-130 Petition Still Valid?
September 20, 2010: How Can This Family Bring Back Husband/Father After Removal?
September 13, 2010: Can This Person Adjust Without Cooperation of Spouse?
September 6, 2010: Does This Child Derive Citizenship?
August 30, 2010: Naturalization for an LPR Living Abroad
August 23, 2010: Naturalization and the Disability Exception
August 16, 2010: Document Verification in Asylum Cases
August 9, 2010: Vacation of Plea Under Padilla v. Kentucky
August 2, 2010: What Happens When The Petitioning Spouse Dies?
July 26, 2010: Employment Authorization For Beneficiary Of A Family-based Fourth Preference (Brother/Sister of a U.S. Citizen) Visa Petition
July 19, 2010: PERM Advertising Requirements
July 12, 2010: Can J-1 Visa Holder Adjust Status Based on Marriage to a United States citizen?
July 5, 2010: Relief From Removal With Pending I-130 Petition
June 28, 2010: No Derivatives for Immediate Relatives
June 21, 2010: Can A Person Give Up Their U.S. Citizenship?
June 14, 2010: Three Years or Five Years Until Naturalization?
June 7, 2010: Moving After Adjustment Approved, How to Follow Up?
May 31, 2010: K-1 Fiance' Overstays Visa, Can She Now Adjust?
May 24, 2010: Is Marriage Fraud a Permanent Bar to Residency?
May 17, 2010: Cancellation of Removal Requirements
May 10, 2010: Will Husband be Admitted as Visitor if I-130 Pending?
May 3, 2010: Will a Drug Conviction Bar this Person From Residency
April 26, 2010: Can this Stepchild be Covered by Mother's I-130 Petition?
April 19, 2010: Child Citizenship Act of 2000 Issues
April 12, 2010: What Affect Will Incorrect Date on Marriage Certificate Have on Residency Application?
April 5, 2010: Requirements for Citizenship
March 29, 2010: Abused Foreign National Has Options
March 22, 2010: After 212(i) Waiver is Denied, What Next?
March 15, 2010: What to Expect during a "Stokes" interview
March 8, 2010: Visa Waiver Entry with U.S. Citizen Wife
March 1, 2010: Why Use an Attorney for Immigrating to the USA?
February 22, 2010: I-751 Joint Filed, Marriage Fell Apart, What Now?
February 15, 2010: Options for Long Term LPR with Expired Resident Card
February 8, 2010: Taxes And The Naturalization Application
February 1, 2010: How to Monitor Visa Availability for I-130 Upgrade
January 25, 2010: Can This Petitioner File for Another Spouse?
January 18, 2010: Jointly Filed I-751 Can Be Converted to an I-751 Waiver
January 11, 2010: What Should Undocumented Immigrant Do if Called for Jury Duty?
January 4, 2010: What are the limitations of re-entry permits and their impact on Naturalization?
December 28, 2009: Is an I-601 Waiver Needed With This Residency Application?
December 14, 2009: Effect of Separation on Jointly Filed I-751
December 7, 2009: Illegal Since Age 1, What Can He Do?
November 30, 2009: Common Issues in a Marriage Based Adjustment of Status Application
November 23, 2009: Criminal and Civil Consequences of a Convenience Marriage
November 16, 2009: Visa Bulletin Cut-off Dates vs. USCIS Processing Times
November 9, 2009: Affidavit of Support Issues For a Disabled Petitioner
November 2, 2009: FB-4 Sibling I-130 Issues
October 26, 2009: Is There a Waiting Period for Filing a Visa Petition?
October 19, 2009: Can This Petitioner File For Another Spouse?
October 12, 2009: Can an Asylum Grantee Apply For Citizenship?
October 5, 2009: I-751 Waiver Can Be Filed While Married
September 28, 2009: Effect of Separation on Jointly Filed I-751
September 21, 2009: Abandonment of Lawful Permanent Residency
September 7, 2009: Widow Petition, Adjustment of Status, and Consular Processing issues
August 31, 2009: B-2 Visa For Medical Treatment in the USA
August 24, 2009: Priority Dates and Changing the Petitioner in an I-130
August 17, 2009: Naturalization Where Spouse is a U.S. Citizen
August 10, 2009: FB-4 Sibling I-130 Issues
August 3, 2009: Affidavit of Support Issues
July 27, 2009: Affidavit of Support and Backlog Issues
July 20, 2009: I-130 Petitioner Dies, Approved Petition is Revoked
July 13, 2009: Stepchild Petition Requirements
July 6, 2009: Can a Person Deported for Cocaine Trafficking Reenter the US After Deportation
June 29, 2009: I-751 Denied, CLPR Departed, What Next to Return?
June 22, 2009: Disclosure of Unauthorized Employment Required
June 15, 2009: Legitimate Use of B-1 Business Visas
June 8, 2009: I-864 Affidavit of Support and Domicile Issues
June 1, 2009: LPR Granted Waiver, Can This Person Travel?
May 25, 2009: J-1 Visa Might Be Obstacle To Residency
May 18, 2009: Are Same Sex Marriages Valid For Immigration Purposes?
May 11, 2009: K-1 Fiance Issues
May 4, 2009: Is a Reentry Permit Needed?
April 27, 2009: Visa Waiver and Pending I-130 Petition
April 20, 2009: Can Second Marriage Adjustment be Filed?
April 13, 2009: Adoption of a Non-immigrant Child
April 6, 2009: Adjustment of Status Application Abandoned by Departure?
March 30, 2009: I-130 Approval Notice is Incorrect, What Can Be Done to Correct It?
March 23, 2009: Criminal Convictions and Deportation: Can Removal be Accelerated?
March 16, 2009: CSPA Age-Out Issues
March 9, 2009: Travel With Expired Green Card and Pending I-90
March 2, 2009: Medical Exam and Vaccination Requirements
February 23, 2009: Visa Processing For Spouse at Consulate
February 16, 2009: Petitioning For A Parent's Permanent Residency
February 9, 2009: Marriage To An American Citizen, Adjust Or Visa Process?
February 2, 2009: Consequences of Immigration Fraud
January 26, 2009: Should Immigration Forms be Prepared With or Without a Lawyer
January 19, 2009: I-751 and Naturalization Issues
January 12, 2009: Is USCIS Violating the Law by Delaying Action on I-751
January 5, 2009: Does Death of Petitioner Cause Death of Petition?
Decemer 29, 2008: Processing Times for I-751
December 22, 2008: Visa Waiver and Pending I-130 Petition
December 15, 2008: J-1 Visa Holder to Wed a U.S. Citizen
December 8, 2008: How Long Can a Person Stay Outside the USA on a Reentry Permit?
December 1, 2008: Conversion From FB-1 to FB-3 Category
November 24, 2008: U.S. Citizen Divorces, Remarries, and Files For New Spouse
November 17, 2008: Visa Lottery and Derivative Beneficiaries
November 10, 2008: Affidavit of Support Issues
November 3, 2008: Family Based Visa Petition Issues
October 27, 2008: Re-Entry Permit Issues
October 20, 2008: What Happens If The I-751 Is Denied?
October 13, 2008: Immigrant Visa Cross-Chargeability, Foreign State Chargeability
October 6, 2008: K-3 Spouse Refuses To Follow Through With Filing
September 29, 2008: Should This Couple Get Married And File For Residency?
September 22, 2008: Filing For Citizenship, and Green Cards Without Expiration Date
September 15, 2008: Abusive or Battered Spouse I-751
September 8, 2008: File I-90 Before Green Card Expires, If Eligible
September 1, 2008: Filing Petitions For Many Family Members At One Time
August 25, 2008: Can I-485 Be Filed For Mother On Tourist Visa?
August 18, 2008: How Are K-3 Petitions and I-130 Petitions Processed?
August 11, 2008: I-751 Travel Issues
August 4, 2008: AC-21 Change of Employer, Similar Occupation Issue
July 28, 2008: Marriage And Divorce I-751 Issues
July 21, 2008: Adjustment Of Status Or Consular Processing?
July 14, 2008: K-1 Marries Within 90 Days But Does Not File
July 7, 2008: B-2 vs. K-1 vs. K-3 Visa, Which Is Appropriate?
June 30, 2008: Naturalization Issue: File After Three Years Or Five
June 23, 2008: Affidavit of Support Valuation Issues
June 16, 2008: Inadmissibility, Waivers, and Adjustment of Status
June 9, 2008: How To Replace Lost U.S. Passport And Naturalization Certificate
June 2, 2008: Green Card Obtained Through Marriage, What Effect Will Divorce Have?
May 26, 2008: I-130 for Father and DNA Testing Results
May 19, 2008: I-130 Pending, Will a K-3 Petition Speed up the Process?
May 12, 2008: Naturalization and Abandonment Of Residency Issues
May 5, 2008: Should I File An I-90 In Person, On-line, Or By Mail?
April 28, 2008: L-1 Intracompany Transferee Issues
April 21, 2008: K-1 or K-3: Which Visa Is Better, Faster To Obtain?
April 14, 2008: Divorce and I-751 Waiver Issues
April 7, 2008: I-130 Petition Filed While In Deportation (Removal) Proceedings
March 31, 2008: I-90 Applicatin Triggers Request For Arrest Records
March 24, 2008: Is There A Drug Test When A Person Immigrates?
March 17, 2008: Derivative Family Members On Employment Based Visas
March 10, 2008: Is This An Abused Or Battered Spouse?
March 3, 2008: Can She Qualify As A Derivative, Or Must She File Through Her Own Sponsor?
February 25, 2008: Adjustment Of Status And HIV Waiver
February 18, 2008: Does The I-130 Petition Die When The Petitioner Dies?
February 11, 2008: Is This Immigrant Eligible For Social Security Benefits?
February 4, 2008: Is Green Card With No Expiration Date Still Valid?
January 28, 2008: Avoid Frustrating Delays And Mistakes In An Immigration Case
January 21, 2008: Affidavit of Support and Joint Sponsor Issues
January 14, 2008: Is Citizenship Test Required For This Naturalized Applicant?
January 7, 2008: Do U.S. Citizens Need A Passport To Go In And Out Of Mexico?
December 31, 2007: Can K-1 Fiance Adjust If 90 Day Period Has Elapsed?
December 24, 2007: K-1 Fiance Petition Requirements
December 17, 2007: Waiver Of The Ten Year Bar
December 10, 2007: Does Every Green Card Need To Be Replaced January 1, 2008?
December 3, 2007: Affects Of Unauthorized Employment On Adjustment Application
November 26, 2007: I-751 Waiver Denied, What Happens Next?
November 19, 2007: DREAM Act And Other Legislative Relief Elusive
November 12, 2007: What Can Be Done About A Deportation Hold?
November 5, 2007: Adoption Of Nephew And Related Immigration Issues
October 30, 2007: Residency Through Marriage Issues
October 22, 2007: Derivative Citizenship Issues
October 15, 2007: Naturalization and Marriage Issues
October 8, 2007: B-2 Visitor Visa Issues
October 1, 2007: 245i Issues And Adjustment of Status
September 24, 2007: American Citizen Child Filing For Parents
September 17, 2007: K-1 Fiance' Visa Issues
September 10, 2007: Should Unauthorized Employment Be Admitted When Filing For Residence?
September 3, 2007: Child Status Protection Act Formula Calculation
August 27, 2007: U.S. Citizen Father Petitioned For Her, Got Married, What Now?
August 20, 2007: I-90 Filed, New Green Card Not Issued Yet
August 13, 2007: Citizenship and Marriage Issues
August 6, 2007: What About A Lawyer Who Does Not Return Phone Calls?
July 30, 2007: Why Is Permanent Residency Taking So Long?
July 23, 2007: Adjustment Of Status Versus Consular Processing
July 16, 2007: K-1 and K-3 Nonimmigrant Visa Issues
July 9, 2007: Abused Spouse Petition Issues
July 2, 2007: List Of Trips For Naturalization
June 25, 2007: I-751 Issues
June 18, 2007: Sponsorship Through Employment
June 11, 2007: Marriage While In Deportation Proceedings
June 4, 2007: Foreign Documents, Translations, and Secondary Evidence:
May 28, 2007: Effect of Bankruptcy On Naturalization Eligibility
May 21, 2007: K-3 Visa Issues
May 14, 2007: Affidavit of Support Issues
May 7, 2007: Effect of Firearms Conviction On An LPR
April 30, 2007: Preserving Residence For Naturalization Purposes
April 23, 2007: I-751 Issues - Married Less Than Two Years
April 16, 2007: Filing A Spousal Second Preference Petition
April 9, 2007: Medical Examination and Translation Questions
April 2, 2007: Can Child Adjust Without Proof Of Inspection?
March 26, 2007: Comprehensive Immigration Reform A Possibility This Year?
March 19, 2007: Who Can A US Citizen File For?
March 12, 2007: Changes of Address Forms
March 5, 2007: How Much Do Lawyers Charge?
February 26, 2007: I-751 Waiver Issues
February 19, 2007: Married Couple Lives Apart, Can I-751 Be Approved?
February 12, 2007: Adjustment Of Status For Student Through Father Possible?
February 5, 2007: I-751 Issues
January 29, 2007: Late Filing Of Form I-751
January 22, 2007: Filing Options For Residency Through Marriage
January 15, 2007: Comprehensive Immigration Reform On The Horizon?
January 8, 2007: E-2 Visa Issues
January 1, 2007: New Passport Rules For American Citizens
December 25, 2006: Immigration Through Marriage To A US Citizen
December 18, 2006: I-751 Issues
December 11, 2006: Family Based Immigration Issues
December 4, 2006: Can A Student Visa Application be Made While Waiting for an Immigrant Visa?
November 27, 2006: What Effect will Divorce or Separation Have On Naturalization?
November 20, 2006: Validity Of A Polygamous Marriage For Immigration Purposes
November 13, 2006: OPT Expiring, What are the Options?
November 6, 2006: Replacement Green Card Issues
October 30, 2006: Filing Taxes Required for Naturalization?
October 23, 2006: Real Marriage, But Living Apart
October 16, 2006: Proper Use Of Form N-600
October 9, 2006: "Options For L-2 Visa Holder"
October 2, 2006: "Immigration Options For An Undocumented Boyfriend"
September 25, 2006: "Effect of Filing For Visitor Visa While Resident Petition Is Pending"
September 18, 2006: "Affidavit Of Support Issues"
September 11, 2006: "Waiver Of The 10-Year Bar"
September 4, 2006: "Filing For Residency if Student Status Expired"
August 28, 2006: "Expedited Naturalization for War Veterans"
August 21, 2006: "Brother/Sister Petitions"
August 14, 2006: "Proving A Bona Fide Marriage"
August 7, 2006: "I-130 Petitions and Age Out Protection"
July 31, 2006: "Student Visa Issues"
July 24, 2006: "Citizenship Requirements"
July 17, 2006: "Battered Spouse Petitions"
July 10, 2006: "Filing Multiple Applications With USCIS"
July 3, 2006: "Permanent Residency Through Marriage to a U.S. Citizen"
June 26, 2006: "File Adjustment Before Falling Out Of Status"
June 19, 2006: "What Will The New Law Bring?"
June 12, 2006: "Does Arrest Affect Residency Application?"
June 5, 2006: "Visa For A Musician/DJ"
May 29, 2006: "Consular Processing vs. Adjustment of Status"
May 22, 2006: "Immigration Considerations: Student vs. Resident"
May 15, 2006: "Affidavit of Support Issues"
May 8, 2006: "Comparing Adjustment of Status to Consular Processing"
May 1, 2006: "Sponsorship Through Employment"
April 24, 2006: "Can Her Sister Reenter the USA After False representation As A U.S. Citizen?"
April 17, 2006: "Will This Arrest Affect Immigration Status?"
April 10, 2006: "Family Based Immigration"
April 3, 2006: "Validity Of An Advance Parole Document"
March 27, 2006: "Immigration for Foreign Nurses"
March 20, 2006: "Green Card Expired, Wants to File for Citizenship"
March 13, 2006: "How To Start Immigration Paperwork, Get Legal Advice"
March 6, 2006: "Can He Apply For A Work Permit?"
February 27, 2006: "Affect Of Divorce On Residency Status"
February 20, 2006: "Can Employer Revoke Worker's Green Card?"
February 13, 2006: "Naturalization and Residency Issues"
February 6, 2006: "Delay Residency To Avoid Conditional Status?"
January 30, 2006: "The USA Needs Immigrant Nurses"
January 23, 2006: "Marriage Interview Questions"
January 16, 2006: "Canadian Visitor Wants Residency in USA"
January 9, 2006: "Immigration Options For Boyfriend"
January 2, 2006: "Conditional Residency Issues"
December 26, 2005: "Affidavit of Support And Adjustment of Status Issues"
December 19, 2005: "F-1 Student, Practical Training and H-1B Issues"
December 12, 2005: "Will This Marriage Case Succeed?"
December 5, 2005: "I-130 Filed Without I-485, Where to Go From Here?"
November 28, 2005: "Will This Person Need A Waiver?"
November 21, 2005: "Drug Testing for Immigrants?"
November 14, 2005: "Is This Child Age-Out Protected?"
November 7, 2005: "Revocation Of Permanent Residency"
October 31, 2005: "U.S. Citizen Wants to File For Parents"
October 24, 2005: "U.S. Citizen Wants to Live Outside the U.S."
October 17, 2005: "Upgrade of Son's Petition"
October 10, 2005: "Naturalization Issues"
October 3, 2005: "Immigration Options for Recent Graduate"
September 26, 2005: "Immigration Information for Katrina Victims"
September 19, 2005: "Immediate Relative Petition for Parent"
September 12, 2005: "Is Illegal Entry A Bar To Adjustment of Status"
Question and Answer Archive from August 1998 to August 2005:

Helpful Immigration - Related Websites

United States Citizenship and Immigration Services (USCIS)
Department of Labor, Homepage
Department of Labor, Employment Training Administration (ETA)
U.S. Department of State
- Current Monthly Visa Bulletin
- Travel and Business Section
U.S. Department of Justice, Executive Office for Immigration Review
Social Security Administration Online

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