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Georgia Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Georgia on
Q: Do I need a separate I-130 for my daughter and her two minor children?

If I file an I-130 as a U.S. citizen to bring my adult daughter to the U.S., do I have to file separate I-130s (and pay a separate filing fee) for her minor children?

James L. Arrasmith
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answered on Mar 19, 2024

Yes, as a U.S. citizen filing an I-130 petition for your adult daughter, you do need to file separate I-130 forms for each of her children, your grandchildren. The U.S. Citizenship and Immigration Services (USCIS) requires individual petitions for each family member who intends to immigrate. This... View More

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1 Answer | Asked in Immigration Law for Georgia on
Q: What are the consequences I might face if I don't attend Green card interview and how will it impact my husband’s GC?

I am on H4 now, my husband is on H1b( Indian born), he applied for GC in Eb2 category and his priority date is March 2022, the Green card application has been fast tracked as I am Malaysian born. The cross changeability has applied. I was not aware of the details of the green card process. And it... View More

James L. Arrasmith
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answered on Feb 21, 2024

If you do not attend the Green Card interview, it could have serious consequences for both you and your husband's immigration status. Failure to attend the interview may result in the denial of your Green Card application, as USCIS typically requires both spouses to be present to assess the... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: a K2 dependent still waiting I485, currently living with me the mother in US, wants to leave US for studies, is this ok?

We areK1 visa, and K2 dependent ( my son 17 years old) in US now but still waiting I 485 change of status, my son wants to leave US to continue studies in Europe. What should we do not to affect his change os status? Thank you!

James L. Arrasmith
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answered on Feb 5, 2024

Given your situation, it's essential to be cautious to ensure that your son's change of status is not affected. Leaving the U.S. while waiting for an I-485 adjustment of status can have implications.

First, consult with an immigration attorney to discuss your specific...
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1 Answer | Asked in Criminal Law, Immigration Law, Appeals / Appellate Law and Civil Rights for Georgia on
Q: I am trying to get information on how to obtain a discovery package.

The new lawyer can’t obtain it neither the defendant. We are trying to draft up a Habeas Corpus of ineffective council on a Capital Case. Can we subpoena it’s? Or what’s other steps can we take, also the habeas has to be filed by July of 24’ this year. This is a Malice case, that was... View More

James L. Arrasmith
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answered on Feb 4, 2024

In a capital case, obtaining the discovery package is crucial for preparing a habeas corpus petition alleging ineffective counsel. If the current attorney is unable to obtain the discovery through regular channels, there are several steps that can be taken.

Firstly, the attorney should...
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1 Answer | Asked in Immigration Law for Georgia on
Q: Status has been changed automatically from a resident permanent to a US citizenship ( f2a to Ir1) what to do for my son?

I introduced a petition for my wife and my 6 year old daughter to join me in the United States while I was still a permanent resident, after obtaining American citizenship I had not updated my petition

an interview date has been set up. Do I need a new petition for my daughter or not ?... View More

James L. Arrasmith
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answered on Feb 1, 2024

If your status has changed from a permanent resident to a U.S. citizen while your petition for your wife and 6-year-old daughter was pending, you generally do not need to file a new petition for your daughter. The change in your status from F2A (family-sponsored preference) to IR1 (immediate... View More

2 Answers | Asked in Estate Planning, Family Law, Immigration Law and Wrongful Death for Georgia on
Q: Can my lawyer set up a bank account for my mother who is now passed and was an illegal alien? My lawyer can’t find a way

My brother passed years ago. My mom and stepdad filed a wrongful death lawsuit, but both passed before the case was won. The proceeds from the case were split in half. One half to the children of my stepdad, and the other half to the children of my mother. The children of my stepdad had no trouble... View More

James L. Arrasmith
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answered on Jan 8, 2024

Setting up a bank account for someone who has passed away, particularly when they were an undocumented immigrant, can be challenging. However, there are alternative solutions to consider.

Since you and your siblings are U.S. citizens, one approach could be to establish an estate or a trust...
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2 Answers | Asked in Estate Planning, Family Law, Immigration Law and Wrongful Death for Georgia on
Q: Can my lawyer set up a bank account for my mother who is now passed and was an illegal alien? My lawyer can’t find a way

My brother passed years ago. My mom and stepdad filed a wrongful death lawsuit, but both passed before the case was won. The proceeds from the case were split in half. One half to the children of my stepdad, and the other half to the children of my mother. The children of my stepdad had no trouble... View More

Agnes Jury
Agnes Jury
answered on Jan 7, 2024

You may be able to apply for an Individal Taxpayer's Identification Number (ITIN) for your mom with which you should be able to open a bank account for her in the USA. If that doesn't work, you could try to start a probate case so the Court can determine that those funds do... View More

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3 Answers | Asked in Immigration Law for Georgia on
Q: Hi lawyers, working 3/4 full time jobs at same time has any impact on n400. Any client experience/advice?

Hello lawyers, does working 3/4 full time jobs at same time has any impact n400 naturalization.Taxes have been filed on time, don't owe taxes. I will be listing all of them in the application.Any client experience/advise on this?

James L. Arrasmith
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answered on Jan 6, 2024

Working multiple full-time jobs does not inherently affect your N-400, Naturalization Application, as long as you comply with all legal and tax obligations. The key factors for naturalization include lawful permanent residence, physical presence, good moral character, and allegiance to the U.S.... View More

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2 Answers | Asked in Immigration Law for Georgia on
Q: What should I write in special selective service question on citizenship application?

I came after 25th birthday in USA and didn’t register for special selective services and I left USA after I got green card and visited every 11 months for couple of weeks and started living continuously since last 5 years so what should I write yes or no in special selective services question in... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 4, 2024

If you lived in the US between ages 18-26 (other than a lawful nonimmigrant) you should have registered with the selective service system. If you didn't register, explain why you failed to register or apply for N-400 afer the age of 31. I suggest you get assistance from an immigration attorney.

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2 Answers | Asked in Immigration Law for Georgia on
Q: What should I write in special selective service question on citizenship application?

I came after 25th birthday in USA and didn’t register for special selective services and I left USA after I got green card and visited every 11 months for couple of weeks and started living continuously since last 5 years so what should I write yes or no in special selective services question in... View More

James L. Arrasmith
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answered on Jan 4, 2024

For the question on the citizenship application regarding Selective Service registration, honesty and accuracy are paramount. If you came to the U.S. after your 25th birthday, you were not required to register for Selective Service. Men are only required to register within a period starting 30 days... View More

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1 Answer | Asked in Immigration Law for Georgia on
Q: Hi, my brother applied or F4 (Brother & Sister of US Citizens), I received intimation from NVC to deposit fee, COS and

to follow rest of the process. He refuses to go forward with the petition and don't want to deposit fee and sign COS. How can I proceed with my case ?.

thanks.

James L. Arrasmith
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answered on Jan 2, 2024

In the context of an F4 visa category (Brother & Sister of US Citizens), the involvement and cooperation of the beneficiary, in this case, your brother, is essential. If he refuses to move forward with the petition, there is no way for you to independently proceed with the case on his behalf.... View More

3 Answers | Asked in Immigration Law for Georgia on
Q: Can I leave country while citizen ship application is pending waiting for interview?
Ghenadie Rusu
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answered on Dec 30, 2023

As a current lawful permanent resident, you are generally allowed to travel outside the United States. However, the U.S. Citizenship and Immigration Services (USCIS) can schedule your naturalization interview at any time, and often with relatively short notice. If you are out of the country when... View More

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3 Answers | Asked in Immigration Law for Georgia on
Q: Can I leave country while citizen ship application is pending waiting for interview?
James L. Arrasmith
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answered on Dec 30, 2023

If you have a citizenship application pending and are considering leaving the country, it's important to understand the potential implications. Generally, traveling outside the United States while your citizenship application (N-400) is pending is allowed. However, you need to maintain your... View More

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3 Answers | Asked in Immigration Law for Georgia on
Q: Wife pregnant. What visa should my mother in law apply for to enter United states?

Wife, Nigerian conditional permanent resident. Applied to remove conditions. 3 year extension letter provided by uscis.

James L. Arrasmith
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answered on Nov 26, 2023

Your mother-in-law, who wishes to visit the U.S. to be with your wife during her pregnancy, should consider applying for a B-2 tourist visa. This visa is designed for individuals traveling to the United States temporarily for leisure, tourism, or medical treatment. In this case, her purpose would... View More

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1 Answer | Asked in Immigration Law for Georgia on
Q: Is it possible for someone with a pending asylum case to bring their mom from Nigeria to the U.S.A?

What are the odds of her b1/b2 visa since the son also came on B1/B2 visa before filing asylum? The plan is for her to come and meet her grandchildren for the first time and help with the birth of a new one and not to stay permanently.

James L. Arrasmith
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answered on Oct 22, 2023

An individual with a pending asylum case does not have a direct means to sponsor or facilitate the visa application of a family member. Your mother would need to apply for the B1/B2 visa independently, based on her own qualifications and intentions. When assessing her visa application, consular... View More

2 Answers | Asked in Criminal Law and Immigration Law for Georgia on
Q: The charge is “Theft of Property 4th (general)”. Currently on F1 visa. Will this effect when I apply for OPT?

I am a student on F1 visa. Charged for Theft of Property 4th (general). I went to turn myself in and came out in 15 minutes with a bond. They took fingerprints and mugshots. The case was dismissed and expunged. Will this effect when I apply for OPT after my graduation?

James L. Arrasmith
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answered on Oct 22, 2023

If you were charged but the case was dismissed and subsequently expunged, it generally lessens the potential negative impact on your OPT application. However, when applying for any immigration benefit, including OPT, you may still be asked about arrests or charges, even if they were dismissed.... View More

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2 Answers | Asked in Immigration Law for Georgia on
Q: Can someone who entered US with immigrant visa & has already paid the $220 green card processing fee leave US

Can someone who entered US with immigrant visa & has already paid the $220 green card processing fee leave US before receiving their green card in the mail? Because he is a student in the middle of the school term.

He is a student in the middle of the schools term. His mom will stay... View More

Kevin L Dixler
Kevin L Dixler
answered on Sep 18, 2023

No. If you leave too soon, you can abandon your lawful permanent resident status, especially, if you never get the card in the first place. It can take a while for the card to arrive.

You need to establish yourself as a lawful permanent resident by living and working in the United States,...
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2 Answers | Asked in Immigration Law for Georgia on
Q: Can someone who entered US with immigrant visa & has already paid the $220 green card processing fee leave US

Can someone who entered US with immigrant visa & has already paid the $220 green card processing fee leave US before receiving their green card in the mail? Because he is a student in the middle of the school term.

He is a student in the middle of the schools term. His mom will stay... View More

James L. Arrasmith
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answered on Sep 21, 2023

Yes, someone who entered the U.S. on an immigrant visa and has paid the green card processing fee can leave the U.S. before receiving the physical green card in the mail. However, they should ensure they have the necessary travel documents, such as a valid passport and visa, for re-entry to the... View More

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2 Answers | Asked in Immigration Law for Georgia on
Q: How long does a prosecutorial discretion take to get approved in the state of GA in 2023

Prosecutorial discretion time line

James L. Arrasmith
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answered on Sep 8, 2023

I must note that the time frame for prosecutorial discretion approvals can vary significantly depending on a multitude of factors including the specifics of the individual case, the workload of the respective agency handling the matter, and broader policy. To obtain the most current information,... View More

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2 Answers | Asked in Immigration Law for Georgia on
Q: We are in the process of getting a K1 fiancé visa. My fiancé is a German citizen and will move to the US in 2024 once on

We are in the process of getting a K1 fiancé visa. My fiancé is a German citizen and will move to the US in 2024 once the K1 Visa is approved. He currently work in Germany as a remote worker. My question is can he still work for his current company while living here in the US as a remote worker... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 28, 2023

He can apply for a work permit when he arrives in the US on K-1 visa. He can also apply for an EAD when he applies for AOS after you get married. I suggest you work with an immigration attorney to figure out the timing

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