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Georgia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Georgia on
Q: Do lawyers have reputations with U.S. consulates that directly or indirectly affect the outcome of a visa issuance?

I am considering hiring an attorney for a U.S. Visa case that is based in a certain country and claims to have worked with that country's embassy and consulates frequently. I cannot find them on the list the consulates provide of attorneys for US citizens. I'm highly curious about... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 26, 2023

While there is no official policy or procedure that indicates that U.S. consulates have specific reputations for lawyers or law firms, it is possible that certain lawyers or law firms may have a better relationship with a particular consulate or embassy due to their experience and reputation for... Read more »

2 Answers | Asked in Immigration Law for Georgia on
Q: I just received an I-130 Immigration Approval Notice! However, the USCIS is retaining the petition. See More Info

We did not indicate on the petition whether the beneficiary intends to apply for an immigrant visa abroad

at a U.S. Embassy or a U.S. Consulate or will apply for adjustment of status in the United States. Can you help us with next steps and what or who can complete the I-485 and I-693 forms?

James L. Arrasmith
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answered on Feb 25, 2023

Based on the notice you received, it appears that USCIS has approved your petition but needs additional information in order to determine whether the beneficiary will apply for an immigrant visa abroad or for adjustment of status in the United States. The best next action would be to review the... Read more »

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1 Answer | Asked in Immigration Law for Georgia on
Q: I received this approval notice. Please help

The above petition has been approved. However, you did not indicate on the petition whether the beneficiary intends to apply for an immigrant visa abroad

at a U.S. Embassy or a U.S. Consulate or will apply for adjustment of status in the United States. Therefore, USCIS has retained the... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 25, 2023

Based on the notice you received, it appears that USCIS has approved your petition but needs additional information in order to determine whether the beneficiary will apply for an immigrant visa abroad or for adjustment of status in the United States. The best next action would be to review the... Read more »

1 Answer | Asked in Immigration Law for Georgia on
Q: I received this approval notice. Please help! What is the best next action?

The above petition has been approved. However, you did not indicate on the petition whether the beneficiary intends to apply for an immigrant visa abroad

at a U.S. Embassy or a U.S. Consulate or will apply for adjustment of status in the United States. Therefore, USCIS has retained the... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Feb 25, 2023

Based on the notice you received, it appears that USCIS has approved your petition but needs additional information in order to determine whether the beneficiary will apply for an immigrant visa abroad or for adjustment of status in the United States. The best next action would be to review the... Read more »

1 Answer | Asked in Immigration Law and Social Security for Georgia on
Q: My grandpa from Guatemala is 70 years old, came and worked 45 years legally in USA. Can he claim SSI benefits without GC

He has always been legal on EAD document until 5 years ago he missed renewal of his EAD as well as an interview for the green card when he moved to a new address and hence he does not have any legal status right now except his green card application is freshly filed by one of his granddaughters who... Read more »

James L. Arrasmith
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answered on Feb 23, 2023

If your grandpa has worked in the United States and paid Social Security taxes, he may be eligible for Social Security retirement benefits, regardless of his current immigration status. However, to be eligible for retirement benefits, he must have earned 40 Social Security credits, which is... Read more »

1 Answer | Asked in Immigration Law and Social Security for Georgia on
Q: My aunt, age 69, is GC holder, can she continue receiving SS retirement benefits if she moves to Guatemala permanently.?

She came to USA legally 44 years ago and has been receiving social security retirement benefits after reaching full retirement age. She always maintained her legal immigration status and is now permanent resident (Green Card holder) but has not become US citizen as she can't speak English. Now... Read more »

James L. Arrasmith
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answered on Feb 23, 2023

If your aunt is a lawful permanent resident (Green Card holder) who moves to Guatemala permanently and gives up her Green Card, she may still be able to receive her Social Security retirement benefits while living abroad, as long as she meets certain eligibility requirements.

To be eligible...
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1 Answer | Asked in Immigration Law for Georgia on
Q: I am a Russian citizen with green card. I’m being mobilized to Russian army. Will I be able to come back to the states?

I am a permanent resident of the US. Currently I am being mobilized to Russian army based on new mobilization laws. If I don’t go there, I’ll be facing 10 years in prison. All my family lives there and I visit them every year. If I don’t go to this mobilization, then I will never be able to... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 8, 2022

Your Lawful Permanent Status will be jeopardized if you will be absent for longer than 181 days from the United States. If you stay abroad for over one year in Russia your LPR status will deemed abandoned and you will be denied entry.

There is a legal caveat: if you are not served the draft...
Read more »

2 Answers | Asked in Employment Law and Immigration Law for Georgia on
Q: Changing jobs after green card based on employment received

I have got my employment based green card a month back however now my current employer isn’t focused on my promotion and compensation change. I have come across a great opportunity and want to switch jobs, wanted to know is there anyway current employer can cause issues with my green card for... Read more »

Adan Vega
Adan Vega
answered on Oct 14, 2022

Once your permanent resident status was approved by USCIS you are expected to work in the sponsored position for a reasonable period of time.

The law does not set a specific amount of time that you must remain with the sponsoring employer.

I highly recommend that you should visit...
Read more »

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2 Answers | Asked in Immigration Law for Georgia on
Q: I'm going to marry my girlfriend who is an au pair. She's from Ecuador she's in her 1 year.

can we get married in this year or what happen if she extend for a second year and in the second year we get married and I'll apply for give her a temporally green card, which one is the best option?

how long takes the process?

what happen if she extend for a second year and... Read more »

Safiya Webber Byars
Safiya Webber Byars
answered on Oct 11, 2022

Congratulations on your decision to get married. Based on your initial questions your best option may be to get married and proceed with her adjustement of status petition in the United States. While her application is pending she will be eligible for a work permit. Transitioning from au pair... Read more »

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1 Answer | Asked in Immigration Law for Georgia on
Q: Will I have any issues at port of entry while returning back to USA with my 10yrs green card after my divorce?

I got my Permanent Green Card (10yrs) based on marriage. Unfortunately, I got divorced last year. Will that effect my Port of Entry while returning back to USA with my Green Card?

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 16, 2022

If you have a 10 your card and your returning to the United States with an unexpired card, then you should not have any problem at all. Now if you have any criminal convictions then that would be a problem.

1 Answer | Asked in Immigration Law for Georgia on
Q: I have an ATD Enrollment appointment. Should I apply for asylum (I-589) before the appointment?

I have not completed any documents and was released very quickly from a detention center. They said this appointment is to determine if I am eligible to apply for asylum but the document with the appointment does not specify this. The information on the document is very vague.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

You will benefit from immediately discussing your personal ability to seek asylum in the US with an experienced immigration attorney as that area of law is notoriously difficult for neophytes.

1 Answer | Asked in Immigration Law for Georgia on
Q: My Nigerian girlfriend and I have not met in person. Could we marry online and get a visa to honeymoon in the US?

I'm a US citizen, she's a Nigerian citizen

Dating 5 years online and considering an online marriage in Utah

We want to consummate our marriage and apply for a spousal visa

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 17, 2022

A fiancée visa cannot be issued unless you and your significant other have physically met in person and have proof of that meeting within two years of applying for the K visa. The US immigration laws only allow for marriage to be conducted remotely in very limited circumstances. You should retain... Read more »

1 Answer | Asked in Immigration Law and Domestic Violence for Georgia on
Q: Can you sign a voluntary dismissal with having a valid passport but expired visa

If so how long will that take?

Kevin L Dixler
Kevin L Dixler
answered on May 14, 2022

You can do whatever you want.

More information is needed if you are concerned with whether you will ever be approved for a visa in the future. Were/are you accused of a domestic violence? What are the facts? Did you go through any sort of court mandated classes? What is the maximum...
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1 Answer | Asked in Domestic Violence, Family Law and Immigration Law for Georgia on
Q: I live in GA. My husband was previously arrested for domestic violence. If he brings his family to our home to visit..

They are from another country..they are abusive to me in front of my son and husband ..if I let my spouse know I am leaving with my son and take my son to my mothers home can I get a restraining order if he threatens me? What about a good behavior warrant in GA?

Homer P Jordan IV
Homer P Jordan IV
answered on Mar 29, 2022

At this point, you both have equal custody of the child. He can also take the child. You may want to consult with an attorney who can review the facts of your case in detail and provide you with guidance.

1 Answer | Asked in Immigration Law for Georgia on
Q: What does pending adjudication means ?
Agnes Jury
Agnes Jury
answered on Mar 21, 2022

It means your case is being reviewed. Best wishes!

1 Answer | Asked in Immigration Law for Georgia on
Q: How do I prove legal and physical custody when applying for a passport using the derived citizenship?

I was born outside the U.S and became a citizen through the naturalization of my father in 2015. He got his citizenship before I turned 18. I'm currently 23. My parents aren't married but they've been together since I was born. I meet the derived citizenship test. I was planning to... Read more »

Agnes Jury
Agnes Jury
answered on Mar 14, 2022

If your parents were not married, you will need to show a court order acknowledging that your father is your biological father (known as "order of filiation") as well as an order that grants him legal and physical custody of you. It may be joint legal and physical custody with your mom... Read more »

1 Answer | Asked in Immigration Law for Georgia on
Q: Can I file i-130 for my mother and her 2 under children under the age of 21. If I am a US citizen?
Agnes Jury
Agnes Jury
answered on Feb 24, 2022

You can if you are older than 21 years of age.

Here is some information on how to sponsor siblings: https://www.uscis.gov/family/family-of-us-citizens/bringing-siblings-to-live-in-the-united-states-as-permanent-residents

Here is some information on how to sponsor parents:...
Read more »

1 Answer | Asked in Immigration Law for Georgia on
Q: Will USCIS accept a letter for non-availability of birth certificate issued by the consulate in the U.S.?

This is in regards to requesting for evidence for form I-485

Agnes Jury
Agnes Jury
answered on Feb 23, 2022

Yes. But you must submit other acceptable evidence relating to the facts of your birth, such as church or school records, hospital or medical records, personal affidavits, or similar evidence. Best wishes!

1 Answer | Asked in Immigration Law for Georgia on
Q: What credentials does my fiance from Kenya Africa need to visit me,we are getting married in October.

We want to get married in October of 2022

Kevin L Dixler
Kevin L Dixler
answered on Feb 11, 2022

Likely, a fiancé visa, but that may prove unlikely. You can marry her in Kenya, but if you want to marry her in the U.S., then a K-1 fiancé petition and visa must be approved.

It can prove extremely difficult to seek a non-immigrant visa if the purpose is to get married. If a person,...
Read more »

1 Answer | Asked in Immigration Law for Georgia on
Q: I would like to petition for my mother to come to the U.S.

I am a naturalize citizen. I am on food stamp and medicaid and I am also going to college and receiving financial aid. Will any of those things be a problem for me? I know the USCIS website said the medicaid and food stamp won't but I'm not sure if the financial aid will be a problem. My... Read more »

Agnes Jury
Agnes Jury
answered on Jan 19, 2022

As long as your husband meets the income requirements for a joint sponsor then your situation will not negatively affect your petition for your mom. Best wishes!

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