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Georgia Immigration Law Questions & Answers
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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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

James L. Arrasmith
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answered on Sep 7, 2023

Under U.S. federal law, your fiancé should generally avoid working in the U.S., including remote work for a foreign employer, before receiving work authorization through the adjustment of status (AOS) process, which is initiated after your marriage. Engaging in unauthorized work could potentially... View More

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2 Answers | Asked in Immigration Law and Criminal Law for Georgia on
Q: Have a immigrate serving life but just got letter for deportation. Will he be deported?

He was found guilty of Malice, assault and felony murder. And charged with life with out parole under the state of Georgia judge. He is currently serving time and has been for over a few years now, but recently went in front of a immigration judge and has been ordered to be removed back to Jamaica... View More

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

This seems like a complicated situation that must be described better before anyone can understand and answer.

First, how are you related to to the person with the immigration problem? Second, what, if anything, were they arrested and what exact offense(s) (law) were they arrested for,...
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1 Answer | Asked in Criminal Law and Immigration Law for Georgia on
Q: Would you mind helping me out back to USA? few months ago I called the respective offices said warrants were inactive

Could you please help me with the following information here, few months ago I called the respective offices from India, said they were inactive warrants, would you please help me how to process H1B.

I got deported on 30th May 2012, due to immigration law breaks as given, actually I was not... View More

Kevin L Dixler
Kevin L Dixler
answered on Aug 11, 2023

This is confusing, because you indicate that you pled guilty, so warrants are not the issue.

If you are inadmissible based upon a deportation order and/or the criminal convictions, then you must seek a waiver of inadmissibility if you may qualify for one. You may also need to file for...
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1 Answer | Asked in Immigration Law for Georgia on
Q: Can an Alien pending for asylum flight to another state inside the USA for a couple of day or weeks without any problem?
James L. Arrasmith
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answered on Jul 6, 2023

If an individual with pending asylum status wishes to travel to another state within the United States for a short period of time, it is generally allowed, but it's important to comply with conditions set by the Department of Homeland Security (DHS) and inform your asylum officer or legal... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: If my mother marries a citizen and gets residency, am I also able to get residency as a 22 year old?
Monica E Rottermann
Monica E Rottermann
answered on Jun 12, 2023

You would not qualify as a stepchild of your mother’s United States citizen spouse under the immigration laws so could not immigrate through them. To be treated as a stepchild for immigration purposes, the marriage between your mother and her USC spouse would have had to have occurred while you... View More

2 Answers | Asked in Criminal Law and Immigration Law for Georgia on
Q: If someone accused me of crimes falsely to obtain immigration benefits who do I report this to? In the state of Georgia

If someone accused me of crimes falsely to obtain immigration benefits who do I report this to? In the state of Georgia

James L. Arrasmith
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answered on May 16, 2023

If you believe that someone has falsely accused you of crimes to obtain immigration benefits, it is important to take appropriate action to address this situation. In the state of Georgia, you can consider the following steps:

Contact local law enforcement: Report the false accusations to...
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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... View More

James L. Arrasmith
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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... View 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... View 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... View More

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... View 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... View More

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... View 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... View 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... View 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... View 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... View 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...
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