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North Carolina Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for North Carolina on
Q: Daughter will be filing a I129F while this Is being processed the fiance from Canada can visit 6 months? (On passport)

When can he visit again?

James L. Arrasmith
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answered on Feb 23, 2023

When an individual is applying for a K-1 visa, also known as a fiancé(e) visa, they must show that they have a bona fide relationship with their U.S. citizen fiancé(e), and that they intend to marry within 90 days of entering the United States on the K-1 visa. The K-1 visa allows the individual... View More

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2 Answers | Asked in Immigration Law for North Carolina on
Q: If I let my DACA expire and then married a US citizen. What can I do to begin the process to a green card ?
James L. Arrasmith
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answered on Mar 2, 2023

If your DACA has expired and you have married a U.S. citizen, you may be able to apply for a green card through the process of adjustment of status. This process allows you to apply for lawful permanent residence from within the U.S. if you meet certain eligibility requirements.

To apply...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: If USCIS asks for original documents during my interview and all I have is copies, will that be acceptable?
Monica E Rottermann
Monica E Rottermann
answered on Nov 28, 2022

I think it will depend on which documents and the reason for not having the originals with you at the interview. USCIS typically requests to see original birth and marriage certificates (among other documents) at interviews to compare them with the copies that were submitted and confirm that they... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: What passport number should my husband use on USCIS forms? Old passport that he used to enter the country? Or new one?

My husband entered the country legally with his H2B visa, but lost/misplaced that passport and visa on a business trip. He has copies of those original documents, but now has a new passport number. Should he be using his new passport number on all forms or input the old passport number and document... View More

James L. Arrasmith
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answered on Apr 18, 2024

In this situation, your husband should use the passport number that was valid at the time he entered the United States and received his I-94 form. The I-94 form is the official record of his legal entry into the country, and it is tied to the specific passport number he used at that time.... View More

2 Answers | Asked in Immigration Law, Civil Rights and Gov & Administrative Law for North Carolina on
Q: Germany - North Carolina Driving License Reciprocity

I have a German driving license, and everywhere on the internet I find that North Carolina does have a partial reciprocity with Germany, meaning I need to pass a Written Test to get a NC Driver's License but I don't need to do a Road Test. Today at the DMV they said this is not true and I... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 1, 2024

Likely the DMV, you can try going to a different DMV location and hope they are more understanding but it will likely be easiest to take both tests.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: Lawyer still hasn’t filed B2 visa application after being paid 3 years ago. What can I do?

So I paid her in 2019 to help withB2Visa. turns out application is still not submitted.

Original assigned Paralegal quit and another paralegal emailed me asking for documents in April 2023. I sent all within a week and have been patient but I still had to remind them about the case around... View More

James L. Arrasmith
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answered on Dec 15, 2023

In your situation, it's important to address the issue directly with the law firm handling your B2 visa application. First, request a meeting with the lawyer in charge of your case, not just the paralegals. During this meeting, clearly express your concerns about the delays and the lack of... View More

2 Answers | Asked in Employment Law and Immigration Law for North Carolina on
Q: After one received its stamp I-94 at the border with classification DT; Alien what is next? which forms if any to fill ?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 26, 2023

The DT class of admission on your I-94 indicates that you were allowed to enter the US under the Visa Waiver Program (VWP) for a temporary period of up to 90 days for business or pleasure.

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2 Answers | Asked in Divorce, Family Law, Immigration Law and Real Estate Law for North Carolina on
Q: my wife is registered in India, we are getting divorce in india, can i sell my home on my name without her signature ?

I

Ben Corcoran
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Ben Corcoran
answered on Oct 3, 2022

Until the divorce is finalized your wife has an interest in the property and would have to sign any deed.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: My question is in the other part since it’s too long

I’m an American citizen and my boyfriend is a Vietnamese citizen with an American visa, he came here when he was 10 (now 20). I am not sure if when we get married will anything change?

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 1, 2022

A US citizen can sponsor a spouse for a green card provided that the foreign spouse entered the United States with permission, notwithstanding that that person is now in overstay status for over a decade. Keep in mind that he should not exit the United States until he gets a green card or an... View More

2 Answers | Asked in Immigration Law for North Carolina on
Q: My husband is a citizen but my in laws lost all his documents before he turned 18 in the process their divorce.

My question is, how do I go about getting all his documents together if I have nothing to go off on? All I have is the picture he took when they took refuge in Thailand before coming to the States. A few years back, I went to the Immigration center in Milwaukee and they told us to go to the place... View More

Ms Grace I Gardiner
Ms Grace I Gardiner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 16, 2022

You can file a FOIA G-639 with USCIS to get a copy of his immigration file. There he would find a copy of all his immigration documents

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2 Answers | Asked in Immigration Law for North Carolina on
Q: Question about Eligibility

Hey,

I'm here in USA under F1 status and I'm living with my uncle who is a US citizen. He is unemployed so we are living in an apartment from the housing assistance program and we pay $200 in rent because I'm not a US citizen. 1.I will have an issue while adjusting my status... View More

Yohan Zingile
Yohan Zingile
answered on Jul 31, 2022

You cannot adjust status through your uncle. He is not an immediate relative and is not part of the family preference category. The relatives that could file a family petition on your behalf are a US citizen or permanent resident parent, a US citizen brother or sister, a US citizen or permanent... View More

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1 Answer | Asked in Immigration Law and Divorce for North Carolina on
Q: Divorce during a conditional GC

My conditional GC expires in December this year and I would need to remove the conditions 90 days before it. We have been married since almost 3 years and the marriage certainly was in good faith and we both hoped this will last forever.

However, since past year the marriage has been going... View More

Agnes Jury
Agnes Jury
answered on Apr 28, 2022

It would be best if you were divorced by the time you have to apply to remove the condition or soon thereafter. There is language that can be used as part of the divorce to improve the chances of your removal of condition being granted so I would recommend you consult with a family law attorney who... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: Can I stay longer in USA with visa J2
Agnes Jury
Agnes Jury
answered on Apr 4, 2022

More information is needed to answer your question. Best to do a consultation with an experienced immigration attorney because they will have many questions before they can give you an answer. Best wishes!

1 Answer | Asked in Immigration Law for North Carolina on
Q: If my name is not on my Daughter birth certificate and I would like to put my name on it, also she is 19years old? NC

I been with her and her mom ,my wife,with are legally married, since she was born I just never have the chance to fix her birth certificate.

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Feb 14, 2022

Hello. Your question needs more information for a specific answer but this general information should get you started. A lot depends on where your daughter was born and if you are a US citizen or were a US citizen when she was born if that was abroad.

If she was born abroad then the law in...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: The place of birth on the birth certificate is different from the place of birth on my passport.

I am an Indian citizen on H1B, and I am applying for I-140 and I-485. The place of birth on my passport is different than the place of birth on my birth certificate. They are neighboring towns in the same state and district. It was an accidental error on my behalf during my initial passport... View More

Kevin L Dixler
Kevin L Dixler
answered on Jan 4, 2022

Confusion over issues of identity complicate a filing. It 'was' best to have corrected this information before you went forward with 'any' visa processing. Otherwise, it can eventually be viewed as a misrepresentation. Whether this is an innocent or material misrepresentation... View More

1 Answer | Asked in Contracts and Immigration Law for North Carolina on
Q: We bought a house through a verbal agreement with the owner and are wondering if there is a contract to take to them ?

We have already payed the full amount for the house but we have no contract saying it is our property. The seller claims that their lawyer will take until march for any documents to be signed because the buyer has no social security number but does have an ITN number.

Agnes Jury
Agnes Jury
answered on Dec 25, 2021

Real estate is required to be purchased through a written document (no oral contract). If a lawyer is involved in this transaction they should know that. Also, if you paid the full amount for the house then all that should be needed for you to have proof that you own the property is the quit claim... View More

1 Answer | Asked in Immigration Law and Tax Law for North Carolina on
Q: I'm a student in usa under F1 visa and I want to open a uk LTD and sell on the us market on eBay under my company name?

I'm a student in usa under F1 visa and I want to open a uk LTD and sell on the us market on eBay under my company name? It is legal to sell under my company name even if I'm not eligible to work under f1 visa and I should pay taxes to the us or uk government?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 23, 2021

That would be a de facto visa condition violation that will get your student status cancelled.

2 Answers | Asked in Immigration Law and International Law for North Carolina on
Q: LOST PASSPORT please help! How to extend stay over 90 days with an ESTA, whilst awaiting a new passport?

I have just arrived at the airport to leave USA after a 90 day tourist visit on an ESTA visa waiver program. I was due to leave for 4 days to allow my visit time to renew and then return to the states to finish my trip for another 2 months. But I have arrived at the airport and lost my passport!! I... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 4, 2021

You will need to comply with the reality. Obtain your expedited foreign passport and then apply for a new visa in that document.

There is no way around it.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: How can i extend my ESTA stay in USA due to covid isolation? I am UK visiting USA for almost 90days but now cant fly!

I have been in the USA as a tourist on the Visa Waiver program for almost 90 days. I was due to fly out today and return in a few days to continue my USA trip for another 2 months, but I have just learned that a friend I have had contact with has covid, and although I have not tested positive, i... View More

Agnes Jury
Agnes Jury
answered on Nov 4, 2021

Normally you could file to extend your stay but Visa Waiver Program (VWP) entrants are not eligible to extend their stay or change status. However, under current regulations, if an emergency (such as COVID-19) prevents the departure of a VWP entrant, USCIS in its discretion may grant a period of... View More

3 Answers | Asked in Immigration Law for North Carolina on
Q: I am in America with a tourist visa, and my father and mother are Americans, and I am old. Can I obtain a residence

I came with my husband and my son to America and I saw my father and my mother at an advanced age. I want to serve them, but I need to apply for legal residence. I am looking for a way with many thanks

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 15, 2021

You need to provide much more information regarding your potential eligibility to adjust your status.

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