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South Carolina Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for South Carolina on
Q: Which is quicker to bring my spouse to the Unites States? k1 spousal visa or marrying abroad?

I am engaged to someone who lives in Dominican Republic. We are planning to get married and then applying for the spousal visa but i heard that it will be a much longer process if we go that route opposed to the K1 90 day fiancé visa?

James L. Arrasmith
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answered on Oct 22, 2023

The K-1 fiancé(e) visa typically allows a foreign fiancé(e) to enter the U.S. faster than the spousal visa process would if you marry abroad. The K-1 visa is designed for U.S. citizens to bring their foreign fiancé(e) to the U.S. for marriage within 90 days of arrival. Following the marriage,... View More

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1 Answer | Asked in Immigration Law for South Carolina on
Q: My kids entered US via K2 last 2018. I have not applied AOS yet but wanting to do now. Will this affect their approval?
T. Augustus Claus
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answered on Aug 14, 2023

If your children entered the US on a K-2 visa in 2018 and you're now considering applying for Adjustment of Status (AOS) for them, it's important to proceed thoughtfully. While applying for AOS shouldn't inherently impact their approval, factors like timeliness, eligibility, changes... View More

2 Answers | Asked in Immigration Law for South Carolina on
Q: Can I sue immigration? I have kids in Ukraine where is war now and I can not bring them to me in USA

I have filed I-130 and its in in status of getting interview now, and I filed U4U program and this I-134A case got confirmed in April 2023. Till now I still can not move forward any of this cases and bring kids to me from Ukraine. Its a brutal war in Ukraine and beside my... View More

James L. Arrasmith
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answered on Jul 23, 2023

As an attorney, I understand the urgency and emotional difficulty of your situation. While I empathize with your predicament, I must clarify that U.S. immigration law does not provide a direct avenue to sue the government to expedite or prioritize specific immigration cases. The processing times... View More

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2 Answers | Asked in Immigration Law for South Carolina on
Q: Can I sue immigration? I have kids in Ukraine where is war now and I can not bring them to me in USA

I have filed I-130 and its in in status of getting interview now, and I filed U4U program and this I-134A case got confirmed in April 2023. Till now I still can not move forward any of this cases and bring kids to me from Ukraine. Its a brutal war in Ukraine and beside my... View More

Kevin L Dixler
Kevin L Dixler
answered on Jul 13, 2023

A writ of mandamus can be dismissed. The Unite for Ukraine process is totally discretionary and there are too few examiners to process the applications, but visas that are subject to unreasonably low Congressionally mandated levels are political matters.

Complain to your Congressional...
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2 Answers | Asked in Immigration Law and Adoption for South Carolina on
Q: Am I a US citizen?

Hello,

My adoptive father was a US armed forces serviceman (honorable discharge in early 90s) stationed in UK when he met and married my UK born mother in 1984. I was 3 years old at that time. I have no relationship with my biological father. I immigrated to the US on an IR2 visa and green... View More

James L. Arrasmith
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answered on Feb 26, 2023

Based on the information you provided, it is possible that you may already be a U.S. citizen. You were born to a U.S. citizen parent who was physically present in the United States for the required period of time prior to your birth, and your father is a U.S. citizen. In addition, you were adopted... View More

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1 Answer | Asked in Immigration Law and Adoption for South Carolina on
Q: Adoptive father was US armed forces stationed in UK when he married my UK mother in 1984. Am I a USC?

Hello,

My adoptive father was a US armed forces serviceman (honorable discharge in early 90s) stationed in UK when he met and married my UK born mother in 1984. I was 3 years old at that time. I have no relationship with my biological father. I immigrated to the US on an IR2 visa and green... View More

James L. Arrasmith
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answered on Feb 26, 2023

Based on the information you provided, it is possible that you may already be a U.S. citizen. You were born to a U.S. citizen parent who was physically present in the United States for the required period of time prior to your birth, and your father is a U.S. citizen. In addition, you were adopted... View More

1 Answer | Asked in Immigration Law for South Carolina on
Q: I have withholding removal status if my mom she is permanent resident if she apply I-130 for me can I adjust my status

I have entered without inspection and my withholding removal was granted , my mother she is US permanent resident, if she apply I-130 and once's it’s approved can I adjust my status in US? Do I need wavier if wavier grant’s then could i adjust status in US

Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

To be able to apply for adjustment of status with your lawful permanent resident mother as your petitioner you would need to qualify under INA 245(i), as you entered the United States without inspection and have, therefore, not maintained a lawful status the whole time you have been present in the... View More

2 Answers | Asked in Criminal Law and Immigration Law for South Carolina on
Q: Will I have trouble in the airport?

Me and my friend made a terrible mistake trying to steal from Walmart. They called the police and the police wanted to schedule the court for May 19. We had flight tickets (we are international students) to go home in the next week so they somehow could hold the “court” right there at the... View More

Stephen Grooms
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Stephen Grooms
answered on May 3, 2022

It sounds like you may have been issued a citation for shoplifting or petty larceny and plead guilty or no contest. If this is the case then that is a criminal misdemeanor charge, but it can also be classified as a crime of dishonesty. Both could impact your immigration status.

If you were...
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1 Answer | Asked in Immigration Law and International Law for South Carolina on
Q: Can I register a car in SC with my German Passport (no Visa ESTA) and my German/ international license? I own property i

Can I register a car in SC with my German Passport (no Visa ESTA) and my German/ international license? I own property in SC and can provide proof of address (Deed, Utility bill…) Have a SSN

Kyndra L Mulder
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Kyndra L Mulder
answered on Sep 27, 2021

There are many foreign nationals that own vehicles in the United States. I suggest you contact the Department of Motor Vehicles for their required documents.

1 Answer | Asked in Child Custody, Domestic Violence, Family Law and Immigration Law for South Carolina on
Q: I’m an undocumented grandparent seeking custody of my two grandchildren who are now in DSS foster care after abuse by…

…after abuse by their parents. What kin rights do my husband and I have and what is the process for gaining custody?

Agnes Jury
Agnes Jury
answered on Jun 2, 2021

This is a family law question, not immigration. Your immigration status may of some importance in the custody matter but that is something the family law attorney needs to address. Best wishes!

2 Answers | Asked in Divorce, Immigration Law, Child Custody and Child Support for South Carolina on
Q: I lived under common law for 17 years, separated 10 months ago, both undocumented, have a child. Can file for divorce?

What are the risks ? Can I ask for child support and alimony? There’s a new girlfriend in the picture who he’s planning to marry in the future since she’s a citizen. We have a business and properties together. If I can’t file for divorce what options do I have? Thank you!

Hector E. Quiroga
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Hector E. Quiroga
answered on Apr 12, 2021

The fact that you are undocumented should have no bearing on your ability to get divorced. The fact that your marriage is common law might have some bearing on your ability to get a divorce, but that is a question for an attorney with family law experience in your state.

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1 Answer | Asked in Divorce and Immigration Law for South Carolina on
Q: I am seeking a divorce from a non-citizen. He was deported over 4 years ago. Which type of divorce should I file for

Married less than 1 year when deportation occurred.

Ina Shtukar
Ina Shtukar
answered on Mar 25, 2021

While you were married for a short period of time, I do not believe that annulment is an option. File for an absolute divorce. I do not think this will be an issue in light of the circumstances. You do need to speak to a SC family law attorney, since serving your former spose could be an issue. Was... View More

1 Answer | Asked in Immigration Law and Tax Law for South Carolina on
Q: What recourse do I have if my employer tries to force me to participate in the President's Fed tax deferment program ?

I prefer to continue paying my fed income tax as usual but I've heard that I may not be given a choice, that my employer may just stop paying our fed taxes without the employees request or consent.

Kyndra L Mulder
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Kyndra L Mulder
answered on Sep 19, 2020

This is a question for a tax attorney.

2 Answers | Asked in Immigration Law for South Carolina on
Q: Application of naturalization, form N-400. What if I don't have the information?

I'm applying for naturalization and have filled out form N-400 except for a few questions. My spouse was married 20 years ago and the form is asking for the birth date of the ex-spouse and a few other questions that are difficult or impossible to answer. We have no way of finding this person.... View More

Allen C. Ladd
Allen C. Ladd
answered on May 9, 2020

It's best to answer "unknown" ... and to avoid leaving items blank, if they require an answer.

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1 Answer | Asked in Immigration Law for South Carolina on
Q: Immigration form N-400, part 10, section 9, previous marriage. How to answer if don't know information?

I'm applying for citizenship through marriage. My wife was married 20+ years ago and she can't recall and I can't find some of the information asked about her ex-spouse in part 10 of N-400. Should I enter "unknown" or something else as an answer? I assume leaving it blank... View More

Robert Roy Klein
Robert Roy Klein
answered on May 8, 2020

Answer it to the best of her ability to remember. In the interview, tell the officer as much. Bring any docs that you have related to it, if any.

3 Answers | Asked in Immigration Law for South Carolina on
Q: Our concurrent I 130 and AOS application got rejected twice. Is it safe to re-apply but just the Petition or I130 first?

I petitioned my wife and she also filed her AOS together with the I -130, she was in J1 visa. Unfortunately, it was rejected twice and because she wasn't able to send the form I-944. She is now out of status, but her visa is NOT subject to a 2 year home residency rule. Now if we will try... View More

Mario Musil
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Mario Musil
answered on May 2, 2020

Although you can technically file the I 130 first, the I 485 and related documents have to be filed in order to obtain legal status for her. Filing separately will just be a waste of time and the I 130 itself will not protect her stay here. I recommend you speak to a qualified attorney about the... View More

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1 Answer | Asked in Immigration Law for South Carolina on
Q: Can I get a fiancee visa even if I am already here in US?

I am a J1 here in US and got denied with my extension, already overstayed. I am currently living with my boyfriend and we are still not ready to get married. Is it possible if I can get a fiancee visa instead while here in US?

Allen C. Ladd
Allen C. Ladd
answered on Apr 30, 2020

Sorry, no. Question about your J-1, are you subject to the 2-year home-country return requirement? (Also known as being subject to section 212(e) of the Immigration and Nationality Act.) Be sure to check that.

When and if the two of you decide to marry, you will be able to go forward --...
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2 Answers | Asked in Immigration Law for South Carolina on
Q: I filed an extension for my J1 visa but I got denied. Will it affect my application for AOS and petition in the future?

I'm in J1 visa and I applied for an extension yet I got denied. My visa expired already when they sent me the response. I still haven't got married to my boyfriend. If he will petition me in the future and I will file my AOS, will this be a problem because I already overstayed?

I... View More

Svetlana Kats
Svetlana Kats
answered on Apr 30, 2020

Sine you are out of status now, the best option for you is to marry your boyfriend ( I assume he is a US citizen?).

After the marriage he can file marriage based petition for you along with the AOS application from you.

Having pending I-130/I-485 would allow you to remain legally in...
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1 Answer | Asked in Immigration Law for South Carolina on
Q: I am a US citizen and filed a petition for my mother in March of last year, it was accepted.

I submitted all the documentation and payed all required fees, she had her interview in Bogota in February of this year and they kept her passport but requested other documentation, right at the time when I had gathered the other documents the consulate closed. Is the new executive order going to... View More

Adan Vega
Adan Vega
answered on Apr 23, 2020

The U.S. consulate that is processing your mother's case for an immigrant visa will remain closed for the next 60 days or more for issuance of immigrant visas except for certain cases that are exempt from that executive order. Unfortunately, parents of U.S. citizens are not listed as exempt... View More

1 Answer | Asked in Immigration Law for South Carolina on
Q: Do we need to declare Unemployment Benefits in I944? What category it belongs to in the form , Page 8- Question 16?

Do we need to declare Unemployment Benefits in filling out I-944? If Yes, is it a General assistance or Any Federal, State, tribal cash assistance for income maintenance ? The question is in I944 page 8 question #16.

Thank you for anyone who can help me.

Robert Roy Klein
Robert Roy Klein
answered on Apr 20, 2020

Unemployment is not considered under the public charge rule, so do not list it under the public benefits section of the 944.

Question 6, on page 4, is where you'll add any extra income. I would recommend adding it since it won't go against you. Also, at least in CA, it's...
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