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Washington Immigration Law Questions & Answers
3 Answers | Asked in Immigration Law for Washington on
Q: Can asylum case transfer to work visa(H-1B visa)?

I have an asylum case in the immigration court( my hearing date is in 2023), I'm wondering if I get hired from a company, can I transfer my case to an H-1B visa?

Samuil Buschkin
Samuil Buschkin
answered on Dec 27, 2021

The answer to that depends on how you entered the US before you sought asylum.

If you came in without a proper visa, that is entered the US without inspection, you will not be able to do that.

At the same time, if you entered the US with a visitor or a student visa and those are not...
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1 Answer | Asked in Immigration Law for Washington on
Q: How long does it take for marriage a green card if I'm in asylum status?

I have an asylum case in the immigration court( my hearing date is in 2023) and I'm going to marry a USC. I'm wondering should I request a motion to delay my asylum case and submit my I-130 form at the same time. In my case, how long does it usually take for I-130 approved? I'm in... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 26, 2021

You need to consult a licensed immigration counsel as there are many pitfalls in that fact pattern. You do not have the luxury of making a mistake with that case.

1 Answer | Asked in Family Law and Immigration Law for Washington on
Q: If I am emancipated in Brasil, will it still apply in the US.

I am not a citizen of the US but I am in the middle of my application for my green card. Just got my biometrics appointment!!

Raymond  Lahoud
Raymond Lahoud
answered on Dec 11, 2021

Thank you for your question. More information is needed to better answer your question. You note that you had your biometrics taken. What was that for?

1 Answer | Asked in Immigration Law for Washington on
Q: how long does it usually take for a marriage green card if I have an asylum case in the immigration court?

I have an asylum case in the immigration court( my hearing date is in 2023) and I'm going to marry a USC. I'm wondering should I request a motion to delay my asylum case and submit my I-130 form at the same time. In my case, how long does it usually take for I-130 approved? I'm in... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 4, 2021

Requesting to postpone an asylum hearing would be a mistake. You are asking the same fact pattern worded differently in other posting, without realizing that you will damage your personal case and your future in the United States acting without an experienced legal advice.

2 Answers | Asked in Immigration Law for Washington on
Q: question about a marriage green card.

I have an asylum case in the immigration court( my hearing date is in 2023) and I'm going to marry a USC. I'm wondering will immigration investigate marriage in my case? If so, they will usually investigate before the interview or after? But since my case is already in the immigration... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Dec 4, 2021

USCIS, not the immigration court, will examine the bona fide merits of your marriage to ensure it's a real and not a fake marriage. There are many different types of evidence they request and expect.

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3 Answers | Asked in Immigration Law for Washington on
Q: Hello, How to apply for a marriage green card? I have no idea where to start and how to fill out forms. Thank you.

I'm an asylum status in the united states, and I have an individual hearing in the immigration court on Sep 12. 2023. However, my boyfriend and I have decided to get married. I'm wondering how can I transfer my case to a marriage green card and how can I start? I really need help since we... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 23, 2021

In basic terms, you need to file a concurrent package of federal forms Along with other evidence of a bona fide relationship, marriage, with proofs and supporting documents and have an LPR approval prior to your Asylum interview. In my professional opinion that this should be done with a trained... Read more »

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1 Answer | Asked in Immigration Law for Washington on
Q: I'm inquiring about green card eligibility for a G-1 Visa holder's daughter, (who is also a G-1 visa holder).

I'm inquiring about green card eligibility for a G-1 Visa holder's daughter, (who is also a G-1 visa holder and has stayed in the U.S for five years, and will attend college in New York, meaning she'll have stayed in the U.S for seven years between the ages of 5 and 21 as stated in... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Nov 23, 2021

It is possible, but all adjustment applicants must 'not be' otherwise inadmissible. Other requirements may create challenges. A person's ability to adjust status also depends upon the discretion of the Attorney General. It is not obligatory. I strongly recommend an appointment... Read more »

2 Answers | Asked in Immigration Law for Washington on
Q: How long is the 1-130 approval valid for before submitting the DS 160? Does it expire?

Due to a lot of delays, it takes a while before I get to complete all the requirements needed for submission.

Adan Vega
Adan Vega
answered on Nov 13, 2021

Apparently, you are intending to process the case with the NVC and the U.S. consulate by filing the DS-260. The approval of the relative petition (FORM I-130) can be “cancelled” by the National Visa Center (NVC) if you fail to maintain contact with that agency and you allow a year to lapse.

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2 Answers | Asked in Contracts, Immigration Law and Tax Law for Washington on
Q: Hi. I would like to open an LLC with two other partners in WA state. None of us is a US resident. Can we do it?

All of us partners live abroad, not in the US and none of us has green card or citizenship. What do we need to register and start the business and what tax policies are we facing in WA state as non residents?

Thanks for any help!

Kyndra L Mulder
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Kyndra L Mulder
answered on Nov 13, 2021

There are a few business visas you may qualify for. It sounds like investor visa's may be the avenue best suited for you. An investor visa requires a substantial investment provided you are from a treaty country . It would be wise to make your first investment into the retaining of an... Read more »

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2 Answers | Asked in Employment Law and Immigration Law for Washington on
Q: When do I need to pay back breach of work contract? Contract says I owe $13,500 after leaving company.

I came to America on a job contract which is for 30 months. I left the job after 4 months working to go to a job that pays a lot more money. The contract states I will need to pay $13,500 back to them for expenses bringing me to America. My question is when do I need to pay this $13,500 back to... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Nov 1, 2021

You should immediately speak with an immigration attorney and take a copy of the contract with you. US laws are specific about things like these so you need to make sure the employer is not trying to scare you.

Good luck!

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2 Answers | Asked in Immigration Law for Washington on
Q: Cancelation of removal.

I entered US in May,2013 as a J1 Visa Holder and overstayed visa for almost 9 years. Now I'm married to a husband in same status and have a 2 years old child.

My question is do we have any chance of winning the cancellation of removal if we pass the 10 years, never convicted, clean... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 10, 2021

You may even consider adjusting to LPR is currently married to a USC spouse absent precluding criminal history and having proper admission to the US on a valid J-1.

Discuss jour options further with a reputable immigration counsel.

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1 Answer | Asked in Immigration Law for Washington on
Q: Hi! I am in US with a B2 visa together with mu husband. I have applied to attend a College and have been approved.

I have added my husband as dependent and the College will issue I-20 for both of us. I know I have to apply for change of status from B2 to F1 visa. Does my husband has too apply for change of status too if he will be a dependent? If yes, for what king of visa? Thank you

Kyndra L Mulder
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Kyndra L Mulder
answered on Sep 2, 2021

You are the F1 and your husband will need to apply for the F2 unless he plans to comply with his visitor visa.

1 Answer | Asked in Immigration Law for Washington on
Q: 90 day rule and how does it apply to H2A visa workers if they left for a week due to an emergency. Does it restart?

My fiancé came with a H2A visa in February 2021 and is through late November 2021. We met in April and got engaged in late July. Our planned wedding is this September, however, he is planning to visit his son who is in Mexico from 8/21/21 through 8/28/21 due to medical reasons. Does the 90 day... Read more »

Kyndra L Mulder
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Kyndra L Mulder
answered on Aug 17, 2021

The 90 day rule addresses the intent of a person when s/he enters the USA on a non immigrant visa. Your fiance will be leaving the USA and requesting he be admitted as a non immigrant when he has the intent to immigrate.

2 Answers | Asked in Immigration Law for Washington on
Q: I have a 5 year multiple-entry B2 visa. Can I travel to Mexico and get 6 months more on return to US.

I am an Australian citizen with a 5 year multiple-entry B1/B2 visa. I arrived in the US in early April, 2021 and the passport was stamped at the airport. The officer wrote a date on the stamp for early October.

If I travel to Mexico for a weeks holiday in September and return to the US,... Read more »

Agnes Jury
Agnes Jury
answered on Aug 6, 2021

There is no way to predict how long you will be granted to stay upon re-admission and no guarantee that you would be allowed to re-enter in the first place. You have to convince the border patrol officer that you are entering the US for tourist purposes, have the financial means to do so, and... Read more »

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2 Answers | Asked in Immigration Law for Washington on
Q: If I am detained in county jail for 10-20 days, will I be deported?

I have a few small things on my record, and I was just charged with 2nd-degree assault. Although I was younger than 18 for everything on my record, I was tried as an adult for this charge and I am now facing jail time for 10-20 days.

Kevin L Dixler
Kevin L Dixler
answered on Jun 17, 2021

The answer depends upon the 'few small things.' Immigration law mandates removal for multiple crimes involving moral turpitude. If you were tried as an adult, then that may have been a mistake made long ago. It is unclear whether the criminal conviction orders can be re-opened, which is... Read more »

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1 Answer | Asked in Immigration Law for Washington on
Q: I came to us over 30 yrs ago a native of scotland

I had my child her in us, also was self employed in past. Do I need to apply for citizenship or what do I need to do

Tim Akpinar
Tim Akpinar
answered on Apr 29, 2021

Sorry your question remains open. You could reach out to immigration attorneys - some firms offer very brief initial consults for free. You could use the tab above (Find-a-Lawyer) to locate immigration attorneys on this site, or you could search on our own. Another option could be to repost your... Read more »

1 Answer | Asked in Immigration Law for Washington on
Q: I am filing my n-400 and I have a question, I have my 4 year tax transcript, the first year in 2016 I didn’t work?

In 2016 I am filing my n-400 and I have a question, I have my 4 year tax transcript, the first year in 2016 I didn’t work?I did not work and I was a student, my question is that for my n-400 ,I have my 4 year tax return, for 2016 I didn’t have income , so I don’t file a tax return, do I file... Read more »

Agnes Jury
Agnes Jury
answered on Apr 14, 2021

When you don't file a tax return because you are not required to file a tax return per IRS rules, you would answer YES to not having filed a tax return and simply explain why you were not required to file for that year. Best wishes!

https://www.creditkarma.com/tax/i/who-files-taxes...
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1 Answer | Asked in Immigration Law for Washington on
Q: My Boyfriend has been going to court for 9 years to see what he can do about his visa. His lawyer hasnt done nothing

I feel he has got riped off .

Adan Vega
Adan Vega
answered on Feb 25, 2021

The immigration court system is bogged down with more than 1.2 million cases and some cases have been pending for 9 years and more.

You can always ask the attorney to provide you with an update and a copy of the file.

You can also visit an experienced immigration attorney and...
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1 Answer | Asked in DUI / DWI and Immigration Law for Washington on
Q: Can I apply for citizenship even though I have a DUI on my background?

I have my green card residency for more than 20 years and I want to apply for my citizenship but I don't know if I can because I have a DUI on my background. What can I do and what is the process like?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Feb 8, 2021

It seems unlikely that a single DUI would negatively impact your application for citizenship. Applicants for citizenship must show 5 years of good moral character, so if the DUI was in the last five years you might want to wait until more than five years have passed. You will also want to make sure... Read more »

1 Answer | Asked in Immigration Law for Washington on
Q: How long it will take to get non-usa partner legalize in the country ?

I am a US citizen and I met a Brazilian citizen who came to the country with a visa (B1/B2). I fell for him and I don’t want him to leave country instead I want to marry him.

Ms Grace I Gardiner
Ms Grace I Gardiner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2020

Yes you can marry him as long as it’s 90-120 days after entry otherwise uscis can allege immigration fraud. Before Covid-19 it could take four to six months for approval now it takes about six to nine months. He cannot leave the us during the process until he is issued a travel document. Feel... Read more »

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