Lawyers, Answer Questions  & Get Points Log In
Washington Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Washington on
Q: What happens if an applicant missed U.S. immigrant visa interview, which was not cancelled on time by the applicant?

The applicant (family-based visa, F3 married child over 21 years old petitioned by U.S. citizen parent) did not show up on the first interview because he/she was not medically cleared, and that the clinic requested the applicant to have additional medical tests in multiple dates, and now the... View More

Monica E Rottermann
Monica E Rottermann
answered on Aug 9, 2023

The applicant should contact the U.S. Consulate where the interview was scheduled and ask that the interview be rescheduled, if the interview date has already passed there should be no need to wait any longer to contact the consulate for a new interview date.

2 Answers | Asked in Immigration Law for Washington on
Q: Do I need to file I-539 while I-130 is pending?

Immediate relative living with us on B-2 visa. Filed I-130, have receipt, under review. Do I need to file I-539 to extend her stay while I-130 is procession? Should I immediately file I-485?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023

If the immediate relative's B-2 status is set to expire before the I-130 petition is approved, filing Form I-539 to extend the B-2 status may be necessary to maintain lawful presence. The filing of I-130 itself does not extend or change the visa status. As for the I-485, it can be filed... View More

View More Answers

2 Answers | Asked in Immigration Law for Washington on
Q: Do I need to file I-539 while I-130 is pending?

Immediate relative living with us on B-2 visa. Filed I-130, have receipt, under review. Do I need to file I-539 to extend her stay while I-130 is procession? Should I immediately file I-485?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2023

If your immediate relative is in the United States on a B-2 visa and you have filed an I-130 petition for them, they can generally stay in the U.S. while the I-130 is pending. The filing of an I-539 to extend their B-2 status may not be necessary if the I-130 is being processed in a timely manner.

View More Answers

1 Answer | Asked in Immigration Law and International Law for Washington on
Q: I got a DUI in WA state in 2002. In April of 2023 I planned a vacation to Canada. I was determined inadmissable.

I'd like to travel to Scotland in spring of 2024. I have only the one DUI. I have a valid passport and traveled to Ireland in 2022. Weird that I could go to Ireland but not Canada. Will I be allowed into Scotland or will my inadmissible status to Canada prevent my trip?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2023

You are inadmissible to Canada due to your DUI conviction, but that does not necessarily mean you will be inadmissible to Scotland. The UK Border Force has the right to refuse entry to anyone they believe is a threat to the UK's security. You can increase your chances of being allowed into... View More

1 Answer | Asked in Immigration Law for Washington on
Q: I want to rescind my sponsor of my sister's I130 petition. It was approved and sent to NVC. What is the process?

The petition was approved and "sent to Department of State NVC center". Do I need to send my cancellation request to them or USCIS office or both? Also, can my sister find alternative family sponsor (outside of my family) to sign the I-864 Affidavit of Support form? I am worried my... View More

Vince Sykes
Vince Sykes
answered on Jun 15, 2023

The I-130 is step 1 of a multi-phase process. The I-130 in essence simply validates the legal sibling relationship between you and your sister--that you and your sister are indeed sisters--and nothing more. If you do nothing further, NVC will eventually cancel out the process; if no activity after... View More

2 Answers | Asked in Immigration Law for Washington on
Q: Hi, my spouse and I have our I-485 marriage based interview coming up tomorrow after applying for adjustment of status l

We do not have original copies of the forms we submitted to USCIS, however, should we refill those forms out to bring? They would not exactly match the ones we submitted though and the date wouldn't be right.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2023

It's important to bring all necessary documents to your I-485 marriage based interview to demonstrate your eligibility for adjustment of status. This includes any forms you submitted to USCIS as part of your application.

If you don't have the original copies of the forms,...
View More

View More Answers

2 Answers | Asked in Immigration Law for Washington on
Q: Hi, my spouse and I have our I-485 marriage based interview coming up tomorrow after applying for adjustment of status l

We do not have original copies of the forms we submitted to USCIS, however, should we refill those forms out to bring? They would not exactly match the ones we submitted though and the date wouldn't be right.

Lilia  Alcaraz
Lilia Alcaraz
answered on Mar 15, 2023

It’s great to hear you're preparing for your adjustment of status interview. While it's always best to have all of your original documents with you, don't worry if you don't have them all. Just take what you have available with you to the interview. The USCIS officer... View More

View More Answers

2 Answers | Asked in Immigration Law for Washington on
Q: Can I get a remote job outside the US while being on a student visa in the US?

Is a remote job within the scope of positions and international student (F1) can take while being in the US?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023

According to the regulations of the United States Citizenship and Immigration Services (USCIS), international students on an F1 visa are generally allowed to work on-campus for up to 20 hours per week while school is in session, and full-time during breaks and holidays. However, off-campus work... View More

View More Answers

1 Answer | Asked in Immigration Law for Washington on
Q: Will a green carded son be denied citizenship if his US-citizen mother paid his Ukraine-based child support obligation?

Overbearing mother insisted on paying her son's child support obligation after he got his green card immigration. Low income at first, but she refused to give her son money so he could pay directly. My stepson is very involved with his child, but technically has made no child support payments... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2023

To become a U.S. citizen, the applicant must meet certain requirements, including showing that they have been a person of good moral character during the statutory period (typically five years before applying for naturalization). Paying child support is a factor that can be considered in the good... View More

1 Answer | Asked in Immigration Law for Washington on
Q: Can we withdraw from being somebody's sponsors when i-134 was already approved and the family is in US already? U4U

We sponsored a family from Ukraine and let them stay with us for several months. They moved out a few months ago. Now they are accusing us of throwing away some of their important paperwork which supposedly came to our house by mail about a month's ago. We haven't been in contact with a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023

If you signed an Affidavit of Support (Form I-134) to sponsor a family member from Ukraine, you are legally responsible for providing financial support to that person if they are unable to support themselves. However, if you no longer wish to continue sponsoring the family member and providing... View More

2 Answers | Asked in Immigration Law and Juvenile Law for Washington on
Q: Am I able to travel outside the US with a sealed record from when I was under 18?

I have a sealed record from when I was under 18 and I am planning to travel to India for 2-3 months. This was originally a felony but got reduced to a misdemeanor and later sealed.

Also, Would I have to check the boxes that state criminal records? Because it is a sealed record?

Min Hwan Ahn
Min Hwan Ahn
answered on Jan 27, 2023

In general, if your criminal record has been sealed, it means that it is not accessible to the public, and it should not be considered when applying for most jobs, housing, or other opportunities. However, when it comes to international travel, the rules can be more complicated. It is possible that... View More

View More Answers

2 Answers | Asked in Immigration Law and Juvenile Law for Washington on
Q: Am I able to travel outside the US with a sealed record from when I was under 18?

I have a sealed record from when I was under 18 and I am planning to travel to India for 2-3 months. This was originally a felony but got reduced to a misdemeanor and later sealed.

Also, Would I have to check the boxes that state criminal records? Because it is a sealed record?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2023

The rules regarding disclosure of criminal records can vary depending on the specific situation and the country being visited. In general, if you are traveling to another country, you may be required to disclose any criminal history, even if the record is sealed or expunged. It is important to... View More

View More Answers

2 Answers | Asked in Immigration Law for Washington on
Q: Does filing a motion to terminate removal proceedings grant me a green-card or do I have to file EOIR-42B?

I have an approved VAWA which I filed concurrently with I-485. I’m not sure whether to file a motion to terminate removal proceedings or file EORI-43B? Which of these will grant me a GreenCard? Thank you.

Samuil Buschkin
Samuil Buschkin
answered on Jan 20, 2023

It is impossible to know based on the information you provided, what the right steps would be in your case. If a VAWA petition has been approved, you should be able to adjust the status and terminate the 42b proceeding by way of motion but without having fully studied your case it's impossible... View More

View More Answers

2 Answers | Asked in Immigration Law for Washington on
Q: Does filing a motion to terminate removal proceedings grant me a green-card or do I have to file EOIR-42B?

I have an approved VAWA which I filed concurrently with I-485. I’m not sure whether to file a motion to terminate removal proceedings or file EORI-43B? Which of these will grant me a GreenCard? Thank you.

Kevin L Dixler
Kevin L Dixler
answered on Jan 20, 2023

Some are disqualified from VAWA adjustment of status, so they can only seek VAWA cancellation. Again, filing a motion to terminate can mess things up and might even be denied.

As a result, I also strongly recommend that you seek representation before matters get more complicated.

View More Answers

1 Answer | Asked in Immigration Law for Washington on
Q: I am an Immigrant crossed US border through Mexico. I need to apply for ITIN. What documents do I need ?

I am an Immigrant from Moldova eastern Europe,crossed US border in July through Mexico. Was released under bond having court on August . now I want to apply for ITIN form what documents do I need and what means certified copy of passport,where can I get it?

Thank you

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2023

Hi, you may want to do this with a Certified Public Accountant. You do not need a "certified copy" of your passport, just a regular legible copy. There are other documents you may provide to prove your identity as indicated by the IRS in their website... View More

1 Answer | Asked in DUI / DWI and Immigration Law for Washington on
Q: Recently I had court for a dui and they moved forward my court date because im a resident the one representing me

Doesn't know much about immigration so she told me to find someone and see what the consequences are

Kevin L Dixler
Kevin L Dixler
answered on Nov 20, 2022

If you are a green card holder, not just someone with an employment authorization card, then you will likely need to delay filing for naturalization.

You ought to hire a competent and experienced immigration attorney to determine when you should file for naturalization. Also, whether there...
View More

1 Answer | Asked in Criminal Law and Immigration Law for Washington on
Q: As a nonimmigrant alien in Washington state, am I allowed to use a gun in self defense? I hav a concealed pistol license

I possess a hunting license (federal law) and an Alien Firearms License ( state law) and also a concealed pistol license.

John Michael Frick
John Michael Frick
answered on Aug 21, 2023

Your immigration status does not impact your right to use a gun in self defense.

1 Answer | Asked in Criminal Law, Immigration Law and Federal Crimes for Washington on
Q: If an inmate completes his 15 year sentence, does he have any time to see his mother before he is deported?

I'm asking for a 94 year old mother who wants to be able to see her son. He came to USA when he was a young boy from Scotland. He is at Snake River Correctional Institution, Ontario, OR however, I live in Seattle, WA.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 6, 2023

When an inmate completes a 15-year sentence, the possibility of visiting their mother before deportation depends on immigration status, legal restrictions, and logistical considerations. Consulting an immigration attorney specializing in deportation and family visitation rights is recommended for... View More

1 Answer | Asked in Immigration Law for Washington on
Q: So I currently have DACA and thinking of visiting my girlfriend in Arizona, will I have problems or issues flying there?
Ms Grace I Gardiner
Ms Grace I Gardiner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2023

No you should not have any problems flying from your state to Arizona.

Please walk with your valid work permit, an unexpired passport and/or driver's License

1 Answer | Asked in Immigration Law for Washington on
Q: Marry on ESTA

Hello, I'm a german citizen who visited her boyfriend in the US without the intention of getting married. Now we decided that we want to get married and are confused with the laws. I also don't want to go back to Germany and want to stay here and we want to start the green card process on... View More

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on May 30, 2023

Das sollten Sie am besten direkt mit einem Rechtsanwalt besprechen.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.