Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Shan Dimitris Potts
1 Answer | Asked in Immigration Law for Michigan on
Q: my fiance wants to file a fiance visa for me ??

PLEASE i want to know if theres any probem for me with my petition i was married twice before from american citizen person;i was married in good faith my both marriges end due to speciic reasons .now i meet a good man by chance he is american citizen as well he wants to file a fiance visa for me... Read more »

Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 11, 2016

Yes, you will most likely face some problems getting a fiance visa again considering both the previous marriages were to U.S. Citizens. Talk to an immigration attorney in private to find out what other options you might have in this situation.

All the best.

-Shan Potts...
Read more »

1 Answer | Asked in Immigration Law for Georgia on
Q: I came here on an F1 visa, graduated on June 17 and got married on July 8th.

Filing adjustment of status paperwork. What is my current UCIS status? What expiration date do I put on the form?

Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 11, 2016

You should check your I-94 to find out your expiration date for your current visit to the U.S.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law...
Read more »

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: my fiancé and I are going to be getting married at the end of the month. What are the first steps we should take after

My status is undocumented and has been so for the past 11 years. Is there a fine I will have to pay? How about immigration processing fees?

Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 11, 2016

What is your fiance's immigration status? if your fiance has a valid immigration status he/she might be able to help you obtain legal status in the U.S. When you say you are undocumented do you mean you entered without documents or you entered legally and overstayed? If you entered legally you will... Read more »

View More Answers

1 Answer | Asked in Immigration Law for Florida on
Q: Grandmother filled a green card application for my mother, will I be eligible for a green card also? ( I'm over 21 now)

My Grandmother is a u.s citizen she filed for my mother in 2010 (F1 family preference) my mother's petition was approved, I would like to know if me begin her son, if I would be a beneficiary for a Green card also, I am currently 25 years old and I am concerned about the age out factor, and if so... Read more »

Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 11, 2016

Unfortunately no, your mother can not add you as an dependent since you are already over 25.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law...
Read more »

1 Answer | Asked in Immigration Law on
Q: What is the best option for us to take for me a non-American marrying an American male?

He is located in Alabama and I'm in Jamaica. We would have known each other almost a year. I've spent a week with him in his country as i have my tourist visa. We initially planned to have me visiting when I'm on holidays (I'm a teacher) but there is only so many times they will allow you to travel... Read more »

Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 11, 2016

The best way to go would be to get a fiance visa, but it might be difficult since you both have known each other for only an year as you mentioned but with the help from the right attorney you might be able to get the visa and add your daughter as an dependant.

All the best.

-Shan...
Read more »

1 Answer | Asked in Immigration Law on
Q: Am I eligibility for the naturalization?

I got green card on April 25, 2014 because I got married with an US citizen.

I had my first traveling trip outside the USA from Sep 01, 2015 to Feb 01, 2016 (5 months). I will have another trip outside the USA from Sep 25, 2016 to Jan 25, 2017 (4 months).

So will I be eligibility... Read more »

Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 11, 2016

Hello yes you may will have to wait at least 3 months before applying for naturalization to avoid any problems. If you meet all the other requirements you would not have problems.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates -...
Read more »

1 Answer | Asked in Immigration Law and Adoption for California on
Q: I want to move back to the US as a high school student, but the school doesn't approve student visa what can I do?

I am 15 years old, & I lived in the US for 4 years with my dad's work visa, but he was sent to Japan to work there, so I had to move there with him. I loved the environment & my friends in the school I attended, so I want to live in the US and attend there again, but they don't approve any student... Read more »

Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 11, 2016

At 15 years old it is not easy to get a visa of your own to travel by yourself. The only option I see for you is becoming an exchange student if your school allows that program. Talk to your DSO and find out.

All the best.

-Shan Potts

Like our facebook page for regular...
Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Can some one be a sponsor or give the affidavit even he fill out taxes each year but didn't pay or made a payment plan?

I'm doing a petition for my husband he live in Dominican Republic, my brother is a truck driver, He is paid by check, have more than 10 years working in that company and dont have any depend, he also earn good money, he fill out every year his taxes but because he dont have any dependent the... Read more »

Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 11, 2016

Owing money to the IRS might not be an immigration problem but using that person as a sponsor might be a problem. You should try to find another co-sponsor.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates -...
Read more »

1 Answer | Asked in Immigration Law for New York on
Q: DO I need to leave the country before starting school?

From Switzerland, I came here 2 and and half month ago with an ESTA(tourist visa). I applied to school and got accepted. I am now in the USA.

Back in 2012, I got a student visa valid until 2017. My school is now doing my I 20. Once I get it, do I need to leave and re enter the country with... Read more »

Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 10, 2016

You should talk to your school DSO about this. In most situations a COS petition would be enough but it may be different in your situation. So get in touch with your school and get your questions answered.

All the best.

-Shan Potts

Like our facebook page for regular...
Read more »

1 Answer | Asked in Civil Rights and Immigration Law on
Q: I have a Thai friend who was born of a American father. He would like to know his citizenship?

1. he never have been notified the child birth aboard before.

2. father is still living in Thailand without any valid stay permit including his passport has been already expired quite a long time.

3. He has a few contact with his father, but he still can contact with his father.... Read more »

Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 10, 2016

If he has proof that he was born in the U.S. he might have a chance at getting citizenship but again it might take years for him to get approved. Talk to an immigration attorney in private to talk about this situation in more detail.

All the best.

-Shan Potts

Like our...
Read more »

1 Answer | Asked in Employment Law and Immigration Law for Minnesota on
Q: My green card is expired I wanted to get a job so I can renew it. I'm a permanent resident.

I'm a permanent resident and I wanted to work so I can renew my expired green card. I read somewhere I can just show my social security card and id. Can I get a job with one?

Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 10, 2016

It depends on where you want to work plus it is not advisable to work without a valid permit. If you do not have the financial ability to pay for your renewal you can request a waiver.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa...
Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: if I reside in the U.S, is it faster if my Sister petitions me? Or shall I wait until my mom can petition me instead?

I been in the U.S for 20 years, i currently hold DACA status. My mother is under a special protection. My sister just became Citizen and is planning on petitioning my mother and I. However, we are not sure if my sister should be petitioning me directly since we have heard it takes years... OR if we... Read more »

Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 10, 2016

If your sister petitions you it is true it takes years, if you wait until your mother can petition you it also can take years as you said you have already been in the U.S. for 20 years. I suggest you talk to an immigration attorney in private to find out if there are other options for that are... Read more »

1 Answer | Asked in Immigration Law for Nevada on
Q: My boyfriend lived in us from 2003 until 2011. He came with a visa and applied for another one in 2014 and he was denied

He extended his stay, he is in Argentina we want to get married what forms should we use to bring him back to the usa.

Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 10, 2016

What is your immigration status? If you are a U.S. citizen you can submit a fiance visa petition for your boyfriend. Talk to an immigration attorney in private to explore the other options.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa...
Read more »

1 Answer | Asked in Immigration Law for Kentucky on
Q: Non USA citizen parents give birth to a child in USA. Are they eligible to stay because of the child after visa expires?

Parents are legally on F1 or tourist visa. They get married and give birth to a child. Will they still be asked to leave country after visa expires or they are allowed to stay for the child?

Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 10, 2016

They will have to leave the country. The child can only help their parents' after turning 21. If the parents' country allows dual citizenship, it is in the best interest of the parents to register their child as a U.S. citizen and also get a U.S passport.

All the best.

-Shan Potts...
Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Hello, is it possible to be on a F1 and O1 visa at the same time? Charlyne
Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 10, 2016

Unfortunately no, you are allowed to have only one non-immigrant visa at a time.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The...
Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Can I be on a F1 Student visa and )1 artistic visa at the same time?

O1 visa typo

Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 10, 2016

You can only have one non-immigrant visa at a time.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in...
Read more »

1 Answer | Asked in Immigration Law for New York on
Q: I'm an American citizen living overseas married to a Canadian whose father is a US citizen who lived in Canada when my

wife was born. She was never registered as a US citizen. We want to move know to the states is there a way for her get a US passport and SS number now or does she have to come on a green card

Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 10, 2016

Yes you will be able to help your spouse become a U.S. Citizen but it take atleast 4 years. She will first become a permanent resident and then apply for citizenship 3 years later. Talk to an immigration attorney soon to get started with the procedure.

All the best.

-Shan Potts...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: Can I apply for multiple O-1 visas with different employers at the same time?

I am in the process of applying for the O-1 with an employer. However, I have another interested employer, can I apply the O-1 with the 2nd employer?

Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 10, 2016

You maybe able to apply for more than one non-immigrant employment visa.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above...
Read more »

1 Answer | Asked in Immigration Law for Iowa on
Q: Continued to previous Question.

The Question No 3) This is an extraordinary inquisition. I have heard that F-1 holders can be self-employed and can start their own business on OPT but the work should be related to a degree they have earned. My uncle has 5 Franchisee Food Business in the USA so what if I received Bachelor in... Read more »

Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 8, 2016

For investors visa you will have to invest atleast $500,000 in a U.S. company and have 10 full time employees. If your uncle will be selling the stores to you, you will have to provide proof that you have paid your uncle the money to buy those stores. In the U.S. everything is accounted for so you... Read more »

1 Answer | Asked in Immigration Law for Iowa on
Q: Continued to Previous Questions.

The Question No 2) After OPT period I planned to continue my education and joining four years US Institution and earned Bachelor Degree in DIFFERENT MAJOR WHICH IS BUSINESS ADMINISTRATION THAT IS NOT RELATED TO STEM. After that, I will again apply for OPT. So during that time can I eligible to... Read more »

Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 8, 2016

Although you may not get OPT for the second time but what kind of work you do during your OPT does not matter, you should only worry about it when you are applying for a work visa.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates -...
Read more »

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.