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Questions Answered by David N Soloway
1 Answer | Asked in Immigration Law for New Jersey on
Q: For lack of time, can I provide a single letter of affidavit of birth from my mother to prove place & date of birth?
David N Soloway
David N Soloway answered on May 18, 2015

The U.S. Department of State has identified which documents are acceptable as birth records, according to such things as the geographical location where a person was born and the date of birth. This takes into account that some nations or regions did not keep regular centralized birth records,... Read more »

1 Answer | Asked in Immigration Law for Ohio on
Q: Name change on green card help!!!

I got married to a U.S. citizen in my home country of El Salvador. I didn't get my name changed at the time, but want to now. I came to the U.S. a few months after getting married on a student visa. Due to complications with the school I planned to attend, along with my first baby on the way, I... Read more »

David N Soloway
David N Soloway answered on May 18, 2015

Congratulations upon being approved for Permanent Resident status. Generally, when a woman becomes married and desires to embrace her husband's last name as her own, the law will recognize that new name without any necessity for filing a marriage certificate or taking other steps to accomplish the... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Married to permanent resident! How long will it take generally for me to be granted with one as well?

I am currently on F1 status. I still have two more years till my visa expires. My fiance is a permanent resident and has been for over one year now. I am concerned how long will it take generally for me to get permanent residence status as well, if we are to get married legally now?

David N Soloway
David N Soloway answered on May 18, 2015

A Permanent Resident may marry someone who is in F1 student visa status and then petition for him/her in the Family-based Second Preference (F2A) visa category. Visas are now available in that category for people from most nations who have a Priority Date (application filing date) of September 1,... Read more »

1 Answer | Asked in Immigration Law for Minnesota on
Q: Green card expires and I have a felony

I caught a felony shortly after my green card expired what do I do

David N Soloway
David N Soloway answered on May 18, 2015

There really is no substitute for engaging an immigration attorney who, after learning all of the relevant information about your arrest/conviction will be able to advise about eligibilities, options and strategies.

In keeping with Justia policy, this communication is intended as general...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: My husband had a working visa before getting his green card through our marriage. Does he needs to change his passport?

Passport doesn't expire until 2017. But it has his expired visa in it. Does he need to get a new passport? Or can he travel with his current passport and his green card, and renew his passport after it expires?

David N Soloway
David N Soloway answered on May 18, 2015

Having an expired visa in one's passport is inconsequential when the person seeks to re-enter the U.S. with a valid passport and Alien Registration Card (a "Green Card").

In keeping with Justia policy, this communication is intended as general information and not legal advice, and it does...
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1 Answer | Asked in Immigration Law for Georgia on
Q: My husband is blind and we need help going back and forth running errands can we sponsor a relative to help.

we sponsor a relative to help us .

David N Soloway
David N Soloway answered on May 15, 2015

Various types of family-based visas exist, and eligibility for each is specified in the applicable statute and regulations. None of them, however, create special considerations for a relative whose help may be needed for the type of assistance mentioned in your question. It would be wise to... Read more »

1 Answer | Asked in Immigration Law for Georgia on
Q: Will My Stalking Conviction Prevent My Fiance From Obtaining K1 Visa?

Will My Stalking Conviction Prevent My Fiance From Obtaining K1 Visa?

I am a US citizen trying obtain a k1 visa for my foreign girlfriend of 2 years. I am worried this application will be rejected because I was convicted of misdemeanor stalking and 2 counts of trespassing 11 years ago. I... Read more »

David N Soloway
David N Soloway answered on May 15, 2015

In general, a U.S. citizen's criminal arrest/conviction history will not stand in the way of succeeding with a K-1 application for a fiancee. In some instances where the victim was a minor child, however, immigration authorities may bar a U.S. citizen from a family-based petition, but that bar may... Read more »

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