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Questions Answered by Franchesco Donovan Fickey Martinez

2 Answers | Asked in Immigration Law for North Carolina on

Q: can a j2 visa holder here with his mom get married to a citizen?

he was arrested with minor charges a year ago but case was dismissed. he graduated high school with a 4.2 gpa. im planning on getting married next june and need to know if he will have to go back before we get married. and if he does will the record that got cleared still show up and affect his... Read more »

Franchesco Donovan Fickey Martinez answered on Sep 25, 2018

Hello Sir or Ma'am,

J1 and J2 Visa Holders may have the 2 Year Home Residency Requirement, that would prevent the ability to get a Green Card, unless the requirement/restriction is waived. The Visa Restriction should be looked into first, and if it exists on the J1/J2 Visa, this usually...
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1 Answer | Asked in Immigration Law for North Carolina on

Q: I live in North Carolina and wanted to know if my parents can become citizens of the US, if i am enlisted NationalGaurd

Franchesco Donovan Fickey Martinez answered on Jun 3, 2017

Hello Sir or Ma'am,

You would have to speak with an Immigration Attorney to fully assess your parent's options, whether immigration violations could cause some complications, and to determine whether there is a risk of deportation.

I do not know the status of your parents. If they...
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1 Answer | Asked in Immigration Law for North Carolina on

Q: my husbands mom is trying to get there citizenship but the lawyer said he needs our tax papers in order. Is this normal?

Franchesco Donovan Fickey Martinez answered on Apr 28, 2017

Hello Sir or Ma'am,

I do not know if "citizenship" means Naturalization or Lawful Permanent Residence. It is a common confusion in my office with prospective clients. So, I will provide an answer for both possibilities.

Tax Documents are normal requirements for Naturalization and...
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2 Answers | Asked in Immigration Law for North Carolina on

Q: Can I send two checks that add up to the same amount to USCIS if I didn't pay the right amount on one?

I didn't realize I didn't send the right amount on one of the money orders is there a way I can just send two money orders with the total amount adding ?

Franchesco Donovan Fickey Martinez answered on Jan 28, 2017

Hello Sir or Ma'am, If you paid the improper amount, USCIS will likely reject the filing and return everything to you in a couple months. Please note that USCIS fees increased December 23, 2016. Respectfully.

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1 Answer | Asked in Immigration Law for North Carolina on

Q: My fiance is from Sweden. We want to get married early in 2017 and live in USA. I already live here, with our daughter.

Which is the quickest way to get him here and be able to work ASAP? Fiance visa, go straight to a green card application, or something else?

How long does the process usually take to get a visa plus work permit, assuming we do everything we need to do immediately?

We'll definitely... Read more »

Franchesco Donovan Fickey Martinez answered on Nov 19, 2016

Hello, You have many different questions, but I will try my best. The two options you'd have is Fiance Visa and Consular Processing.

If you plan to marry in the U.S., the Fiance Visa is what you will need. Some think that entering with VWP/ESTA or entering with a B-2 Tourist Visa is a good...
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1 Answer | Asked in Immigration Law for North Carolina on

Q: My dad is a lawful permanent resident and my brother is a us citizen, which petition will work out for me?

I have DACA, which means I already have a social security number and work permit number, I am 31 years old and unmarried.

Franchesco Donovan Fickey Martinez answered on Nov 17, 2016

Hello, Both may petition for you. However, each will have your Green Card application fall under different categories. The category is important because it dictates how long you will have to wait for a Green Card to become available. You will have to review the DOS Visa Bulletin. The waiting period... Read more »

1 Answer | Asked in Immigration Law for North Carolina on

Q: If I divorce my husband would affect his permit in any way? Can he still renew it every year?

When I met my husband he was going through deportation. After talking to a lawyer he advised us if we were going to get married anyways to do it sooner than later. My husband was granted a permit to be here after the fact we were married. But now we're not sure if we get a divorce if it will affect... Read more »

Franchesco Donovan Fickey Martinez answered on Nov 14, 2016

If your husband has an attorney, it is best that you raise this concern with the attorney. Merely being in deportation does not give a permit. You need a basis for getting out of deportation and starting the path to lawful permanent residence (aka green card).

If the reason for the "Permit"...
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1 Answer | Asked in Immigration Law for North Carolina on

Q: Is it safe to travel on advance parole now that trump will be president?

Franchesco Donovan Fickey Martinez answered on Nov 10, 2016

Hello Sir or Ma'am, I rarely recommend leaving the U.S. when a filing is pending, assuming the Advance Parole is related to Adjustment of Status Green Card Processing. However, I 100% would not leave the U.S. on Advance Parole if it is related to a deferred action (DACA). Respectfully.

1 Answer | Asked in Immigration Law for North Carolina on

Q: i just got in the US 9 months ago, is it possible that the person who petitioned me can report me and send me back?

due to family problems.. i cant take my stepfather anymore.. im planning to leave his(stepfather) house .. and just worried about if he(stepdad) can report me and lie to the authorities and send me back where i came from..

Franchesco Donovan Fickey Martinez answered on Nov 10, 2016

Hello Sir or Ma'am, I am assuming you are a Green Card Holder (aka Lawful Permanent Resident) because you mentioned "petition." A family member, even someone who petitioned for you in the past, cannot take away your Lawful Status in the U.S. and force your return to your home country. A petitioner... Read more »

1 Answer | Asked in Immigration Law for North Carolina on

Q: Do I need to include volunteering work or just the paid jobs in g325a form?

Franchesco Donovan Fickey Martinez answered on Sep 15, 2016

Hello Sir or Ma'am,

The G-325A is for employment history. However, it is a good practice to cover the entire past 5 years. For instance, if you worked during some periods, were unemployed during others, attended school, or volunteered (e.g. internship), that should be provided. The...
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1 Answer | Asked in Immigration Law for North Carolina on

Q: I just moved to NC in mid-June, my residency ends in March 2017, so I need to file for citizenship by September 2016

I called the US citizenship and I was told I need to reside in NC for 90 days prior to filing citizenship, but by then, my 6 months prior to residency expiring deadline will be past due. what are my options ? Thanks

Franchesco Donovan Fickey Martinez answered on Sep 5, 2016

Hello Sir or Ma'am, Usually it is best to have a Green Card with 6+ months remaining before you file for citizenship. Some jurisdictions require this, while others may waive it. Naturalization is different from Applying for Lawful Permanent Residence. You should speak with an Immigration Attorney... Read more »

1 Answer | Asked in Immigration Law for North Carolina on

Q: How will my boyfriend from Manila be approved for a B-2 visa?I'm a green card holder and a high school student in the US

My boyfriend and I are planning for him to come here during their summer (April - June) because my 18th birthday is on April (important for Filipinos) and I'll be graduating on June. He will be staying with me and my family. I understand the steps and the process but during the interview, what... Read more »

Franchesco Donovan Fickey Martinez answered on Sep 3, 2016

The most important tip I can give is to be honest to the consular officer. Manila denies over 25% of Tourist (B-2) Visa Applications a year. Be clear that he is visiting a girlfriend and not a mere friend. This fact may lead to a denial, but if the officer arrives at this fact while questioning... Read more »

1 Answer | Asked in Immigration Law for North Carolina on

Q: Do i need a sponsor or can i sponsor myself ? I make $35,00 a year and have been under daca since 2012. household of 4

I have gone to mexico and came back with advance parole, married to a usa citizen shes a stay at home mom. have work legally since i received DACA 2012 and have done my taxes every year.

Franchesco Donovan Fickey Martinez answered on Sep 1, 2016

Hello Sir, Your wife will still need to sponsor you since she would be your petitioner in the I-130 form, but you can be included as the household member ("intended immigrant") in the I-864. This means that your income of $35,000 can be used to overcome the 2016 federal poverty guideline of $30,375... Read more »

1 Answer | Asked in Uncategorized, Estate Planning and Real Estate Law for North Carolina on

Q: My aunt power of attorney is telling me I can not move in to the house but the deed to the house is in my name.

What can I do bout the power of attorney telling me I can not move in to the house. The deed is in my name.

Franchesco Donovan Fickey Martinez answered on Jan 15, 2016

Hello Sir or Ma'am, A deed signifies legal ownership of property whereas a power of attorney is a legal instrument to allow another person to act in the place of someone else. Under the question you stated, your deed should mean that you own the home and have the power to move into the deeded home,... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on

Q: Can we be held to remaining rent payments if landlord puts house on market rather than trying to re-rent?

We moved 250 miles due to job relocation 6 months prior to lease end (2 year lease). Landlord is holding us to remaining rent payments. We don't like it, but we did sign the lease, and have resigned ourselves to living with the consequences.

I've read that landlord is legally obligated to... Read more »

Franchesco Donovan Fickey Martinez answered on Jan 13, 2016

Hello Sir or Ma'am, North Carolina law states that the landlord has a duty to mitigate his damages after a breach of a lease. The law does not force a landlord to rent to the next available tenant, or to rent at all. However, if the landlord wishes to enjoy the benefit of the breached lease and... Read more »

2 Answers | Asked in Immigration Law for North Carolina on

Q: I am discovering more and more each day that my husband may have only married me for a green card.

I have only been married 1 week. Each day I discover a different lady calling my husband really really late in the night. When they discover he is not married, they all say he only married me for a green card. I do not speak spanish. But I'm starting to believe them. What can I do?

Franchesco Donovan Fickey Martinez answered on Dec 21, 2015

The immigration process is not automatic. If your husband is seeking to apply for a green card based on marriage to a United States Citizen, then you (the U.S. Citizen) will have to perform certain tasks, such as filing an I-130 Petition and an I-864 Affidavit of Support. If you have already filed... Read more »

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