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Georgia Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Georgia on
Q: Is it safer for my wife to attend an interview without FOIA records and an attorney, or risk consequences like her case being considered abandoned?

I am seeking legal guidance regarding an urgent asylum issue for my wife, who originally filed for asylum in 2011. After 13 years without any movement on her case, she suddenly received notice for an interview scheduled on May 7, 2025. We submitted a formal request for postponement, explaining that... View More

Hassan Hussein Elkhalil
Hassan Hussein Elkhalil
answered on Apr 29, 2025

Hello, If you do not receive a reschedule notice from the USCIS before the interview date, you should attend the interview. Considering the facts of your case, you should not attend the interview without an attorney. You will be better served if you consult with an attorney before your scheduled... View More

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2 Answers | Asked in Immigration Law and Civil Rights for Georgia on
Q: Concerned about marrying Japanese citizen amid immigration policies and unwarranted deportations.

As an American citizen planning to marry a Japanese citizen, I am concerned about immigration and potential unwarranted deportations or detentions happening under the current administration. We haven't started any immigration or visa application processes yet but have read multiple stories of... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 29, 2025

You definitely are watching too much television and the fear migraine that they espouse. Your Japanese fiancé would be considered in the immediate relative category. Immigrants in this category are treated like the gold standard and always will be. So you have nothing to worry about as long as... View More

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1 Answer | Asked in Immigration Law and Family Law for Georgia on
Q: Can my U.S. green card holder husband cancel my visa amid legal proceedings?

I am an Indian citizen currently living in India and am married to a U.S. green card holder. I am presently on a tourist visa, and I've also applied for a spousal visa. We are considering legal proceedings, and I am concerned about whether my husband can cancel my visa to prevent me from... View More

James L. Arrasmith
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answered on Apr 19, 2025

A green card holder spouse cannot unilaterally "cancel" a valid tourist visa that has already been issued to you. However, if your spouse is sponsoring your spousal visa (I-130 petition), they can withdraw that sponsorship before it is approved by submitting a signed, notarized letter to... View More

1 Answer | Asked in Divorce, Family Law and Immigration Law for Georgia on
Q: Legal options for undisclosed past marriage and lies in Georgia

I am married to a man in the US who did not disclose his previous marriage and children before we got married. I live in Malaysia, and I found out about his past after the marriage when someone told me. He claims it wasn't necessary to inform me about it. There have been several other lies as... View More

James L. Arrasmith
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answered on Apr 19, 2025

Your situation involving an undisclosed previous marriage involves serious legal implications under both Georgia and international law. In Georgia, fraud or concealment of important facts in a marriage may constitute grounds for either divorce or, in limited circumstances, annulment. When a spouse... View More

2 Answers | Asked in Adoption, Immigration Law and Family Law for Georgia on
Q: Passport office in DC won't accept Certificate of Foreign Birth as citizenship proof.

I received citizenship when I was adopted by a U.S. citizen and previously held a passport. I recently applied for a new passport at the US Department of State, but my application was returned due to a lack of citizenship proof. Although I submitted a Certificate of Foreign Birth, it was not... View More

Nahirobi Altagracia Peguero Luciano
Nahirobi Altagracia Peguero Luciano
answered on Apr 16, 2025

If you do not have your previous passport, you can submit your Certificate of Citizenship, issued by USCIS.

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2 Answers | Asked in Immigration Law for Georgia on
Q: How can I apply for an F2 visa to join my family in Georgia?

I am seeking to join my family in the US as soon as possible, as it has been over a year since I've seen them. My young daughter is in dire need of my presence and support, as she is starting school in a few months. My wife is currently in the US on an F1 visa and has completed only 7 months... View More

Kabiraj Timalsina
Kabiraj Timalsina
answered on Apr 11, 2025

Yes! you can apply for f2 visa and you can get your f2 visa.

Required Documents and process for F2 visa:

1. Separate I-20 for dependents.

2. Valid I-20 visa and passport of Primary applicant.

3. Valid student status of Primary applicant.

4. Proof of funding...
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1 Answer | Asked in Immigration Law for Georgia on
Q: How can I get a green card as an F-1 visa holder working as a security officer?

I'm currently in the U.S. on an F-1 visa and working as a security officer. I tried applying for a green card through an app, but it said I'm not eligible because I'm not a citizen. I haven't consulted my employer about sponsoring a green card because I'm unsure how to... View More

James L. Arrasmith
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answered on Mar 31, 2025

Obtaining permanent residency (green card) as an F-1 visa holder working as a security officer involves several possible pathways, though your current situation presents specific challenges. The application you attempted likely failed because green cards require specific eligibility... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: Can I apply for jobs after H1B ends while H4 EAD is pending?

I am currently on an H1B visa, but my project will end soon, and I plan to file for H4 and H4 EAD during the 60-day grace period. After this period ends, with my H4 and H4 EAD still pending, can I apply for jobs and attend interviews even though I can't work without an EAD or H1B?... View More

James L. Arrasmith
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answered on Mar 23, 2025

Yes, you can apply for jobs and attend interviews after your H1B grace period ends, even with your H4 and H4 EAD still pending. Attending interviews and searching for employment opportunities is not prohibited while you wait for your immigration paperwork to be processed. The key restriction is... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: E3 visa grace period and petition filing timing concerns.

I am on an E3 visa and lost my job on February 17th. Currently, I am within the 60-day grace period (ending April 17th). I've already used 30 days and have 30 more days left. I have some interviews lined up and hope to secure a job soon. If a prospective employer files my E3 petition on April... View More

James L. Arrasmith
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answered on Mar 16, 2025

If your new employer files the E3 petition by April 14th, you are still considered within your 60-day grace period, as USCIS typically recognizes the petition's filing date, not the receipt date, as relevant for maintaining lawful status. It is crucial, however, that your petition is properly... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: Options for maintaining legal status after losing job on E3 visa in US?

I am an Australian citizen currently on an E3 visa in the U.S., and my spouse, who is an Indian passport holder, is on an H1B visa valid until 2026. I recently lost my job and have 45 days left in the 60-day grace period to find new employment and file a work petition. Given the current job market,... View More

James L. Arrasmith
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answered on Mar 9, 2025

Given your situation, applying for an H4 dependent visa through your spouse's H1B status is likely your best immediate option. You can initiate this change of status within the U.S. before your 60-day grace period ends, which would allow you to remain legally without leaving the country.... View More

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Georgia on
Q: How to maintain domicile in Georgia while living abroad?

I am planning to live abroad in Thailand for 2-6 years and want to understand how to maintain my domicile in Georgia. I currently have no property or business in Georgia, but I am registered to vote in Richmond County and have held a Georgia driver's license since November 2021. Additionally,... View More

James L. Arrasmith
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answered on Mar 9, 2025

Maintaining your domicile in Georgia while living abroad involves demonstrating your ongoing ties and intention to return. First, keep your Georgia driver’s license current by renewing it whenever necessary, using your Richmond County address, possibly through a friend or family member who can... View More

1 Answer | Asked in Gov & Administrative Law, Immigration Law and Civil Rights for Georgia on
Q: Can I use a body cam in a Georgia Walmart for safety and documentation?

I'm a veteran of the fire department, 100% VA, and have six years of 911 college experience. I had several conflicting encounters with a Walmart manager in Georgia, who dismissed my professional observation during one incident when I encouraged an employee to get medical help for a co-worker... View More

James L. Arrasmith
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answered on Feb 24, 2025

Using a body cam in a Georgia Walmart involves navigating both state law and store policies. Georgia follows one-party consent for audio recording, allowing you to record conversations you're part of, but video recording in a private business is more nuanced. Walmart, as a private... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: Should I answer 'yes' to US visa cancellation question for C/D visa after I-20 termination?

After entering the U.S. with an F-1 visa, I had an urgent situation and returned to Korea after just one week. My school informed me that my I-20 was terminated because I was unable to enroll. I have not received any official notification from the U.S. government about my F-1 visa being canceled or... View More

James L. Arrasmith
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answered on Feb 17, 2025

Based on the information you've provided, you should answer "no" to the visa cancellation/revocation question. The termination of your I-20 is separate from your F-1 visa status - they are two different documents with different purposes. Your I-20 termination was an administrative... View More

1 Answer | Asked in Social Security and Immigration Law for Georgia on
Q: Can my grandpa file for retirement benefits before leaving USA and receive them in Guatemala?

My grandpa is originally from Guatemala and worked in the USA on a visa for 41 years, contributing to Social Security. He has reached the retirement age according to a letter from the Social Security office and won't receive more benefits by waiting. Currently, his visa has expired, and his... View More

James L. Arrasmith
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answered on Feb 16, 2025

Your grandfather can file for Social Security retirement benefits while still in the USA, even with an expired visa. This is because his eligibility is based on his 41 years of work history and Social Security contributions, not his current immigration status. The application process should begin... View More

1 Answer | Asked in Immigration Law and Tax Law for Georgia on
Q: Is there anything that stops a person from receiving hgtv dream Home sweepstakes prize on f1visa?
James L. Arrasmith
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answered on Feb 15, 2025

Being on an F1 visa could potentially affect your eligibility for the HGTV Dream Home Sweepstakes. The official rules typically require winners to be legal U.S. residents, and F1 visa holders are considered non-immigrant temporary residents.

The tax implications are another important...
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1 Answer | Asked in Immigration Law for Georgia on
Q: If you file for F1 reinstatement 5mos, 3 days late, do you have to give reason for late filing. Or there's some lenienc
James L. Arrasmith
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answered on Feb 15, 2025

You must provide a detailed explanation for filing your F1 reinstatement late. The U.S. Citizenship and Immigration Services (USCIS) requires you to submit compelling reasons for the delay, along with supporting documentation that proves these circumstances were beyond your control.

Your...
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1 Answer | Asked in Immigration Law for Georgia on
Q: Hello I am wondering if it is legal for me having an R2 visa and selling items online.
James L. Arrasmith
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answered on Jan 23, 2025

If you are in the United States on an R-2 visa, it is important to understand the work restrictions that come with your visa status. The R-2 visa is typically issued to dependents of R-1 religious workers and does not permit the holder to engage in employment. Selling items online may be considered... View More

1 Answer | Asked in Family Law and Immigration Law for Georgia on
Q: So basically.. i am unsure about how some marriage laws work when marrying a foreign person.

I am a Latvian living in Latvia and i was wondering.. if i were to marry a Colombian who has recently become a resident in Spain, would that give me a resident status as well?? We would live in Spain.

James L. Arrasmith
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answered on Jan 22, 2025

Let me help you understand the marriage and residency situation in Spain. International marriages can be complex, but I'll explain the key points that matter for your case.

When you marry someone who has legal residency in Spain, this doesn't automatically grant you Spanish...
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2 Answers | Asked in Estate Planning, Immigration Law and Tax Law for Georgia on
Q: How can undocumented immigrants go about protecting their assets in the US in the case that they are deported?

In the case that an undocumented immigrant is deported but they have assets in the states such as real estate, bank accounts, vehicles, etc. what actions can be taken to protect those assets?

Anthony M. Avery
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answered on Dec 17, 2024

They may want to sell the properties now and deposit the proceeds in offshore bank accounts. The immediate tax consequences will be significant, but better than losing property that you cannot come back to. Setting up a trust will require some very good trustees, but you will not be able to do... View More

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1 Answer | Asked in Immigration Law and Gov & Administrative Law for Georgia on
Q: My green card, license and passport expired but I don’t physically have them to turn in. How do I renew my green card?
James L. Arrasmith
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answered on Dec 15, 2024

Let me help you understand the green card renewal process without having your old documents.

First, you'll need to file Form I-90 (Application to Replace Permanent Resident Card) with USCIS. You can submit this form online through the USCIS website or by mail, and you'll need to...
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