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Georgia Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Georgia on
Q: Can I apply for I-485 for my son while his I-130 is pending and he still has his B2 visa? he is currentl here in the US.
Stephen Arnold Black
Stephen Arnold Black
answered on Oct 21, 2024

If he fits the legal definition of your “immediate relative”, then yes. If he is subject to a preference category, and his priority date is not current, then the answer is no. You should consult with counsel for more specific advice.

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2 Answers | Asked in Immigration Law for Georgia on
Q: N-600 application

My mother got her citizenship through naturalization, and she got her citizenship when I was 15 years old and brought me here to the United States before I turned 18. and also she was not married to my father before and after I was born.

I am about to apply for N-600, but my mother... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 15, 2024

A lawful permanent resident (green card holder) child under the legal and physical custody of the parent who became a naturalized US citizen before the LPR child turned 18 may apply for derivative US citizenship by submitting a copy of the parent's naturalization certificate

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1 Answer | Asked in Immigration Law for Georgia on
Q: N-600 interview documents

N-600 interview, can I bring my parent's photocopy certificate of naturalization instead of the original because she doesn't want to provide her certificate. She only sent me a picture of it

James L. Arrasmith
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answered on Oct 10, 2024

For your N-600 interview, it's important to bring original documents or certified copies. USCIS typically requires these to verify the authenticity of the certificate of naturalization. A photocopy or a photo of the certificate may not be accepted and could delay your application process.... View More

2 Answers | Asked in Immigration Law for Georgia on
Q: What requirements can I provide to apply for N-600 without my parent's certificate?

Hi, I am 25 years old. I am a daughter of a US citizen mother through naturalization. I was born outside the United States. My mother brought me here when I was 15 years old and got my green card. Now that I am 25 years old, married to a military member, and have a 2-year-old son, I live far away... View More

Kevin L Dixler
Kevin L Dixler
answered on Oct 9, 2024

You will likely need the information from her certificate. Can she photocopy it for you? If not, then you can have trouble proving that you are a derivative citizen. Once she is gone, if the certificate is lost, you have little to no proof that you derived citizenship. Also, you may remain... View More

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2 Answers | Asked in Immigration Law and Gov & Administrative Law for Georgia on
Q: i have a friend that was detained by ICE for crossing the border illegally, he has been detained for over a month now.

what can we do to get him bailed out of detention so he can start his asylum process, he called me few weeks ago and i ask him if they are planning on releasing him anytime soon, he said he doesent know because since he was detained they just kept him there without asking him any questions i need... View More

Caridad Pastor
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Caridad Pastor
answered on Oct 1, 2024

You can ask ICE to release or file a bond motion depending on how your friend entered and if he was placed in proceedings. This is complicated and and the best chances of getting your friend release is with a lawyer. I strongly suggest to hire a lawyer.

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1 Answer | Asked in Immigration Law for Georgia on
Q: Will dismissed charges affect H1b renewal ?

My husband is on H1B. Recently, unknowingly he was driving over 120mph. He was charged with Evading from Police officer and wanton endangerment. He has a clean background.

Later evading was a misunderstanding from the police officer. Both the charges were dismissed. He was just given... View More

James L. Arrasmith
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answered on Sep 25, 2024

Dismissed charges typically do not impact an H1B renewal or stamping, especially if your husband has a clean record otherwise. Since the charges were dismissed and he only received a speeding ticket, it's unlikely this incident will raise concerns in his immigration process. U.S. Citizenship... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: I’m waiting for the K-1 Visa interview date. Might I be denied because I was legally here on ESTA for 255 days?

The time frame was when COVID started and I was in the USA; the airports closed, and I couldn’t get back to Italy. I requested 2 extensions and they were granted. Will this cause a denial to my K-1 Visa Petition?

James L. Arrasmith
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answered on Jul 22, 2024

Your K-1 Visa petition might not be denied solely because of your extended stay in the USA on an ESTA during the COVID-19 pandemic. Since you requested and were granted two extensions due to the exceptional circumstances of airport closures, this situation should be taken into account during your... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: I need to change my visa status from J-1 to B-2 as I was arrested for a DUI and kicked out from au pair program

I need to change my status from J-1 to B-2 as I was arrested for DUI. I’m at the end of my grace period of the J-1 visa and still have court dates coming up. I want to change the status since I don’t want to leave the country without resolving my case and leaving on a good standing. I can’t... View More

James L. Arrasmith
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answered on Jun 29, 2024

Here's an overview of the situation and some potential options to consider:

1. Visa status change:

Changing from a J-1 to B-2 visa is possible, but there are some challenges in your case:

- The DUI arrest may complicate the application process

- Being at the end...
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2 Answers | Asked in Immigration Law for Georgia on
Q: Can valid H4 Visa be used for reentry after using I485 EAD for Job in US?

I am on H1-B visa and my wife is on H4 Visa, stamped in our passport, validity till Jan 2026. We got our EAD/AP after our priority date became current. It retrogress before we could get green card. I am using my H1-B visa for my Job and My wife started working after getting EAD and using EAD(from... View More

Brian Chase Malone
Brian Chase Malone
answered on Jun 3, 2024

Hello,

1. If your wife travels outside the U.S., she can indeed use her H-4 visa for reentry, given that it is valid until 2026. The H-4 visa stamp in her passport allows her to travel and reenter the U.S. as long as the visa remains valid and her H-4 status is maintained, which is tied to...
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1 Answer | Asked in Immigration Law for Georgia on
Q: Do you need to show fixed assets for F2 visa interview for your spouse. Is it an absolute requirement?

Do you need to show fixed assets such as land or house in your home country as financial support and country ties for F2 visa interview for your spouse, or is it enough to just show adequate bank balance/bank statement as support for the financial expenses of your spouse?

And would it be a... View More

James L. Arrasmith
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answered on May 16, 2024

Demonstrating strong ties to your home country and sufficient financial support are important aspects of the F2 visa interview, but owning fixed assets such as land or a house is not an absolute requirement.

Financial support:

1. You should be able to show that you have adequate...
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1 Answer | Asked in Immigration Law, Native American Law and International Law for Georgia on
Q: If i visit Taiwan for a holiday can the US cancel my US C1/D Visa? Does USA allow people to visit Taiwan?

I want to visit Taiwan for a holiday and I'll be applying for a Taiwan TAC since I have a US C1/D Visa so I don't need a Visa to visit Taiwan.. but I'm just worried if my visit to Taiwan will cause any problem or if this might lead to my US visa being cancelled.. since i heard that... View More

James L. Arrasmith
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answered on May 10, 2024

The United States generally allows people to visit Taiwan without any consequences to their US visas. Taiwan is not on the list of countries that could potentially lead to issues with a US visa if visited.

The countries you might be referring to are those designated by the US as state...
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2 Answers | Asked in Immigration Law for Georgia on
Q: Hello, Can my F2 dependent spouse show her parents' bank statement for financial proof for her F2 visa interview?

My spouse's F2 visa interview is scheduled and she would like to show her parents's bank statement in her interview for financial proof, is it possible? and how much does she need to show?

Brian Chase Malone
Brian Chase Malone
answered on Apr 15, 2024

Good evening,

I hope you are doing well, and what an appropriate question to come across just moments following the close of “tax day” here in the U.S.

I'm glad you reached out with your question about the financial proof necessary for your wife's F-2 visa...
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1 Answer | Asked in Immigration Law for Georgia on
Q: I have been here for 5 years with green card what allow me to apply for citizenship

my question can I apply for citizenship if I have court date but the date for the court didn’t come yet because I transferred the ticket to another court because I don’t wanna get points on my license and the date of the court didn’t show up yet

, the traffic ticket hit and run but... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on your situation, here are a few key points to consider:

1. Continuous Residence: Generally, to apply for U.S. citizenship through naturalization, you must have been a permanent resident (green card holder) for at least 5 years and have maintained continuous residence in the U.S....
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1 Answer | Asked in Tax Law and Immigration Law for Georgia on
Q: Should I use the 1040 or the 1040NR?

What is the appropriate tax form to use when filing taxes as an applicant with an ongoing green card application? Should I use the 1040 or the 1040NR?

James L. Arrasmith
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answered on Mar 26, 2024

You should use the 1040 form if you are considered a resident alien for tax purposes. This generally applies if you meet the Substantial Presence Test, which involves being physically present in the U.S. for at least 31 days during the current year and 183 days during the three-year period that... View More

1 Answer | Asked in Employment Law, Immigration Law, Federal Crimes and Gov & Administrative Law for Georgia on
Q: I request your help in my query if I am eligible or not for the U visa and if yes what is the best way to proceed.

One of the lawyer here answered my question and asked to check U-Visa for my case i did some research but couldn’t find any good lawyer for my scenario-

I have a typical case with USCIS, They made a mistake on my document which caused me to struggle out of the country for more than a... View More

James L. Arrasmith
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answered on Mar 25, 2024

To determine your eligibility for the U visa, you need to understand that it's typically granted to victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. The... View More

1 Answer | Asked in Tax Law and Immigration Law for Georgia on
Q: Having petitioned for a green card, I was given a social security number. When filing my taxes, what form should I use?

Having petitioned for a green card, I was given a social security number. In order to file my taxes, what form should I use?

James L. Arrasmith
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answered on Mar 20, 2024

If you've received a social security number after petitioning for a green card, you'll generally file your taxes using the same forms as other residents or citizens, primarily using Form 1040, the U.S. Individual Income Tax Return. This form is utilized by U.S. taxpayers to file an annual... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: What are the consequences I might face if I don't attend Green card interview and how will it impact my husband’s GC?

I am on H4 now, my husband is on H1b( Indian born), he applied for GC in Eb2 category and his priority date is March 2022, the Green card application has been fast tracked as I am Malaysian born. The cross changeability has applied. I was not aware of the details of the green card process. And it... View More

James L. Arrasmith
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answered on Feb 21, 2024

If you do not attend the Green Card interview, it could have serious consequences for both you and your husband's immigration status. Failure to attend the interview may result in the denial of your Green Card application, as USCIS typically requires both spouses to be present to assess the... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: a K2 dependent still waiting I485, currently living with me the mother in US, wants to leave US for studies, is this ok?

We areK1 visa, and K2 dependent ( my son 17 years old) in US now but still waiting I 485 change of status, my son wants to leave US to continue studies in Europe. What should we do not to affect his change os status? Thank you!

James L. Arrasmith
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answered on Feb 5, 2024

Given your situation, it's essential to be cautious to ensure that your son's change of status is not affected. Leaving the U.S. while waiting for an I-485 adjustment of status can have implications.

First, consult with an immigration attorney to discuss your specific...
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1 Answer | Asked in Criminal Law, Immigration Law, Appeals / Appellate Law and Civil Rights for Georgia on
Q: I am trying to get information on how to obtain a discovery package.

The new lawyer can’t obtain it neither the defendant. We are trying to draft up a Habeas Corpus of ineffective council on a Capital Case. Can we subpoena it’s? Or what’s other steps can we take, also the habeas has to be filed by July of 24’ this year. This is a Malice case, that was... View More

James L. Arrasmith
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answered on Feb 4, 2024

In a capital case, obtaining the discovery package is crucial for preparing a habeas corpus petition alleging ineffective counsel. If the current attorney is unable to obtain the discovery through regular channels, there are several steps that can be taken.

Firstly, the attorney should...
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1 Answer | Asked in Immigration Law for Georgia on
Q: Status has been changed automatically from a resident permanent to a US citizenship ( f2a to Ir1) what to do for my son?

I introduced a petition for my wife and my 6 year old daughter to join me in the United States while I was still a permanent resident, after obtaining American citizenship I had not updated my petition

an interview date has been set up. Do I need a new petition for my daughter or not ?... View More

James L. Arrasmith
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answered on Feb 1, 2024

If your status has changed from a permanent resident to a U.S. citizen while your petition for your wife and 6-year-old daughter was pending, you generally do not need to file a new petition for your daughter. The change in your status from F2A (family-sponsored preference) to IR1 (immediate... View More

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