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Georgia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Georgia on
Q: My British hubby overstayed his visa and we left the USA 8 years ago. How do I find out if he can come back legally?

My hubby was married to a US citizen before me. He had applied for a green card, but by the time his interview rolled around they were getting a divorce. His application was denied and told he had to leave when his visa was up. Because they had a child together he overstayed his visa by 7 years. We... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Nov 9, 2017

You would file an immigrant visa petition on his behalf, and then he would apply for an immigrant visa. At the interview, he would be told that he is barred from returning to the US for a period of ten years since his last departure. This bar can be waived, however, based on hardship to you, his US... View More

4 Answers | Asked in Divorce and Immigration Law for Georgia on
Q: Want to file for divorce, both non us citizens. Husband here on work visa which includes wife and kids to be here too

have not lived in state of GA long enough to establish residency to file. where can we file? What happens to wife/kids if she is here on my work visa? I want them to be able to stay in US

Myron Morales
Myron Morales
answered on Nov 6, 2017

Once you divorce, your spouse will no longer qualify as a dependent. Your spouse will have to qualify for an immigration status on her own. Your children will remain your dependents.

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1 Answer | Asked in Immigration Law for Georgia on
Q: Please assist for an F2A petition.

Please assist for an F2A petition. I-130 was approved in Nov 2016. Priority date is Aug 2016. Beneficiary is in US on H1, peitioner spouse is a permanent resident.

Can an adjustment of status be applied at this time?

Karen Weinstock
Karen Weinstock
answered on Nov 15, 2017

We will be happy to help. Please call our office and we will get the process started. 770-913-0800

1 Answer | Asked in Immigration Law for Georgia on
Q: Hi I am a permanent resident (USA), I was arrested once (a year ago), I wasn't convicted but they keep stoping me airpor

I went to cuba about 2 months, and they stopped me again at the airport, I'm going again on november I just want to know if I will have any problem. I even have a letter from the court saying that my case was closed, and that I wasn't convicted.

Elizabeth Nicole Kozycki
Elizabeth Nicole Kozycki
answered on Nov 8, 2017

Unfortunately, it can take some time for the system to update, however, a year seems a bit excessive. For your upcoming trip, hopefully, the system has updated, in case it has not I would definitely carry the letter from the court with you. However, based on the information you provided I would not... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: Hi I am in Georgia my boyfriend is here He has herpes And I want to marry him will this interfere?
Myron Morales
Myron Morales
answered on Oct 24, 2017

This will be disclosed on his medical report, but it is not a ground of inadmissibility when a US citizen marries a non-citizen.

1 Answer | Asked in Immigration Law for Georgia on
Q: I have a question regarding EAD application

I graduated on August 4 and submitted recommendation for EAD on August 8 and submitted the Documents on September 8. EAD start date was October 2. I received denial on October 16. I haven't received the denial notice yet. I am guessing the denial reason was that I submitted the Documents one... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Oct 18, 2017

You can see if they will allow an appeal, but if not, you might have to refile.

1 Answer | Asked in Immigration Law for Georgia on
Q: I am currently employed as a teacher under a j1 visa (expiration Feb 2019) My current employer can't sponsor H1B.

I already had a couple of H1B visas, I left the US soil for 5 years on an unfinished one (exp. was 2012 I left in 2011). I came back in 2016 under a J1. My question is: Can I get an H1B sponsor somewhere else and will I be cap exempt? The employer I wanna get a sponsor from is my former employer a... View More

Myron Morales
Myron Morales
answered on Oct 15, 2017

You can look for and be sponsored for an H-1B elsewhere. Whether it will be a cap exempt will depend upon the employer and how well documented is its affiliation. You also need to consider whether you need a J-1 waiver.

1 Answer | Asked in Immigration Law for Georgia on
Q: My husband and I have been married for 2 months. He says he has to transfer his paperwork thru me or he'll be deported

What does this mean ? Is he trying to make me his sponsor?

Elizabeth Nicole Kozycki
Elizabeth Nicole Kozycki
answered on Nov 8, 2017

I don't know what he means by "transfer his paperwork thru". He would, however, need you to sponsor him if he was looking to apply for an Adjustment of Status. If you would like to discuss the implications of what sponsorship entails please let me know.

1 Answer | Asked in Immigration Law for Georgia on
Q: Can my kids father get deported we have 3 kids together and were gonna get married. What can i do?
Elizabeth Nicole Kozycki
Elizabeth Nicole Kozycki
answered on Nov 8, 2017

I would need to know a few more details in order to assist. Is he currently in removal proceedings?

1 Answer | Asked in Immigration Law for Georgia on
Q: If I get married after two years of a pending GC would I still be considered an immediate family member of my mother?

Hello,

my sister and I came to the US in 2009 as asylees through our father. He then became a US citizen. Two years ago our US citizen mother filed for my sister and I to adjust status and that’s still pending because we had to do a nunc pro tunc. Question is, my financee and I want to... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 29, 2017

Is your fiancé a U. S. citizen? If so, then he can file an immigrant visa petition for you and you can adjust status, so long as your entry was lawful.

Your situation is complicated. You need to consult with an attorney.

1 Answer | Asked in Immigration Law for Georgia on
Q: I am a green card holder , I recently got married . My wife is on a B1/B2 visa . how can I apply for her green card ?

I received my green card through EB5 Investor Program and at the time of application I was single . I got married thereafter and my wife is on B1/B2 visa right now . Please advise what is the best procedure to be followed for the application of my wife's visa .

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 25, 2017

Thank you for your question!

You can file an immigrant visa petition for your wife now, but it will likely take a couple of years before she can apply for an immigrant visa. She will need to return to her country of origin to attend a visa interview. If she has any unlawful presence, she...
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1 Answer | Asked in Criminal Law, Immigration Law and Civil Rights for Georgia on
Q: My brother was accused of theft by deception. company he worked for is suing him for $7250, will he have Any jail time?

He is 22 years old and is a recipient of DACA. Could he be deported because of this?

Robbie Levin
Robbie Levin
answered on Sep 7, 2017

If the company is suing him, it's a civil suit. In a civil suit the court can enter a judgment against him for money. It has nothing to do with jail.

If he is charged with the crime of theft by deception, he is facing up to 10 years in prison. He should hire a lawyer.

For...
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1 Answer | Asked in Immigration Law for Georgia on
Q: i want to marry my bf hes not legal. im a us citizen and he has a child from here. can this help him get papers?
Karen Weinstock
Karen Weinstock
answered on Nov 15, 2017

Potentially yes. There are some conditions to it. Please call us so we can evaluate your situation and see how we can assist. 770-913-0800

1 Answer | Asked in Immigration Law for Georgia on
Q: I was brought here legally since I was in middle school. Married my American husband since I was 20 years of age. Though

promise was made to sponsor my Green Card. It has not happen in the 10 years we were married and the three kids that I bore. We are still legally married but separated now. Do I have a legal standing to get my green card now?

Karen Weinstock
Karen Weinstock
answered on Nov 15, 2017

There is a chance that you may have a green card from when you came as a child.

1 Answer | Asked in Divorce and Immigration Law for Georgia on
Q: Currently separated after 10 years of marriage with 3 children. Have been in this country since High school.

Husband promised to file for a green card but never happen. Will I have issue getting a GC at this point?

Elizabeth Nicole Kozycki
Elizabeth Nicole Kozycki
answered on Nov 8, 2017

I know these are somewhat sensitive questions, however, it will come down to the details of the relationship. Have you filed for divorce, has the divorce been finalized?

1 Answer | Asked in Immigration Law for Georgia on
Q: Does my husband need to be living in the same state as me in order to seek an attorney for US residency?

I had already applied for his greencard, but the case is frozen at the moment because we don't know what to do since he recently came here illegally. Does he have to be here with me in Georgia and see an attorney to help us with his green card since I applied from here in Georgia??

Matthew J Hartnett
Matthew J Hartnett
answered on Jul 29, 2017

Unfortunately, more information is needed. I would at least consult with an attorney. If you don't live together, and you both live in the USA, you should be prepared to explain why you aren't living together.

1 Answer | Asked in Immigration Law for Georgia on
Q: Can I still help my parents be U.S. citizens if I'm married by court in Georgia?
Juan V. Cervantes
Juan V. Cervantes
answered on Jul 17, 2017

There is insufficient details to answer this question. Why don't you give me a call and I'll be able to better answer your question. (540) 684-6620

1 Answer | Asked in Immigration Law for Georgia on
Q: I have applied for change of status and got the reciept my i94 is expired can i apply for licence or renew my state Id
Roger Carl Algase
Roger Carl Algase
answered on Jul 16, 2017

It is best to wait until the change of status application is approved, at least in most states. You could check with your local state authorities about this, however.

1 Answer | Asked in Child Custody, Family Law and Immigration Law for Georgia on
Q: My ex-wife has custody and an expired green card. Should worry about her being deported?

My ex-wife lives in GA and has custody of my children. Her green card has expired and I'm pretty sure she hasn't renewed it. Is there a way to find out if she has with out directly asking her? Should I worry about her being deported? Does this effect the children? The children are born in... View More

Roger Carl Algase
Roger Carl Algase
answered on Jul 15, 2017

Why doesn't she simply file to renew her green card now? Better late than never!

1 Answer | Asked in Immigration Law and Traffic Tickets for Georgia on
Q: Georgia issues the driver's license to person whom waiting for the removal trial?
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2017

That looks more like a statement than a question. If a person is being removed, due to immigration status, that usually means that the state would not issue a license.

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