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Georgia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Georgia on
Q: My husband is here on his 2014 ESTA but wishes to stay longer than 90 days for the birth of our child. What do we do?

I am a US citizen. My husband received his ESTA in 2014 to visit me the first time. This trip was to visit for the holidays (after my return from over a year in his country);however, there have been concerns about my pregnancy, so I want to stay here closer to my family- at least until our child... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Dec 4, 2015

A lot depends on what your immigration status is, if you are a citizen or a permanent resident your husband will be able to apply for a green card and will be able to stay here. If you are not a citizen or a permanent resident, he does not have a lot of options..he can apply for an extension but... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: Family based GC for Adopted Son

My Mom and Dad ,adopted her sister's son in 1999 ,he was 8 or 9 old then.Due to sudden death of my father,he went back and stayed with his biological parents .My mom and myself moved to the US in 2002 ,She became a US citizen in 2013 and would like to sponsor a family based Green card for her... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Dec 3, 2015

This process is going to be long not because he is adopted but because he is 24. If he is married he is going to be even longer not to forget the country he is from, if he is from mexico, philippines, china it is going to be upto a decade. First start off by contact an immigration attorney to do a... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: I forgot to add an employer I worked for legally for two weeks on my Perm application, I'm applying for my AOS, Impact?

I worked for an employer for two weeks legally 14 years ago and forgot to include it on my PERM application, the labor cert passed and we are about to submit the AOS when I noticed I got a stamp for a TN-1 for that company on an old passport, should I add the employer to the AOS, will it mean... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Dec 3, 2015

You may be able to get away with this, you can go ahead and submit it as is now. If they need information about those two weeks you will be getting a RFE where they will ask you to provide the details about those two weeks. All the best.

15 years of successful immigration law experience....
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1 Answer | Asked in Immigration Law for Georgia on
Q: I am having process for i130 for my wife who is in Nepal now. I am in NVC case. My income is not capable to be a sponsor

I have a sponser for my wife who was single on 2014 tax return and income was $25,000. He has baby now from her girlfriend this year 2015. Can he sponser for my wife?

Shan Dimitris Potts
Shan Dimitris Potts
answered on Nov 16, 2015

It is hard to say but it depends on whether or not the baby and his girlfriend live with him at the moment. Contact an immigration attorney to help you with this process as it is a very important step in the AOS process. All the best.

15 years of successful immigration law experience. The...
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1 Answer | Asked in Immigration Law for Georgia on
Q: I am a F-1 Visa foreign student attending local private school in Atlanta and I am 18 years old.

Do I need a guardian?

Is the guardian required to live with me?

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Nov 14, 2015

why do you need a guardian?

1 Answer | Asked in Immigration Law for Georgia on
Q: my spouse recently arrived in United state and i am permanent residence so what i have to for next step.
Shan Dimitris Potts
Shan Dimitris Potts
answered on Nov 3, 2015

Okay if you are a permanent resident you can file AOS applications(I130,I485,I765,I864 etc) for your wife. Depending on which country you are from, this might take anywhere from a few months to 2 years, your wife will not be able to remain here legally or will not be able to work here legally... View More

2 Answers | Asked in Immigration Law for Georgia on
Q: I am here on a visa and i have my baby here would my baby be an american citizen,and would i have a problem going back?

When i came here on my visa i was 7 months pregnant and they told me i was allowed 9 mo ths to stay would i have problems going back with my baby??

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 2, 2015

Taking your baby back to your home country? Interesting question, actually. I suppose you could get a US passport for your baby (and possibly one from your home country, depending on the laws of your home country).

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1 Answer | Asked in Immigration Law for Georgia on
Q: Does traffic ticket driving without license, misdemeanor offense impact H1B immigration status ?

My friend got traffic ticket last week for driving without a license in georgia. He was detailed but release after three hours on cash bond. His H1B extension is filed by his employer two months back. Question is does he need to inform employer about his arrest and release, his traffic violation ?... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Oct 27, 2015

He does have to inform his employer and it may or may not impact his h1b processing. Since it has been pending for more than two months he may get away with it. But if USCIS finds out they will send an RFE to get more documents. This is a good time to get an immigration attorney to help your... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: Employment based green card and marriage based green card.

I have an approved i-129 petition, my H1b started on OCT 1, 2015. I will be going to visa stamping in the month of December, 2015. I came to do my masters from a US university in 2011 and graduated in 2013. I have been on F-1 visa. I have been working for my employer for the past 2 years. My... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Oct 21, 2015

There will be no conflicts as both of the applications will be handled separately, and without knowing which country you are from it is impossible to say whether marriage based green card will be faster or slower than the employment based. Contact an immigration attorney in private to find out. All... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: i know a person got her H1B work visa illegally, she paid a lawyer herself. I dont any prove, can i still report her?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 17, 2015

If you do not have any proof, which is what you appear to say, then what makes you think you can do anything?

1 Answer | Asked in Immigration Law for Georgia on
Q: A friend is marrying an illegal. Will she legally inherit what he owns etc. she is using him, we are trying to stop it
Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Oct 7, 2015

You should consult with an experienced family attorney licensed in your state subject to property inheritance. If you would deport her, seek advice from an experienced immigration attorney. Good luck. www.aba-us.com

1 Answer | Asked in Immigration Law for Georgia on
Q: regarding naturalization

i was born in 1988 in india and moved to United States in october 2010. i got my greencard at the same time. i live in georgia and i never registered for selective service as i was not aware it is required. i am ready to apply for citizenship. now my question is, as i have not registered for... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Oct 8, 2015

You are going to face a huge problem because of this, you are supposed to register when you are in the ages of 18 to 26. Looking at your year of birth it seems you are 27 now. You still have some options left, such was waiting until you turn 31 to naturalize or submitting a waiver. It is a... View More

2 Answers | Asked in Entertainment / Sports and Immigration Law for Georgia on
Q: Employer filed a petition with the USCIS for my O-1B visa. It was approved while in Canada - Unlawful Presence 3yr ban?

My employer did not file from my P1 to O1 in a timely manner, as soon as I found out that i was only in pending status I headed back to Canada. I received a 3 year ban for overstaying under 180 days. My O1 visa was approved while I'm in Canada and my employer sent me a copy of my approved... View More

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Sep 30, 2015

The stated facts create a complex case.

Seek opinions from an experienced immigration attorney. Good luck. www.aba-us.com

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1 Answer | Asked in Immigration Law for Georgia on
Q: 2nd entry on B1 visa? And for how long?

Our nanny traveled with us to help with medical appointments for our kids in the USA from Jan-Apr 2015 on a B1 visa. The visa was multiple entry and expires 10 Dec 2015. We are going back to USA on 9 Dec for more medical tests and want her to come along again. Can she enter USA on 9 Dec on same... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 29, 2015

There are very few immigration attorneys who regularly contribute answers to questions on this forum. Get in contact with an immigration attorney instead of expecting a solid answer to your questions.

1 Answer | Asked in Immigration Law for Georgia on
Q: 6-Month Wait for IMBRA conviction clarification?

My fiance tried to submit packet 3 for her K1 visa and she was given a message saying that her forms cannot be processed because our application has been sent to USCIS for clarification of IMBRA record. I called USCIS today and I was told that this would take an additional 6 months to process.... View More

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Sep 23, 2015

The stated facts create a complex case.

Seek opinions from an experienced immigration attorney. Good luck. www.aba-us.com

1 Answer | Asked in Immigration Law for Georgia on
Q: I have applied form I-130 for my spouse and i am Permanent residence but my case is transferred to local office.

My case I-130 was received on 12/15/2014 and after almost 9 months on 08/26/2015 my status changed and said my case is transferred to other USCIS center. After few days i got NOA2. It was said my My case has been transferred to California service center from Vermont service center and i again got... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Sep 14, 2015

The process is almost over, they might have sent it to the local office for some final verification. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is...
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1 Answer | Asked in Immigration Law for Georgia on
Q: If I marry a lady from Africa. We was married in Africa is it legal for her to live in the U.S.

what will we need to do for her to be legal here

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 12, 2015

Go see an immigration attorney about this.

1 Answer | Asked in Immigration Law for Georgia on
Q: Employer filed PW for h1b but they mismatched the description and job title mistakenly. what is the process time?

My Employer filed Prevailing wage for h1b but they mismatched the description and job title mistakenly. Now they decided to refile. Is the refile process takes same time or it can be processed earlier. My PI's project is out of time. Please suggest.

Shan Dimitris Potts
Shan Dimitris Potts
answered on Sep 16, 2015

It will most likely take the same time. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts...
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1 Answer | Asked in Immigration Law for Georgia on
Q: Does the fee waiver for naturalization cover the biometric fee as well as the form fee?

I just turned 18 a few days ago and is still in high school with no source of individual income.

Shan Dimitris Potts
Shan Dimitris Potts
answered on Sep 8, 2015

Yes, most of the time the applications and petitions cover the biometrics fee as well. To see if you can request fee waiver for any other forms check the following link. http://www.uscis.gov/sites/default/files/files/form/i-912instr.pdf. All the best.

15 years of successful immigration law...
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1 Answer | Asked in Immigration Law for Georgia on
Q: Hi, I am 22 and a US Citizen, my mother is a US resident.

Hi,

I am 22 and a US Citizen, my mother is a US resident. However my father is illegal and entered the country illegally. Can I petition for him? or possibly my mother?

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 23, 2015

You may be able to petition your mother and father both. Since your mother is already a US resident, it would not be a problem. But for your father, he needs to get some kind of travel authorization or waiver to go back to his country and enter legally so you can also petition for him. Contact an... View More

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