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Georgia Immigration Law Questions & Answers
2 Answers | Asked in Estate Planning, Family Law, Immigration Law and Wrongful Death for Georgia on
Q: Can my lawyer set up a bank account for my mother who is now passed and was an illegal alien? My lawyer can’t find a way

My brother passed years ago. My mom and stepdad filed a wrongful death lawsuit, but both passed before the case was won. The proceeds from the case were split in half. One half to the children of my stepdad, and the other half to the children of my mother. The children of my stepdad had no trouble... View More

Agnes Jury
Agnes Jury
answered on Jan 7, 2024

You may be able to apply for an Individal Taxpayer's Identification Number (ITIN) for your mom with which you should be able to open a bank account for her in the USA. If that doesn't work, you could try to start a probate case so the Court can determine that those funds do... View More

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2 Answers | Asked in Immigration Law for Georgia on
Q: What should I write in special selective service question on citizenship application?

I came after 25th birthday in USA and didn’t register for special selective services and I left USA after I got green card and visited every 11 months for couple of weeks and started living continuously since last 5 years so what should I write yes or no in special selective services question in... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 4, 2024

If you lived in the US between ages 18-26 (other than a lawful nonimmigrant) you should have registered with the selective service system. If you didn't register, explain why you failed to register or apply for N-400 afer the age of 31. I suggest you get assistance from an immigration attorney.

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1 Answer | Asked in Immigration Law for Georgia on
Q: Hi, my brother applied or F4 (Brother & Sister of US Citizens), I received intimation from NVC to deposit fee, COS and

to follow rest of the process. He refuses to go forward with the petition and don't want to deposit fee and sign COS. How can I proceed with my case ?.

thanks.

James L. Arrasmith
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answered on Jan 2, 2024

In the context of an F4 visa category (Brother & Sister of US Citizens), the involvement and cooperation of the beneficiary, in this case, your brother, is essential. If he refuses to move forward with the petition, there is no way for you to independently proceed with the case on his behalf.... View More

3 Answers | Asked in Immigration Law for Georgia on
Q: Can I leave country while citizen ship application is pending waiting for interview?
Ghenadie Rusu
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answered on Dec 30, 2023

As a current lawful permanent resident, you are generally allowed to travel outside the United States. However, the U.S. Citizenship and Immigration Services (USCIS) can schedule your naturalization interview at any time, and often with relatively short notice. If you are out of the country when... View More

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1 Answer | Asked in Immigration Law for Georgia on
Q: Is it possible for someone with a pending asylum case to bring their mom from Nigeria to the U.S.A?

What are the odds of her b1/b2 visa since the son also came on B1/B2 visa before filing asylum? The plan is for her to come and meet her grandchildren for the first time and help with the birth of a new one and not to stay permanently.

James L. Arrasmith
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answered on Oct 22, 2023

An individual with a pending asylum case does not have a direct means to sponsor or facilitate the visa application of a family member. Your mother would need to apply for the B1/B2 visa independently, based on her own qualifications and intentions. When assessing her visa application, consular... View More

2 Answers | Asked in Immigration Law for Georgia on
Q: Can someone who entered US with immigrant visa & has already paid the $220 green card processing fee leave US

Can someone who entered US with immigrant visa & has already paid the $220 green card processing fee leave US before receiving their green card in the mail? Because he is a student in the middle of the school term.

He is a student in the middle of the schools term. His mom will stay... View More

Kevin L Dixler
Kevin L Dixler
answered on Sep 18, 2023

No. If you leave too soon, you can abandon your lawful permanent resident status, especially, if you never get the card in the first place. It can take a while for the card to arrive.

You need to establish yourself as a lawful permanent resident by living and working in the United States,...
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2 Answers | Asked in Immigration Law for Georgia on
Q: We are in the process of getting a K1 fiancé visa. My fiancé is a German citizen and will move to the US in 2024 once on

We are in the process of getting a K1 fiancé visa. My fiancé is a German citizen and will move to the US in 2024 once the K1 Visa is approved. He currently work in Germany as a remote worker. My question is can he still work for his current company while living here in the US as a remote worker... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 28, 2023

He can apply for a work permit when he arrives in the US on K-1 visa. He can also apply for an EAD when he applies for AOS after you get married. I suggest you work with an immigration attorney to figure out the timing

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2 Answers | Asked in Immigration Law and Criminal Law for Georgia on
Q: Have a immigrate serving life but just got letter for deportation. Will he be deported?

He was found guilty of Malice, assault and felony murder. And charged with life with out parole under the state of Georgia judge. He is currently serving time and has been for over a few years now, but recently went in front of a immigration judge and has been ordered to be removed back to Jamaica... View More

Kevin L Dixler
Kevin L Dixler
answered on Aug 18, 2023

This seems like a complicated situation that must be described better before anyone can understand and answer.

First, how are you related to to the person with the immigration problem? Second, what, if anything, were they arrested and what exact offense(s) (law) were they arrested for,...
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1 Answer | Asked in Criminal Law and Immigration Law for Georgia on
Q: Would you mind helping me out back to USA? few months ago I called the respective offices said warrants were inactive

Could you please help me with the following information here, few months ago I called the respective offices from India, said they were inactive warrants, would you please help me how to process H1B.

I got deported on 30th May 2012, due to immigration law breaks as given, actually I was not... View More

Kevin L Dixler
Kevin L Dixler
answered on Aug 11, 2023

This is confusing, because you indicate that you pled guilty, so warrants are not the issue.

If you are inadmissible based upon a deportation order and/or the criminal convictions, then you must seek a waiver of inadmissibility if you may qualify for one. You may also need to file for...
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1 Answer | Asked in Immigration Law for Georgia on
Q: Can an Alien pending for asylum flight to another state inside the USA for a couple of day or weeks without any problem?
James L. Arrasmith
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answered on Jul 6, 2023

If an individual with pending asylum status wishes to travel to another state within the United States for a short period of time, it is generally allowed, but it's important to comply with conditions set by the Department of Homeland Security (DHS) and inform your asylum officer or legal... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: If my mother marries a citizen and gets residency, am I also able to get residency as a 22 year old?
Monica E Rottermann
Monica E Rottermann
answered on Jun 12, 2023

You would not qualify as a stepchild of your mother’s United States citizen spouse under the immigration laws so could not immigrate through them. To be treated as a stepchild for immigration purposes, the marriage between your mother and her USC spouse would have had to have occurred while you... View More

4 Answers | Asked in Divorce and Immigration Law for Georgia on
Q: Need Help

So here is the story:

I’m a U.S. citizen, and my wife is a Canadian and Green Card holder. I have two kids, both of whom are American-Canadian. However, my wife said she wanted to go to Canada to visit her parents, and she asked me to sign a travel consent form so she could travel with... View More

Regina Irene Edwards
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answered on Apr 14, 2023

You need to hire a divorce immediately and file for divorce. If they lived in Georgia the past 6 months, that is the home state and she could be ordered to bring them back.

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1 Answer | Asked in Immigration Law for Georgia on
Q: N400 Question

So here is my question:

I’m a U.S. citizen, and I married a Canadian wife, and we both lived in the U.S. for 5 years. I applied for the N400 for my wife 5 months ago, and the case is under review at the moment. However, we had some family problems, and my wife took the kids and escaped... View More

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Apr 14, 2023

If citizenship is based on 5 years in LPR status, then yes, the person obtains citizenship on their own, not based on a marriage from which they may have derived LPR status. It is always best practice to work directly with an immigration lawyer on any and all immigration-related matters.

1 Answer | Asked in Immigration Law for Georgia on
Q: I received this approval notice. Please help

The above petition has been approved. However, you did not indicate on the petition whether the beneficiary intends to apply for an immigrant visa abroad

at a U.S. Embassy or a U.S. Consulate or will apply for adjustment of status in the United States. Therefore, USCIS has retained the... View More

James L. Arrasmith
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answered on Feb 25, 2023

Based on the notice you received, it appears that USCIS has approved your petition but needs additional information in order to determine whether the beneficiary will apply for an immigrant visa abroad or for adjustment of status in the United States. The best next action would be to review the... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: I received this approval notice. Please help! What is the best next action?

The above petition has been approved. However, you did not indicate on the petition whether the beneficiary intends to apply for an immigrant visa abroad

at a U.S. Embassy or a U.S. Consulate or will apply for adjustment of status in the United States. Therefore, USCIS has retained the... View More

James L. Arrasmith
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answered on Feb 25, 2023

Based on the notice you received, it appears that USCIS has approved your petition but needs additional information in order to determine whether the beneficiary will apply for an immigrant visa abroad or for adjustment of status in the United States. The best next action would be to review the... View More

1 Answer | Asked in Immigration Law and Social Security for Georgia on
Q: My aunt, age 69, is GC holder, can she continue receiving SS retirement benefits if she moves to Guatemala permanently.?

She came to USA legally 44 years ago and has been receiving social security retirement benefits after reaching full retirement age. She always maintained her legal immigration status and is now permanent resident (Green Card holder) but has not become US citizen as she can't speak English. Now... View More

James L. Arrasmith
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answered on Feb 23, 2023

If your aunt is a lawful permanent resident (Green Card holder) who moves to Guatemala permanently and gives up her Green Card, she may still be able to receive her Social Security retirement benefits while living abroad, as long as she meets certain eligibility requirements.

To be eligible...
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1 Answer | Asked in Immigration Law and Social Security for Georgia on
Q: My grandpa from Guatemala is 70 years old, came and worked 45 years legally in USA. Can he claim SSI benefits without GC

He has always been legal on EAD document until 5 years ago he missed renewal of his EAD as well as an interview for the green card when he moved to a new address and hence he does not have any legal status right now except his green card application is freshly filed by one of his granddaughters who... View More

James L. Arrasmith
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answered on Feb 23, 2023

If your grandpa has worked in the United States and paid Social Security taxes, he may be eligible for Social Security retirement benefits, regardless of his current immigration status. However, to be eligible for retirement benefits, he must have earned 40 Social Security credits, which is... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: Do lawyers have reputations with U.S. consulates that directly or indirectly affect the outcome of a visa issuance?

I am considering hiring an attorney for a U.S. Visa case that is based in a certain country and claims to have worked with that country's embassy and consulates frequently. I cannot find them on the list the consulates provide of attorneys for US citizens. I'm highly curious about... View More

James L. Arrasmith
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answered on Feb 26, 2023

While there is no official policy or procedure that indicates that U.S. consulates have specific reputations for lawyers or law firms, it is possible that certain lawyers or law firms may have a better relationship with a particular consulate or embassy due to their experience and reputation for... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: I am a Russian citizen with green card. I’m being mobilized to Russian army. Will I be able to come back to the states?

I am a permanent resident of the US. Currently I am being mobilized to Russian army based on new mobilization laws. If I don’t go there, I’ll be facing 10 years in prison. All my family lives there and I visit them every year. If I don’t go to this mobilization, then I will never be able to... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 8, 2022

Your Lawful Permanent Status will be jeopardized if you will be absent for longer than 181 days from the United States. If you stay abroad for over one year in Russia your LPR status will deemed abandoned and you will be denied entry.

There is a legal caveat: if you are not served the draft...
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2 Answers | Asked in Employment Law and Immigration Law for Georgia on
Q: Changing jobs after green card based on employment received

I have got my employment based green card a month back however now my current employer isn’t focused on my promotion and compensation change. I have come across a great opportunity and want to switch jobs, wanted to know is there anyway current employer can cause issues with my green card for... View More

Adan Vega
Adan Vega
answered on Oct 14, 2022

Once your permanent resident status was approved by USCIS you are expected to work in the sponsored position for a reasonable period of time.

The law does not set a specific amount of time that you must remain with the sponsoring employer.

I highly recommend that you should visit...
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