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Georgia Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Georgia on
Q: I'm going to marry my girlfriend who is an au pair. She's from Ecuador she's in her 1 year.

can we get married in this year or what happen if she extend for a second year and in the second year we get married and I'll apply for give her a temporally green card, which one is the best option?

how long takes the process?

what happen if she extend for a second year and... View More

Safiya Webber Byars
Safiya Webber Byars
answered on Oct 11, 2022

Congratulations on your decision to get married. Based on your initial questions your best option may be to get married and proceed with her adjustement of status petition in the United States. While her application is pending she will be eligible for a work permit. Transitioning from au pair... View More

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1 Answer | Asked in Immigration Law for Georgia on
Q: Will I have any issues at port of entry while returning back to USA with my 10yrs green card after my divorce?

I got my Permanent Green Card (10yrs) based on marriage. Unfortunately, I got divorced last year. Will that effect my Port of Entry while returning back to USA with my Green Card?

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 16, 2022

If you have a 10 your card and your returning to the United States with an unexpired card, then you should not have any problem at all. Now if you have any criminal convictions then that would be a problem.

1 Answer | Asked in Immigration Law for Georgia on
Q: I have an ATD Enrollment appointment. Should I apply for asylum (I-589) before the appointment?

I have not completed any documents and was released very quickly from a detention center. They said this appointment is to determine if I am eligible to apply for asylum but the document with the appointment does not specify this. The information on the document is very vague.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

You will benefit from immediately discussing your personal ability to seek asylum in the US with an experienced immigration attorney as that area of law is notoriously difficult for neophytes.

1 Answer | Asked in Immigration Law for Georgia on
Q: My Nigerian girlfriend and I have not met in person. Could we marry online and get a visa to honeymoon in the US?

I'm a US citizen, she's a Nigerian citizen

Dating 5 years online and considering an online marriage in Utah

We want to consummate our marriage and apply for a spousal visa

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 17, 2022

A fiancée visa cannot be issued unless you and your significant other have physically met in person and have proof of that meeting within two years of applying for the K visa. The US immigration laws only allow for marriage to be conducted remotely in very limited circumstances. You should retain... View More

1 Answer | Asked in Immigration Law and Domestic Violence for Georgia on
Q: Can you sign a voluntary dismissal with having a valid passport but expired visa

If so how long will that take?

Kevin L Dixler
Kevin L Dixler
answered on May 14, 2022

You can do whatever you want.

More information is needed if you are concerned with whether you will ever be approved for a visa in the future. Were/are you accused of a domestic violence? What are the facts? Did you go through any sort of court mandated classes? What is the maximum...
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1 Answer | Asked in Immigration Law for Georgia on
Q: What does pending adjudication means ?
Agnes Jury
Agnes Jury
answered on Mar 21, 2022

It means your case is being reviewed. Best wishes!

1 Answer | Asked in Domestic Violence, Family Law and Immigration Law for Georgia on
Q: I live in GA. My husband was previously arrested for domestic violence. If he brings his family to our home to visit..

They are from another country..they are abusive to me in front of my son and husband ..if I let my spouse know I am leaving with my son and take my son to my mothers home can I get a restraining order if he threatens me? What about a good behavior warrant in GA?

Homer P Jordan IV
Homer P Jordan IV
answered on Mar 29, 2022

At this point, you both have equal custody of the child. He can also take the child. You may want to consult with an attorney who can review the facts of your case in detail and provide you with guidance.

1 Answer | Asked in Immigration Law for Georgia on
Q: How do I prove legal and physical custody when applying for a passport using the derived citizenship?

I was born outside the U.S and became a citizen through the naturalization of my father in 2015. He got his citizenship before I turned 18. I'm currently 23. My parents aren't married but they've been together since I was born. I meet the derived citizenship test. I was planning to... View More

Agnes Jury
Agnes Jury
answered on Mar 14, 2022

If your parents were not married, you will need to show a court order acknowledging that your father is your biological father (known as "order of filiation") as well as an order that grants him legal and physical custody of you. It may be joint legal and physical custody with your mom... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: Can I file i-130 for my mother and her 2 under children under the age of 21. If I am a US citizen?
Agnes Jury
Agnes Jury
answered on Feb 24, 2022

You can if you are older than 21 years of age.

Here is some information on how to sponsor siblings: https://www.uscis.gov/family/family-of-us-citizens/bringing-siblings-to-live-in-the-united-states-as-permanent-residents

Here is some information on how to sponsor parents:...
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1 Answer | Asked in Immigration Law for Georgia on
Q: Will USCIS accept a letter for non-availability of birth certificate issued by the consulate in the U.S.?

This is in regards to requesting for evidence for form I-485

Agnes Jury
Agnes Jury
answered on Feb 23, 2022

Yes. But you must submit other acceptable evidence relating to the facts of your birth, such as church or school records, hospital or medical records, personal affidavits, or similar evidence. Best wishes!

1 Answer | Asked in Immigration Law for Georgia on
Q: What credentials does my fiance from Kenya Africa need to visit me,we are getting married in October.

We want to get married in October of 2022

Kevin L Dixler
Kevin L Dixler
answered on Feb 11, 2022

Likely, a fiancé visa, but that may prove unlikely. You can marry her in Kenya, but if you want to marry her in the U.S., then a K-1 fiancé petition and visa must be approved.

It can prove extremely difficult to seek a non-immigrant visa if the purpose is to get married. If a person,...
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1 Answer | Asked in Immigration Law for Georgia on
Q: I would like to petition for my mother to come to the U.S.

I am a naturalize citizen. I am on food stamp and medicaid and I am also going to college and receiving financial aid. Will any of those things be a problem for me? I know the USCIS website said the medicaid and food stamp won't but I'm not sure if the financial aid will be a problem. My... View More

Agnes Jury
Agnes Jury
answered on Jan 19, 2022

As long as your husband meets the income requirements for a joint sponsor then your situation will not negatively affect your petition for your mom. Best wishes!

2 Answers | Asked in Immigration Law for Georgia on
Q: Hello I (US citizen) am in the process of trying to marry my fiancé (Portuguese). He has had an altercation at the US

Border control and was received form I-877 upon being deported back in 2018. We originally thought we could do the K1 visa but now are wondering the next steps. Could you help clarify what we need to do?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 25, 2021

It depends on the foreign national developed derogatory history. The withdrawal from admission to the United States (I-877) must have other collateral grounds on inadmissibility that will directly affect any type of vida for that Portuguese national, possibly even rendering that person... View More

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3 Answers | Asked in Immigration Law for Georgia on
Q: I am a co-sponsor to my sister’s husban, can I still be a point of contact for a person that is seeking refuge status ?
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Oct 21, 2021

What do you mean when you say point of contact? A co-sponsor is agreeing to be financially responsible for the person here in America and your income and tax obligations affect that.

Best!

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1 Answer | Asked in Immigration Law for Georgia on
Q: I have a question on working door dash on H1b visa… is it ok?

And also if I have opened the Doordash account mistakenly and deactivated on the same day. Will it be in the records?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 21, 2021

If your extra work does not interfere with your H1B main duties you may derive additional income in your spare time.

4 Answers | Asked in Immigration Law for Georgia on
Q: my husband recently applied for citizenship. can i send my petition form now to be permanent resident ?

his application is still processing. do i wait till he becomes a citizen or can i go ahead and send in my petition form?

Kyndra L Mulder
Kyndra L Mulder
answered on Oct 19, 2021

You can not adjust status through him until he has attended a ceremony and is a USC. You may only adjust status through him - while he is an LPR - if you are here on a current visa and have no time wherein you were out of status.

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3 Answers | Asked in Immigration Law for Georgia on
Q: Filing form I-485 separately after I-130 was filed online.

I am a U.S. citizen applying for Green Card for my mother. She is currently on a B2 Visa admitted until 11/23/2021 per her I-94 record number. I filed I-130 online on July 27, 2021 and received confirmation of receipt from Potomac Service Center. They are currently processing June 04, 2020 I-130... View More

Agnes Jury
Agnes Jury
answered on Oct 18, 2021

Yes. You can file for Adjustment of Status while you are waiting for a decision on her I-130. Make sure to include a copy of the Notice of Action confirming receipt of the I-130 and a copy of the I-130 that was submitted. Best wishes!

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3 Answers | Asked in Immigration Law for Georgia on
Q: Can I travel with expired green card?

So my Green Card expired and the I-797 Notice Of Action ( Extra 18 Months ) has been expired also

My question is I have to travel outside the United States can I do that with my expired I-797 notice?

Thanks

Agnes Jury
Agnes Jury
answered on Oct 12, 2021

You should not travel with an expired green card without a valid extension. You can call USCIS and request an INFO Pass appointment to get a stamp in your passport that will extend the validity of your conditional card. If your case is taking longer than USCIS processing times (check here:... View More

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3 Answers | Asked in Immigration Law and International Law for Georgia on
Q: Can US citizens sponsor in-laws (ie mother & brother-in-law) for immigration if their spouse only has a green card?
Kevin L Dixler
Kevin L Dixler
answered on Oct 1, 2021

No, only the natural children, who are U.S. citizens, can petition their parents.

Assuming the petition of a parent can be approved by USCIS, the beneficiary can be barred from admission on an approved petition by the U.S. State Department or DHS, where their past or present conduct...
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3 Answers | Asked in Immigration Law and International Law for Georgia on
Q: For immigration, can a US citizen sponsor their aunt, uncle, and nephews if they are in danger in their home country?
Kevin L Dixler
Kevin L Dixler
answered on Oct 1, 2021

No, the process will not go fast enough. There are too many restrictions in place.

The family petitioning process will not work due to highly restricted visa numbers. The U.S. has imposed Title 42 to bar foreign applicants to asylum. The Courts are finding such bars without factual...
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