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Georgia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Georgia on
Q: USCI sent me wrong I797C for the EAD renewal (I-765). Is there any was to get a copy?

They sent me the biometrics letter instead of the Official Receipt notice of the EAD renewal (I-765). My employer requires the Receipt notice to corroborate the category filled is the same as the one in my EAD to grant an automatic extension of my current working permit. This information can not be... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Nov 13, 2018

It seems you’ve got the evidence it was filed and that it is in process. You can also go to uscis.gov and plug the receipt number into “check case status online” for further evidence. Without knowing if there is a reason why you specifically need to receipt notice, it sounds like you’ve got... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: My H1B visa expired on Sept 27. I have a I-130 approved and I-485 pending. Can I still stay in USA lawfully?

I went to my interview on Sept 25 and I updated my medical form on October 22. I-485 still pending.

Ms Grace I Gardiner
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answered on Nov 14, 2018

Yes you can since you are not supposed to leave the USA without permission while the applications are pending

3 Answers | Asked in Immigration Law for Georgia on
Q: is a US passport enough as proof of citizenship. My joint sponsor lost his naturalization certificate?

My joint sponsor became a citizen through naturalization. He is unable to find the certificate but does have a US passport. He is ex military. I don’t want my case to be denied. Is is ok to use his passport as proof of US citizenship?

Ms Grace I Gardiner
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answered on Nov 1, 2018

Yes your joint sponsor can use his us passport as proof of citizenship once it is not expired

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1 Answer | Asked in Immigration Law for Georgia on
Q: I am on F1 visa. I got married in 2018 & filed for AOS can I drop my F1 status after receiving work permit.

I am on F1 visa since 2012.

I got married to an American citizen in May 2018 & filed for Adjustment of status, currently its been 3 months I file concurrent filing and I am waiting for my work permit ( I-765) can I drop my F1 status after receiving my work permit, It is not possible... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Oct 16, 2018

We’d recommend keeping F-1 status until after you get residence, unless there is a compelling reason to do so, but it isn’t necessary.

1 Answer | Asked in Immigration Law for Georgia on
Q: Offense number 16-5-23-1

I have an offense numbered as 16-5-23-1

1) Does this make me deportable?

2) What is the difference between 16-5-23-1 and 16-5-23(a)(1) offens ?

3) I am on green card

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 17, 2018

It is impossible to say. It would be better if you explained what crime that number represents and whether or not you were convicted of it.

1 Answer | Asked in Immigration Law for Georgia on
Q: I want to sponsor my husband from another country but he is already in US through visit visa.

Hello, I am trying to sponsor my husband from another country. He is currently in US through visit visa. My question is, that am I still able to sponsor him while he is here? Or, he has to go back? Can he stay here until we get his interview notice and then go back for his interview? How long Is... View More

Safiya Webber Byars
Safiya Webber Byars
answered on Aug 18, 2018

Hello and thanks for your question. Generally United States citizen are able to sponsor their foreign national spouse for permanent residence, i.e "green card." Whether or not your husband will be able to attend his interview in the United States or return to his country is based on a... View More

2 Answers | Asked in Child Support, Family Law, Federal Crimes and Immigration Law for Georgia on
Q: My issue is my ex wife filed a child support order against me back in 2002 when was getting financial assistance

from me along with falsely stating that I owe over $23,000.00 in arrerage back in 2002 of which I am still paying currently now with the balance being a little over $16,000.00. Though I am done paying with my child support and my daughter is 20 yrs old, graduated H.S. not in college at this time,... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Aug 8, 2018

Sorry to hear about all of your troubles. You are still going to owe the arrearage. It's not going to go away. It can't. Talk to the local child support office about your employment. Make sure you send something every month towards the arrearage, even if you cannot pay the full... View More

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1 Answer | Asked in Immigration Law for Georgia on
Q: Uscis officer is requesting for my stepchildren's birth certificate in order to approve my citizenship.

my stepchildren were born and are living in a foreign country. I don't have access to their personal documents. what are my options?

Safiya Webber Byars
Safiya Webber Byars
answered on Aug 7, 2018

Hello and thank you for your question. Based on your question it is difficult to give you a beneficial answer without asking you some questions and getting the background on your case. At the very least it appears that you will need to provide the documents to Immigration that they requested or... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: i was brought to the us illegally by my parents when I was 3 now I’m 14.
Safiya Webber Byars
Safiya Webber Byars
answered on Jul 27, 2018

Hello and thank you for your question. Please contact an immigration attorney to discuss all of your options. Best of luck to you.

1 Answer | Asked in Immigration Law for Georgia on
Q: My husband and I are filing for his green card and we need to get fingerprinted for it do I go to my local police depart

Do I get fingerprinted at the local police department or uscis offices

Safiya Webber Byars
Safiya Webber Byars
answered on Jul 27, 2018

Hello and thank you for your question. If you are the United States citizen you do not need to get fingerprinted. Once you have filed your husband's case with Immigration he will receive his fingerprint appointment from Immigration and they will take his fingerprints. Based on your questions... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: I have been helping my pastor mentor at-risk youths for 2/12yrs as B2 visitor, can she file I-360 religious worker?

I have never stayed in the country for more than four months at a time. My sister has a place that I can stay and I will continue to assist my pastor as an unpaid volunteer. Would my sister's place be sufficient to show I would not become a public charge?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Jul 9, 2018

Public charge really isn’t really a hurdle to overcome for religious worker visas. The employer has to show that you will be appropriately compensated, and it is possible that your sister’s residence can be figured into that equation.

Be careful even volunteering on a B2 visa. That...
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1 Answer | Asked in Immigration Law for Georgia on
Q: I'm married to a foreign born spouse, her kids from another relationship live with us.

If I'm able to adopt and will they become US citizens?

Safiya Webber Byars
Safiya Webber Byars
answered on Jul 27, 2018

Hello and thank you for your question. It is impossible for me to give you a definite "Yes" answer to this question because I will need to know a lot more information from you. Immigration sometimes allow adopted parents to obtain immigration status for adopted (foreign born children) but... View More

2 Answers | Asked in Immigration Law for Georgia on
Q: F-1 to Green Card even after overstaying visa

I need some advice. I came to the US almost 4 years ago on an F1 visa. During my 1st year, I tried to transfer to a cheaper college which wouldn’t accept me without a transcript from my previous university , but the previous university said I couldn’t get a transcript without paying them off in... View More

Carl Shusterman
Carl Shusterman
answered on Jun 14, 2018

You may be able to immigrate to the US through your mother. However, as of August 9, 2018, you may start to incur unlawful presence. Schedule a consultation with an experienced immigration attorney.

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1 Answer | Asked in Immigration Law for Georgia on
Q: AOS for a spouse with an F1- EAD expiring in the Aug 2018

Hi,

I am a US citizen and have been married (April 2018) to a girl with an F1 visa whose EAD is expiring during August 2018. What are the possible ways of adjustment of status? Am I required to submit I -130, if so, what is estimated processing time for I-130 approval? If it isn’t... View More

Carl Shusterman
Carl Shusterman
answered on Jun 13, 2018

If you are a U.S. citizen wishing to sponsor your foreign-born husband or wife for a U.S. green card (lawful permanent residence), you will need to start the application process by filing a visa petition on Form I-130 (Petition for Alien Relative). You will mail this form (with accompanying... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: B2 visa extension for the second time in the same visit

My in-laws came to US on B2 Visa. We have filed for their extension for additional 6 months and that petition is still pending with USCIS. As they are elderly, they couldn't visit all places they want to visit and they would like extend the visa for 6 more months. My questions are

1)... View More

Carl Shusterman
Carl Shusterman
answered on Jun 7, 2018

1. Yes

2. Yes

3. No

4. Yes

5. Immediately

1 Answer | Asked in Immigration Law for Georgia on
Q: What is the fee of an attorney to file my change of status?
Carl Shusterman
Carl Shusterman
answered on Jun 7, 2018

First, it depends on the facts of your case. Second, we are not permit to quote fees online. Schedule a consultation with an experienced immigration attorney.

1 Answer | Asked in Immigration Law for Georgia on
Q: B2 visa extension for the second time in the same visit

My in-laws came to US on B2 Visa. We have filed for their extension for additional 6 months and that petition is still pending with USCIS. As they are elderly, they couldn't visit all places they want to visit and they would like extend the visa for 6 more months. My questions are

1)... View More

Carl Shusterman
Carl Shusterman
answered on Jun 7, 2018

1. Yes

2. Yes

3. No, but the odds of getting a 2nd extension are extremely low.

1 Answer | Asked in Immigration Law for Georgia on
Q: I filed i-30 for my unmarried son above 21 years. what if my son gets married?
Carl Shusterman
Carl Shusterman
answered on Jun 3, 2018

If you are a US citizen, he would move from the 1st to the 3rd family-based preference category, a much longer wait. If you are a green card holder, if he marries, he would lose his priority date.

1 Answer | Asked in Contracts and Immigration Law for Georgia on
Q: 2010 Georgia Code Title 13 - CONTRACTS Chapter 10 - CONTRACTS FOR PUBLIC WORKS E - 3. SECURITY AND IMMIGRATION COMPLI

I am placing a bid with a local City to replace the roof on their city hall. They require an affidavit requiring a verification of compliance with OCGA 13-10-91 and Ga Dept of Labor Rule 300-10-1-.02 and 300-10-1-.08. I am not sure my subcontractor can provide the same. Is there a way around the... View More

Carl Shusterman
Carl Shusterman
answered on May 31, 2018

I am not sure why your question is listed under immigration law. I will let an attorney in Georgia who is familiar with these rules answer your question.

1 Answer | Asked in Immigration Law for Georgia on
Q: Can my spouse apply for adjustment of status to legal permanent resident without 212(e) waiver?

My spouse was on a J-1 Visa subject to 212(e). He returned to the U.S. under an F-1 Visa without residing in his home country for two years. We got married this past December and are trying to apply for his green card; however, we are uncertain if he needs to apply for a 212(e) waiver.

Carl Shusterman
Carl Shusterman
answered on May 16, 2018

Yes, he needs to get a J waiver before he will be eligible for a green card.

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