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Georgia Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Georgia on
Q: My husband was told he can not apply for the green card because he crossed the boarder twice is this correct?

I am a US citizen my husband has no record. He has a workers permit but he was told he would get the 10 year penalty if he chose to file for a green card because he crossed the boarder twice. For the past 7 year he has been filing only a workers permit due to being worried he will be deported for... View More

Hector E. Quiroga
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Hector E. Quiroga
answered on May 15, 2018

It probably isn’t a question of how many times your husband crossed the border but rather how much time he was in the US without permission.

Anyone who is in the US for more than a year without permission, leaves, and then reenters without permission, is permanently barred. If he crossed...
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2 Answers | Asked in Immigration Law for Georgia on
Q: Hello, My mom got married to a US citizen (an army retiree) he intends to apply for a green card for her and myself.

The issue is I turn 21 on the 19th of May, however he intends to file for the green card before then. I was wondering under what category would I fall in. And how long would it take for me to get a green card. Will he be able to file for me at all?

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

Unless he married your mother before your 18th birthday, he cannot sponsor you for a green card. However, once your mother becomes a permanent resident, she will be able to sponsor you for a green card.

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1 Answer | Asked in Immigration Law for Georgia on
Q: GOOD MORNING SIR. SINCE DRIVERS LICENSE IS A PRIVILEGE THEN WHAT IS THE EXACT LAW REQUIRING A LICENSE ?

THE SUPREME COURT USES BLACKS LAW DICTIONARY QUOTES IF YOU ARE NOT TRANSPORTING COMMERCIAL GOODS THEN YOU ARE REQUIRED TO BE LICENSED. THAT'S WHY I ASK ABOUT THE SUPPOSED LAW

Carl Shusterman
Carl Shusterman
answered on May 11, 2018

Every state has its own laws regarding drivers licenses.

2 Answers | Asked in Immigration Law for Georgia on
Q: K-1 or I -130

My fiancé is from Brazil and I from the states. We were planning to apply for the fiancé visa to start the process of having him move here, but I just heard about the I-130 form. He will be visiting on a tourist visa soon, so if we signed marriage papers then and he then went back to Brasil,... View More

Carl Shusterman
Carl Shusterman
answered on Apr 9, 2018

If you get married and then filed an I-130, you would not have to go through the (1) fiancee visa process and (2) then the marriage green card process. Please see https://www.shusterman.com/greencardsthroughmarriage/

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1 Answer | Asked in Immigration Law for Georgia on
Q: My I-140 was approved under EB-3. What documentation can I ask from my employer? I only received an I797

I am planning to change employer after the 180 day waiting period and the new employer will file an H1B extension and another petition under EB 2

Carl Shusterman
Carl Shusterman
answered on May 8, 2018

Your employer may not agree to share these documents with you. However, you can use the Freedom of Information Act to get a copy of your file from the USCIS.

2 Answers | Asked in Divorce and Immigration Law for Georgia on
Q: My husband was previously divorced and we want to know if this will affect our case.

My husband was previously married with an I 485 application pending, but canceled it after divorce. We sent in a new application with our marriage at the end of August. We are now wondering if this current application we have pending will affect if ours gets approved due to the divorce being fairly... View More

Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2018

This is an immigration law question. You may want to post in that area.

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1 Answer | Asked in Immigration Law for Georgia on
Q: my ex wife got married a u.s citizen 4 years ago now thay got divorce and we r married again cause we have a daughter .

now we got married again . can she file i 130/485 for me

Karen Weinstock
Karen Weinstock
answered on Mar 5, 2018

As long as she is divorced from her previous husband, yes. There is no reason why she would not be able to file it.

1 Answer | Asked in Immigration Law for Georgia on
Q: 17 years old, a legal resident and my mother just got citizenship, i dropped out if HS can i still get citizenship?

I dropped put of highschool due to mental health issues last year, i attended half of Junior year in a psychiatric hospital. My grades have always been high, my mother is trying to help me become a citizen before i turn 18 but a sheet the lawyers gave her said that she needed to show them my school... View More

Hector E. Quiroga
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Hector E. Quiroga
answered on Feb 27, 2018

You are likely already a citizen through your mother.

1 Answer | Asked in Immigration Law for Georgia on
Q: I want to marry my boyfriend but he's coming on a tourist visa. How did we prove that we have a legitimate relationship?

How do we prove that our relationship is real? He has been denied a visa 3 times. I also visited him in his home country before.

Hector E. Quiroga
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Hector E. Quiroga
answered on Feb 25, 2018

If you are trying to bring your boyfriend here for the express purpose of marrying him, his visa will never be approved; in fact, it is the exact opposite of what he wants to show. A tourist visa is for temporary visits to the US, and one of the requirements to get one is evidence that the... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: What is the best process to follow after I130 petition approval?

I filed an I130 petition on behalf of my wife, who is now in the States with me, having entered legally on a B1/B2 visa. Is there a significant time or cost difference between completing an I485 and getting her visa here, as opposed to having her return to Mexico to obtain her visa at the embassy?... View More

Hector E. Quiroga
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Hector E. Quiroga
answered on Feb 20, 2018

The cost to adjust status is about $1225, while the immigrant visa process is $665. There are some strategic issues regarding your wife’s entry and what she told customs officials. You might want to discuss that part of the process with an immigration attorney to see if there are any issues.

1 Answer | Asked in Immigration Law for Georgia on
Q: I'm a LPR can I apply for my citizenship if I have stayed aboard longer then 6 months?

(The 6 months have not been continusously they have been spread out in the last 5 years)

Karen Weinstock
Karen Weinstock
answered on Mar 5, 2018

If you have been abroad for 6 months continuously, this is something that would hurt your citizenship application. In the instance that you have a good reason to have been abroad for such a long time and can justify it, you still may be able to apply and successfully get your citizenship. You... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: Is birth tourism legal? My wife and I want to have our baby in the US.
Karen Weinstock
Karen Weinstock
answered on Mar 5, 2018

If what you mean is if you will become a US citizen/legal permanent resident by having a child in the United States, the answer is no. Your child can have US citizenship but you don't automatically get it. Also, take into account the costs of health care if you are considering it.

2 Answers | Asked in Divorce and Immigration Law for Georgia on
Q: I married a Colombian, I petitioned him, we have 3 children, he has permanent resident card and we are now separated

I found out through Facebook that he is back with his ex. He lied to me to get residency of US. I need to get divorced, but also can I report him to ICE

Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2018

I think it is a terrible idea to report the father of your children to ICE simply because he has gotten back together with his ex. That will damage them in the long run.

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1 Answer | Asked in Immigration Law for Georgia on
Q: I am citizen. Can I petition my sister, who is tps holder, through Adjustment of Status? Not consular processing.

She last entered on November 2017 with advanced parole

Kevin L Dixler
Kevin L Dixler
answered on Jan 10, 2018

More information is needed, but it is ‘highly unlikely’ that she can ‘adjust status’ at this time. You can petition her. However, she will have to wait outside the U. S. for the quotas, because visas for siblings are unavailable for decades for some nations.

She cannot wait in...
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1 Answer | Asked in Immigration Law for Georgia on
Q: My H1 B extension has been denied. What are my options, given I have a 2-month (baby born here).

My H1 B extension has been denied. I still have work time until Feb 2019 for my6 year H1B.I am from I just delivered my baby in oct here and going back to India again would need visa for him without which he cannot leave the country.What are my options now?

Roger Carl Algase
Roger Carl Algase
answered on Jan 9, 2018

The most important action you can take is to consult with an experienced H-1B lawyer and find out whether there was a good reason to deny the H-1B petition. Many denials, like RFE's, are nothing more than mistakes due to careless reading of the documents or lack of knowledge of the H-1B rules... View More

1 Answer | Asked in Adoption and Immigration Law for Georgia on
Q: We are US citizens, Can I adopt my granddaughter (age 10, on H4 Visa)?

We are in our late 50s with 1 earner. Will that cause issues with adoption process?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Jan 4, 2018

From an immigration law perspective, the income facts that you’ve presented should not be impacted either way by the adoption; you will need to show the financial ability no matter how many earners. There might be state adoption requirements you might want to explore.

1 Answer | Asked in Immigration Law for Georgia on
Q: I was wondering if it is possible to immigrate to the US with a felony criminal record and steps to move forward

The felony charges do include drugs.

Karen Weinstock
Karen Weinstock
answered on Mar 5, 2018

It will depend on the charges, but potentially a felony will be a big obstacle. You should consult with an experienced immigration attorney who can look into your charges and confirm if you can come to the US. Also there is the fact that you will need a sponsor if you are thinking about coming to... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: How can I get a friend here longer than the tourist visa? Possibly work here and eventually get citizenship.

Immigration visa? Green card? She has teaching degree and clean record.

Edit Stelczner
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Edit Stelczner
answered on Dec 27, 2017

She will need to consult with an immigration attorney and provide a lot more information to see if she qualifies for any specific visa.

1 Answer | Asked in Immigration Law for Georgia on
Q: I'm a refugee in Georgia. I have a social security card but no passport. Can I visit Malaysia with the social security
Karen Weinstock
Karen Weinstock
answered on Mar 5, 2018

No, you cannot. In order to be able to travel internationally, you need a valid passport. You should be able to get one in the US embassy of the country where you are originally from.

1 Answer | Asked in Immigration Law for Georgia on
Q: Invitation for Parents to visit in US

I am currently on L1 visa in US. Visa and I 94 valid till March 2019. I had lost my passport with stamped visa, last year. I now have a new passport issued. Can I issue invite letter for my Parents for visiting in US. Have all other documents from time of Visa (I797, I129S etc.)... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Nov 13, 2017

Your in-laws come, invitation or not. While it is nice to submit an official invite that they can take with them to the interview, he biggest challenge for them will be showing that they have sufficient connections to their country of origin—family, assets, employment, school, that sort of thing.

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