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North Carolina Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for North Carolina on
Q: If my green card expired two years ago, must I start a new green card application altogether?

My green card is expired and I have been living outside of the USA for more than two years (in the UK). Due to unforeseen circumstances, my US spouse and I were unable to return to the US and did not file form I-751. Must I start a new green card application altogether, and file form I-407 to... View More

James L. Arrasmith
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answered on Nov 15, 2024

Living outside the U.S. for more than two years while holding an expired green card typically leads to the abandonment of permanent resident status, regardless of the reasons for the extended absence.

You should consider filing Form I-407 to formally abandon your previous permanent resident...
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1 Answer | Asked in Employment Law and Immigration Law for North Carolina on
Q: I am on F1 STEM OPT, I have 2 job offers right now. 1. is a w2 role that is sponsoring for my h1b.

2. Is temporary full-time for 9 months and is not sponsoring me for H1B.

Can I join both and work for 2 40 hours? If yes, Will it affect h1b, if I get picked in the lottery? Both are e-verified and willing to fill training plan(i983 form).

James L. Arrasmith
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answered on Oct 9, 2024

Yes, you can take on both job offers while on STEM OPT, provided each position meets the OPT requirements. Both employers must be enrolled in E-Verify and you need to complete a separate Form I-983 training plan for each role. Ensure that both jobs are directly related to your field of study.... View More

2 Answers | Asked in Immigration Law for North Carolina on
Q: I want to marry my US partner on an ESTA, then go back to my home country to finish school. Is this ok?

We've been dating almost 3.5 years, and would like to marry to make immigration go smoother. I plan to marry my partner on an up coming trip. After this, I will go back to the Netherlands to finish my study, then apply for an Immigrant visa for a spouse. We want to make sure just an ESTA will... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 14, 2024

Yes you can enter the US on ESTA , get married to your US Citizen spouse, return to the Netherlands and be sponsored by her for your spousal visa. Consider working with counsel. Some of us charge a very affordable flat fee to handle the case from start to finish.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: H1B applicant, priority date oct 2017 diagnosed with rare disease, what is the pathway to permanent residence

has a son -US born -diagnosed with Autism-12 yrs

James L. Arrasmith
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answered on Aug 5, 2024

If you have an H1B visa and your priority date is October 2017, you may explore several pathways to permanent residence. Given your diagnosis with a rare disease, you might consider applying for a National Interest Waiver (NIW) if your work is of substantial merit and national importance. This... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: I am a J2 Dependent (spouse a J1 visa holder) and our child is a citizen. After a visa waiver, can we remain legally?

My spouse is currently on a work exchange program and our desire is to remain here.

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answered on Aug 1, 2024

To remain legally in the United States after your J1 and J2 visas expire, you need to explore options for extending your stay or changing your status. One possible route is to apply for an extension of the J1 and J2 visas, if your spouse’s exchange program allows for an extension.

Another...
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2 Answers | Asked in Immigration Law for North Carolina on
Q: After 7 years of online dating, my boyfriend and I want to get married. He lives in another country. We feel it may be

Easier to be virtually married before he travels to America. Can I get your take on that? Is it legal? Easier to travel?

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 28, 2024

Pursue either the spousal visa overseas or if he’s inside the US, you can sponsor him to adjust status. Have a free consultation to discuss all options.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: During the US naturalization ceremony oath of allegiance, can I use a Bible like low presidents do their oath of office?

My family is immigrating to the US.

James L. Arrasmith
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answered on Jul 27, 2024

Yes, you can use a Bible during the US naturalization ceremony oath of allegiance. Many people choose to hold a Bible or another religious text that is meaningful to them when they take the oath.

It's important to communicate your desire to use a Bible to the officials conducting the...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: H4 using I485 EAD and travel with H4 visa

My wife is using I-485 EAD for her job, and she has approved AP, and also has approved H4 petition until March,2026 (though visa on passport has expired).Can she choose to come back on H4 visa from India (after stamping) instead of AP, and then again start working using I485 EAD? Will this anyway... View More

James L. Arrasmith
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answered on Jul 18, 2024

Yes, your wife can choose to come back on an H4 visa from India after stamping, even if she has an approved AP and is using her I-485 EAD for work.

Once she re-enters the U.S. on an H4 visa, she can continue working using her I-485 EAD. This action won't adversely impact her I-485...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: F2 Visa Working Remotely from Home Country as Software Developer

I am starting PhD and my husband works in a international company in our home country Turkey. He is software developer and his company allowed him to work remotely. Can he continue to work remotely from Turkey while holding F2 visa , if his income never comes in USA, such as stay in saving account... View More

James L. Arrasmith
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answered on Jul 18, 2024

Yes, your husband can continue to work remotely for his company in Turkey while holding an F-2 visa. Since his income is generated and kept in Turkey, there should be no issue with him working remotely as long as it doesn't come into the United States.

However, if he decides to...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: Wife going under immigration process and Birth of Child aboard.

I am a U.S. citizen, and my wife is in Pakistan and in the process of immigration. My question is, if my child is born in Pakistan, will they already be a U.S. citizen, or will I have to file an immigration process for them as well, in addition to my wife? Any advise for me

James L. Arrasmith
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answered on Jul 18, 2024

If your child is born in Pakistan, they may be a U.S. citizen at birth if you meet certain requirements. As a U.S. citizen, you need to have lived in the United States for a specific period before your child's birth. Generally, you must have been physically present in the U.S. for at least... View More

1 Answer | Asked in Immigration Law and Small Claims for North Carolina on
Q: Necesito ayuda para recuperar un dinero de FIANZA como haria si no tengo ningun documento exepto el recibo bancario?
James L. Arrasmith
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answered on Jun 16, 2024

Aquí hay algunos pasos que puede seguir para tratar de recuperar el dinero de la fianza sin tener más documentación que el recibo bancario:

1. Comuníquese con el tribunal donde se pagó la fianza. Explique su situación y pregunte qué documentación necesitaría para procesar la...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: What passport number should my husband use on USCIS forms? Old passport that he used to enter the country? Or new one?

My husband entered the country legally with his H2B visa, but lost/misplaced that passport and visa on a business trip. He has copies of those original documents, but now has a new passport number. Should he be using his new passport number on all forms or input the old passport number and document... View More

James L. Arrasmith
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answered on Apr 18, 2024

In this situation, your husband should use the passport number that was valid at the time he entered the United States and received his I-94 form. The I-94 form is the official record of his legal entry into the country, and it is tied to the specific passport number he used at that time.... View More

2 Answers | Asked in Immigration Law, Civil Rights and Gov & Administrative Law for North Carolina on
Q: Germany - North Carolina Driving License Reciprocity

I have a German driving license, and everywhere on the internet I find that North Carolina does have a partial reciprocity with Germany, meaning I need to pass a Written Test to get a NC Driver's License but I don't need to do a Road Test. Today at the DMV they said this is not true and I... View More

Ben Corcoran
Ben Corcoran
answered on Apr 1, 2024

Likely the DMV, you can try going to a different DMV location and hope they are more understanding but it will likely be easiest to take both tests.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: Can my spouse apply for a green card with ESTA if we are already married?

My wife and I got married through Proxy and she is eligible for the Visa Waiver Program. Could she apply for a green card if she travels to the US with an ESTA? If not, what options do we have?

Thank you

James L. Arrasmith
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answered on Mar 30, 2024

Traveling to the U.S. under the Visa Waiver Program (VWP) with an ESTA (Electronic System for Travel Authorization) primarily permits short visits for tourism or business. If your wife enters the U.S. using an ESTA with the intention of applying for a green card (adjustment of status), it might... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: My girlfriend lives in Canada if I was to go visit and get married can I file something and end up staying in Canada?

We have been for years but trying to figure out the quickest way to go about it

James L. Arrasmith
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answered on Mar 19, 2024

If you marry a Canadian citizen and want to stay in Canada, you can apply for spousal sponsorship under the Family Class category. Your spouse would need to sponsor you for permanent residence. This process involves proving your relationship is genuine and meeting certain income requirements.... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: I have a question for F2B category applicant getting ineligible due to getting married, what's the cutoff time ?

Petition got approved back back in back in late 2020, and case for immigrant visa was documentarily completed since 01/28/2021 and then waiting for interview, applicant got married in Mid 2022 and the now at the time of visa interview his case was rejected due to being married.

I have seen... View More

James L. Arrasmith
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answered on Mar 15, 2024

In the context of U.S. immigration, the F2B category applies to unmarried sons and daughters of permanent residents. If an applicant marries before becoming a lawful permanent resident, they generally become ineligible under this category. The crucial moment determining eligibility is not when the... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: how can I get an i-131 certificate in this situation?

i just arrived in the usa. i defected because i had a security problem in turkey. my work permit and social security number have been shipped to me now. i have a fracture in my nasal bone due to a problem i had as a child in turkey and it needs urgent surgery. Under normal circumstances, I had a... View More

James L. Arrasmith
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answered on Mar 13, 2024

In your situation, you may be able to apply for an I-131 (Application for Travel Document) to request Advance Parole, which would allow you to travel outside the United States and return while your immigration case is pending. However, there are some important considerations:

1....
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1 Answer | Asked in Immigration Law for North Carolina on
Q: I have my Texas birth certificate but i am very confused the place of birth say Reynosa Mexico is this possible ?

What can i do on this matter an i a USA citizen?

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answered on Feb 26, 2024

If your Texas birth certificate lists Reynosa, Mexico, as your place of birth, it might initially seem confusing since Reynosa is not in Texas but in Mexico. This discrepancy could be an error on the birth certificate or could relate to specific circumstances surrounding your birth and... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: I have a question regarding my situation. Married to a U.S. citizen last January, I'm in the US on a B1/B2 visa and work

I'm working remotely for a company outside of the U.S. I'm wondering if this could impact my I-130 application.

James L. Arrasmith
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answered on Jan 27, 2024

When you are in the U.S. on a B1/B2 visa and working remotely for a company outside the U.S., it's important to be aware of the visa's restrictions. The B1/B2 visa is typically for tourists or business visitors and does not authorize employment in the United States. Working remotely for a... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: Lawyer still hasn’t filed B2 visa application after being paid 3 years ago. What can I do?

So I paid her in 2019 to help withB2Visa. turns out application is still not submitted.

Original assigned Paralegal quit and another paralegal emailed me asking for documents in April 2023. I sent all within a week and have been patient but I still had to remind them about the case around... View More

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answered on Dec 15, 2023

In your situation, it's important to address the issue directly with the law firm handling your B2 visa application. First, request a meeting with the lawyer in charge of your case, not just the paralegals. During this meeting, clearly express your concerns about the delays and the lack of... View More

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