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North Carolina Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for North Carolina on
Q: Is it possible for a US Citizen's spouse to apply for an F1 visa, or is it best for them to apply for a marriage visa?

This is assuming they would be studying in the United States either way.

Agnes Jury
Agnes Jury
answered on Mar 19, 2023

It is possible for the spouse of a US citizen to apply for an F1 visa (as long as they otherwise qualify) but it would probably be better for the spouse to get permanent residency in the USA (i.e. marriage visa) so the spouse doesn't have to pay international student fees. Best wishes!

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2 Answers | Asked in Immigration Law for North Carolina on
Q: Is it possible for a US Citizen's spouse to apply for an F1 visa, or is it best for them to apply for a marriage visa?

This is assuming they would be studying in the United States either way.

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 19, 2023

If the spouse of a U.S. citizen intends to study in the United States, they have two primary options: applying for an F-1 student visa or applying for a green card through marriage to the U.S. citizen spouse.

If the spouse applies for an F-1 student visa, they will need to demonstrate that...
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0 Answers | Asked in Immigration Law for North Carolina on
Q: Can i stay in the USA when work visa expires while working on a EB3?

Hello, i got sponsored from a employer for the EB3. We are about to file PERM. Now i have another employer who would also sponsor me for the EB3. I would rather choose that one. My problem is, my work visa is only valid till mid November. If i start now all over again with the other employer,what... Read more »

2 Answers | Asked in Immigration Law for North Carolina on
Q: Can one apply for humanitarian parole with (form I-134) without putting at risk an in-process I-129F?

I summited an I-129F visa application for my fiancee over a year ago. She is from Nicaragua. Currently, there is a new humanitarian parole law, passed on January 6th, 2023, that allows people from Nicaragua to apply to come to the United States for up to two years. It is our understanding that it... Read more »

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 6, 2023

According to the program description in the federal register, parole for Nicaraguans will not impact a person’s eligibility’s for other immigration benefits. I would always recommend you work with a skilled immigration lawyer.... Read more »

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2 Answers | Asked in Immigration Law for North Carolina on
Q: Daughter will be filing a I129F while this Is being processed the fiance from Canada can visit 6 months? (On passport)

When can he visit again?

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 23, 2023

When an individual is applying for a K-1 visa, also known as a fiancé(e) visa, they must show that they have a bona fide relationship with their U.S. citizen fiancé(e), and that they intend to marry within 90 days of entering the United States on the K-1 visa. The K-1 visa allows the individual... Read more »

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2 Answers | Asked in Immigration Law for North Carolina on
Q: If I let my DACA expire and then married a US citizen. What can I do to begin the process to a green card ?
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 2, 2023

If your DACA has expired and you have married a U.S. citizen, you may be able to apply for a green card through the process of adjustment of status. This process allows you to apply for lawful permanent residence from within the U.S. if you meet certain eligibility requirements.

To apply...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: I am not willing to say the oath part that says I'm gonna bear arms on behalf of the USA. What can I do?

This is a conscious matter since I believe in the sanctity of life.

The thing is I said yes on my interview (N440 document) but I was not at ease afterwards and I'm not willing anymore to keep that promise and take the official oath.

If I show up to the ceremony day and just... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 26, 2023

If you are not willing to take the oath of allegiance as it is written due to your personal beliefs, you can request to modify the oath by submitting Form N-400 with a written request for modification. In your request, you should explain the specific part of the oath that you object to and the... Read more »

1 Answer | Asked in Immigration Law for North Carolina on
Q: Hi! What is my best avenue for immigrating to the US from NZ?

I am a NZ citizen currently in the US (NC) on an ESTA visa waiver, visiting with my fiance.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Feb 26, 2023

There are several different paths for immigrating to the US from New Zealand, and the best avenue for you will depend on your individual circumstances and qualifications. Here are a few options:

Marriage-based immigration: If you plan to marry your US citizen fiance, you may be eligible for...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: If USCIS asks for original documents during my interview and all I have is copies, will that be acceptable?
Monica E Rottermann
Monica E Rottermann
answered on Nov 28, 2022

I think it will depend on which documents and the reason for not having the originals with you at the interview. USCIS typically requests to see original birth and marriage certificates (among other documents) at interviews to compare them with the copies that were submitted and confirm that they... Read more »

2 Answers | Asked in Divorce, Family Law, Immigration Law and Real Estate Law for North Carolina on
Q: my wife is registered in India, we are getting divorce in india, can i sell my home on my name without her signature ?

I

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Oct 3, 2022

Until the divorce is finalized your wife has an interest in the property and would have to sign any deed.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: My question is in the other part since it’s too long

I’m an American citizen and my boyfriend is a Vietnamese citizen with an American visa, he came here when he was 10 (now 20). I am not sure if when we get married will anything change?

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 1, 2022

A US citizen can sponsor a spouse for a green card provided that the foreign spouse entered the United States with permission, notwithstanding that that person is now in overstay status for over a decade. Keep in mind that he should not exit the United States until he gets a green card or an... Read more »

2 Answers | Asked in Immigration Law for North Carolina on
Q: My husband is a citizen but my in laws lost all his documents before he turned 18 in the process their divorce.

My question is, how do I go about getting all his documents together if I have nothing to go off on? All I have is the picture he took when they took refuge in Thailand before coming to the States. A few years back, I went to the Immigration center in Milwaukee and they told us to go to the place... Read more »

Ms Grace I Gardiner
Ms Grace I Gardiner PRO label
answered on Aug 16, 2022

You can file a FOIA G-639 with USCIS to get a copy of his immigration file. There he would find a copy of all his immigration documents

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2 Answers | Asked in Immigration Law for North Carolina on
Q: Question about Eligibility

Hey,

I'm here in USA under F1 status and I'm living with my uncle who is a US citizen. He is unemployed so we are living in an apartment from the housing assistance program and we pay $200 in rent because I'm not a US citizen. 1.I will have an issue while adjusting my status... Read more »

Yohan Zingile
Yohan Zingile
answered on Jul 31, 2022

You cannot adjust status through your uncle. He is not an immediate relative and is not part of the family preference category. The relatives that could file a family petition on your behalf are a US citizen or permanent resident parent, a US citizen brother or sister, a US citizen or permanent... Read more »

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1 Answer | Asked in Immigration Law and Divorce for North Carolina on
Q: Divorce during a conditional GC

My conditional GC expires in December this year and I would need to remove the conditions 90 days before it. We have been married since almost 3 years and the marriage certainly was in good faith and we both hoped this will last forever.

However, since past year the marriage has been going... Read more »

Agnes Jury
Agnes Jury
answered on Apr 28, 2022

It would be best if you were divorced by the time you have to apply to remove the condition or soon thereafter. There is language that can be used as part of the divorce to improve the chances of your removal of condition being granted so I would recommend you consult with a family law attorney who... Read more »

1 Answer | Asked in Immigration Law for North Carolina on
Q: Can I stay longer in USA with visa J2
Agnes Jury
Agnes Jury
answered on Apr 4, 2022

More information is needed to answer your question. Best to do a consultation with an experienced immigration attorney because they will have many questions before they can give you an answer. Best wishes!

1 Answer | Asked in Immigration Law for North Carolina on
Q: If my name is not on my Daughter birth certificate and I would like to put my name on it, also she is 19years old? NC

I been with her and her mom ,my wife,with are legally married, since she was born I just never have the chance to fix her birth certificate.

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Feb 14, 2022

Hello. Your question needs more information for a specific answer but this general information should get you started. A lot depends on where your daughter was born and if you are a US citizen or were a US citizen when she was born if that was abroad.

If she was born abroad then the law in...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: The place of birth on the birth certificate is different from the place of birth on my passport.

I am an Indian citizen on H1B, and I am applying for I-140 and I-485. The place of birth on my passport is different than the place of birth on my birth certificate. They are neighboring towns in the same state and district. It was an accidental error on my behalf during my initial passport... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Jan 4, 2022

Confusion over issues of identity complicate a filing. It 'was' best to have corrected this information before you went forward with 'any' visa processing. Otherwise, it can eventually be viewed as a misrepresentation. Whether this is an innocent or material misrepresentation... Read more »

1 Answer | Asked in Contracts and Immigration Law for North Carolina on
Q: We bought a house through a verbal agreement with the owner and are wondering if there is a contract to take to them ?

We have already payed the full amount for the house but we have no contract saying it is our property. The seller claims that their lawyer will take until march for any documents to be signed because the buyer has no social security number but does have an ITN number.

Agnes Jury
Agnes Jury
answered on Dec 25, 2021

Real estate is required to be purchased through a written document (no oral contract). If a lawyer is involved in this transaction they should know that. Also, if you paid the full amount for the house then all that should be needed for you to have proof that you own the property is the quit claim... Read more »

1 Answer | Asked in Immigration Law and Tax Law for North Carolina on
Q: I'm a student in usa under F1 visa and I want to open a uk LTD and sell on the us market on eBay under my company name?

I'm a student in usa under F1 visa and I want to open a uk LTD and sell on the us market on eBay under my company name? It is legal to sell under my company name even if I'm not eligible to work under f1 visa and I should pay taxes to the us or uk government?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 23, 2021

That would be a de facto visa condition violation that will get your student status cancelled.

2 Answers | Asked in Immigration Law and International Law for North Carolina on
Q: LOST PASSPORT please help! How to extend stay over 90 days with an ESTA, whilst awaiting a new passport?

I have just arrived at the airport to leave USA after a 90 day tourist visit on an ESTA visa waiver program. I was due to leave for 4 days to allow my visit time to renew and then return to the states to finish my trip for another 2 months. But I have arrived at the airport and lost my passport!! I... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 4, 2021

You will need to comply with the reality. Obtain your expedited foreign passport and then apply for a new visa in that document.

There is no way around it.

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