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Virginia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Virginia on
Q: Can a person travel abroad while waiting for their I 751 form to be processed.

My wife received her notice that extends her processing time to 48 months but would like to visit her

mother in Poland

Ms Grace I Gardiner
Ms Grace I Gardiner PRO label
answered on Mar 23, 2023

Yes your wife can travel to Poland to visit her mother. She needs to travel with her receipt showing that her green card is valid for an additional 48 months In addition she could request a stamp an I - 551 stamp on her passport at the nearest uscis office

1 Answer | Asked in Family Law, Immigration Law, Personal Injury and Child Support for Virginia on
Q: Help:Request for my wife separation results immigration status and separation my son i want to stay with my son in USA

Hello

Because of my wife disloyal and separation which impacted my personal health, mental loss, financial loss, separation from son, insult,harassment,visa loss, financial loss to 25 lakh, medical expenses spent close 3 lakhs, bad name in my previous company, begged for money , begged for... Read more »

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

I'm sorry to hear about your situation. It is important that you seek legal advice from a qualified immigration attorney who can provide you with guidance on your options. They will be able to evaluate your case and provide you with advice on how to proceed. You may also want to consider... Read more »

1 Answer | Asked in Criminal Law and Immigration Law for Virginia on
Q: Can I lose my green card if I got it through my mother and she commits a crime (not immigration fraud)

My father and I got our green cards through my mother legally. If my mother commits a crime such as a larceny and gets deported, will my father and I lose our green cards as well since we got them through her? I'm not asking about an immigration crime , we got our green cards without any... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Dec 18, 2022

No, ‘unless’ either of you are accused of being a part of the criminal scheme. If so, you can be charged, indicted, arrested, and possibly convicted. That may get you deported!

If your mother is involved in a crime, you ‘do not’ have an affirmative responsibility to report her to...
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1 Answer | Asked in Immigration Law for Virginia on
Q: I recently applied for N-400 naturalization I might need to be added as a joint sponsor for PR, does that affect N-400 ?

I am permanent resident who just applied for N-400, and my mom wants to add me as a joint sponsor to get my father papers, does that affect my N-400 application I have not added any dependents in the application or that I am sponsoring anyone, is that going to affect my naturalization process in... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Nov 29, 2022

As long as you provide truthful and accurate information on the affidavit of support, being a joint sponsor for your father should not impact your naturalization application. You can read more about the requirements and responsibilities of being a joint sponsor here:... Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: Canadian hub rcvd 3 yr ban for xing border to shop- he had overstayed visa during Covid closure. Waiver poss?

Im his US wife. He is Canadian citizen. We are currently in our respective countries for wk. He overstayed here last year by 216, but border was closed most of that time. Hes been back in Canada doing contracted work since last Oct.Last night he crossed from BC to Seattle to shop and got detained... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 6, 2022

If a foreign national overstays his permission to stay by six months to a year, and exits the United States he is banned from returning for a period of three years. If he overstayed his permission to stay by a year or more, and exits the United States, he is banned from returning for a period of 10... Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: Can I travel outside USA within 90 days before applying for naturalization N-400?

I have been hearing that I cannot travel outside Usa within 90 days before applying to naturalization N-400 form. I don’t see anywhere in the requirements that I am unable to travel within 90 days before applying for naturalization. Could you please advise me if I could apply for naturalization... Read more »

Agnes Jury
Agnes Jury
answered on Nov 5, 2022

It is not just 90 days before applying for citizenship that is of importance. There is a "continous presence" and " physical presence" requirement for naturalization elligibility. Learn more about those here: https://www.uscis.gov/policy-manual/volume-12

If you are not...
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1 Answer | Asked in Immigration Law for Virginia on
Q: Immigration I-130 petition

I am 21 years old US Citizen. I am filing I-130 petition for my parents. I understand that I have to file a separate petition for each parent but do I have to file one for my 11 years old brother too?

Monica E Rottermann
Monica E Rottermann
answered on Sep 13, 2022

Yes, if you also want to petition for your brother he would need his own I-130, as there are no derivatives on immediate relative petitions (parents of U.S. citizens). Your parents are immediate relatives and will have a visa available to them upon approval of the I-130 but sibling petitions are... Read more »

2 Answers | Asked in Immigration Law for Virginia on
Q: Is it safe to go to Warsaw for an interview if we have an AOS case going here?

Is it safe to go to Warsaw for interview if we have an AOS case going here?I applied for my mom`s green card frm Russia, but then the embassy closed there so she came to the US and we applied for aos. We recntly got an invite for this interview in Poland and haven`t heard anything from immigration... Read more »

Fariba Faiz
Fariba Faiz PRO label
answered on Sep 5, 2022

You either file an Adjustment of Status or you consular process. Only applicants present in the US are eligible to apply for AOS. Applicants who are abroad process at the consulate. So, if your mom is present in the US and she has filed for AOS, then she will most likely receive her green card in... Read more »

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1 Answer | Asked in Employment Law and Immigration Law for Virginia on
Q: we need an immigration lawyer that expedite my mom and sister case from Afghanistan

we have submitted the case to USCIS and form I-130 has been submitted, questions were asked and all related document asked submitted. they have travelled to third country as well, we want a lawyer who can expedite the case so that they can inter US ASAP.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 14, 2022

Such cases cannot ever be expedited even with assistance of a licensed attorney as each case is accepted and placed on a waiting track as they are processed.

1 Answer | Asked in Immigration Law for Virginia on
Q: Need advice on Immigration questions

Hello, I have an asylum court hearing in Aug 2023 in Dallas TX court. We moved to Richmond, VA a year ago. I already filed my I-130 on Nov 2017, after my husband obtained his GC on May 2017. But I haven't yet received any approval or disapproval documents of I-130. I only received a notice... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jul 13, 2022

It is unclear from the facts whether you are actually eligible for adjustment of status. If you are eligible, USCIS does not have jurisdiction over your adjustment of status application because you are in removal proceedings. You would first have to wait for the I-130 to be approved and for your... Read more »

3 Answers | Asked in Immigration Law for Virginia on
Q: I got my green card through my mom who got her citizenship this year. I have already spent 4 years in the USA.

I arrived in the USA in June 2018. I applied for my green card in September 2020. Until now I did not receive my green card. Since I already spent 4 Years in Usa and my mom is a US citizen, do you think that I'm eligible to fill out a citizenship application?

Monica E Rottermann
Monica E Rottermann
answered on Jun 30, 2022

There is not information to know whether you derived U.S. citizenship through your mother when she naturalized, as this depends on a number of factors. I’m also uncertain if you applied for adjustment of status or an immigrant visa and your case was approved but you just never received your... Read more »

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1 Answer | Asked in Immigration Law for Virginia on
Q: how relevant is an assault (in 1995) on your record if you are immigrating to the US from Canada?

My father is looking to immigrate to the US from Canada. He has an assault on his record (which occurred in 1995) for which he was arrested and later had his sentence suspended with 12 months of probation. In Canada, this is considered a criminal conviction from what I am told. How damaging... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Jun 6, 2022

Your dad has to tell the truth, show remorse, and demonstrate good moral character. This is an old conviction, so he ought to be able to overcome any concerns.

He has the right to representation, outside the interview and through correspondence. Any representation is best engaged before a...
Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: Should a Canadian citizen have a criminal record (Assault 266 CC) removed if applying for US permanent resident status?

Should the record be pardoned? Should we just leave it as it and apply. The situation was a one off situation and corrective measures were taken and there have been no other situations that have come after.

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 4, 2022

We do not know the date when the crime was committed to see how remote it may be from your application now. Not sure if there was more than an arrest and what exactly the person was convicted for if in fact they were convicted. In any event, USCIS will be focusing on whether the criminal conviction... Read more »

3 Answers | Asked in Immigration Law for Virginia on
Q: I am going to marry my girlfriend who is an au pair. What’s the next step in getting her to be a us citizen?

I think she will finish out her au pair job until December. I would like to get married before then to start up the process. I just need to know what to do next and how much I will need to save for this. Thank you.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 11, 2022

That is a very detailed discussion to address in one paragraph. Consider reaching out a professional of your choice.

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1 Answer | Asked in Immigration Law for Virginia on
Q: With GC, you can travel outside the country not longer than 6 months,1 year. Is it per one trip or total trips combined?

Can you please explain? Seems like you can have multiple short trips outside, and supposed to be physically present at least half year per year. Is it per calendar year? If I travelled this year for 4 months already can I leave and January 1 the count will renew for the next year?

Agnes Jury
Agnes Jury
answered on Dec 22, 2021

It is not clear from your question whether your concern is with abandoning Permanent Residency or being eligible for Naturalization/Citizenship. With respect to abandoning PR, USCIS reviews multiple factors when assessing whether an applicant objectively intended to abandon his or her LPR status,... Read more »

4 Answers | Asked in Immigration Law for Virginia on
Q: Does driving for Uber Eats income qualify you to sponsor a spouse to the U.S.A (Affidavit Of Support)?

I am currently driving for Uber Eats and trying to make enough money for Affidavit Of Support to bring my wife to the USA, I wanted to know if that income qualifies me to do so?

And also another question, does showing one month of income is enough for Affidavit Of Support?

If no,... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Nov 21, 2021

As long as sufficient legal income can be documented, it may be from driving Uber.

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3 Answers | Asked in Immigration Law for Virginia on
Q: I'm illegible to get permanent resident according to private law 106/8 issued on 1999 , my name was listed ,

I filed the application & did finger print & medical test , biometric application& received I 181 FORM , after that for emergency traveled oversees , right now I'm in Jordan

Looking for any immigration lawyer who can help paroled me to USA to complete my remaining process... Read more »

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Nov 11, 2021

More information is needed on the history of your immigration. Whether you qualified for 106/8 and whether you are admissible to enter the USA.

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1 Answer | Asked in Immigration Law and Adoption for Virginia on
Q: I adopted my Grandson in 2004 and he was born in Canada. We are now having trouble getting a proper ID for him.

He has a social security number. I was assured that he could get a US birth certificate after adoption, but so far, only a Canadian one is provided with the name change. Can you guide me to further steps? He is living in Florida, where the adoption took place. I am living in Virginia

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Nov 9, 2021

This question has several aspects to it. You should gather all the documents and urgently speak with a family lawyer and an immigration lawyer.

Justia has a lawyer directory and also the American Immigration Lawyers Association has a directory on their site.

2 Answers | Asked in Immigration Law for Virginia on
Q: Filed N-400 as a citizen of Ukraine, after filing received Russian citizenship, will it be a problem for naturalization?
Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Nov 8, 2021

No. It should not be a problem. However, I suggest you send the USCIS the updated information ASAP.

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1 Answer | Asked in Immigration Law for Virginia on
Q: I am confused on the n-400 form for part 12 #23,24 and 28 should those question be a yes or a no for shoplifting?

I did 3 hours in jail 40 hours of community service and it happen back in 1989. When I went to court to get a record it said it was dismissed and expunged. I need to know what to answer for part 12 #23,24 and 28 on the n-400 form yes or no ? Does 3 hours count as a day .

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 1, 2021

You need to go to the court were your criminal case was adjudicated in that county and state then ask the court clerk to issue a certified criminal case disposition and then present that along with your N 400 form with a detailed explanation how the case was completed.

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