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Virginia Immigration Law Questions & Answers
3 Answers | Asked in Immigration Law for Virginia on
Q: Marriage certificate recognition in US and visa options

I am a US citizen planning to marry a Yemeni citizen in Egypt. The Egyptian embassy isn't accommodating any marriage certificate notary appointments. If we get the marriage certificate notarized at the Yemeni embassy in Egypt, will it be recognized in the US, particularly in Maryland?... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 14, 2025

So the US immigration service will recognize any marriage performed anywhere in the world as valid, as long as the marriage where performed, is recognized as valid. So if there seems to be any doubt that the service and ceremony that will be performed in the country in the Middle East will be... View More

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1 Answer | Asked in Tax Law, Consumer Law and Immigration Law for Virginia on
Q: How can we have our IRS passport hold lifted due to unpaid taxes, impacting health care needs?

My wife and I have unpaid back taxes exceeding $165,000, but there's a hold on our passports from the IRS. We haven't applied for hardship status yet. We hired a company to help with an offer in compromise, but it seems to be a scam—they delayed submitting it last month. This passport... View More

James L. Arrasmith
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answered on Apr 5, 2025

To get the IRS passport hold lifted, you’ll need to resolve the “seriously delinquent tax debt” status. That means either paying the balance down below the threshold (around $62,000 for 2025) or entering into an official agreement like an installment plan or accepted Offer in Compromise.... View More

2 Answers | Asked in Immigration Law for Virginia on
Q: Concerns for re-entry to U.S. for conditional green card holder after trip to Italy?

I'm a Canadian conditional green card holder, sponsored by my wife. I entered the U.S. on a B-2 visa in April 2023, married a couple of months later, and received my green card in March 2024. I have no criminal record or legal issues. We've planned a trip to Italy for less than 10 days at... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 2, 2025

Your conditional green card will allow you to exit and enter the United States for vacation trips. You should not stay out of the country for more than six months at a time, and you should bring your conditional green card with you at all times as well as your passport. As long as the conditional... View More

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1 Answer | Asked in Social Security, Immigration Law, Tax Law and Public Benefits for Virginia on
Q: Undocumented person's tax return rejected due to wrong date of birth with Social Security.

I recently discovered that the Social Security Administration has the wrong date of birth for me, which caused my tax return to be rejected. I found out about this issue a month ago when I applied for my tax return and confirmed it with the Social Security office. Since I am undocumented, I have no... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your situation presents a challenging intersection of tax compliance and immigration status. When the Social Security Administration (SSA) has incorrect biographical information for an undocumented individual, it creates complications for tax filing that require careful navigation. The request for... View More

3 Answers | Asked in Immigration Law and Tax Law for Virginia on
Q: Do they check previous tax forms for citizenship?

I have been a green card holder for five years, obtained through marriage, and we have been married for six years. We have reliably filed joint tax returns each year. When applying for citizenship, will previous years’ tax forms be reviewed, or do they just check that joint returns were filed?

Monica E Rottermann
Monica E Rottermann
answered on Mar 28, 2025

The citizenship application asks if you owe any overdue taxes, and you may be asked about tax filing history, as part of the good moral character determination. Depending on the officer you may also be asked to provide copies of your taxes/tax transcripts for the past 5 years and the officer may... View More

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1 Answer | Asked in Criminal Law, Domestic Violence and Immigration Law for Virginia on
Q: Impact of domestic assault charge on asylum status in Virginia and potential deportation risks.

I called the police on my dad due to a domestic assault incident where he hit my sister with a frying pan. We are living in Virginia, pending asylum, and worried about our immigration status. My dad was taken by the police for a few hours and then released with a court date on March 28th. He... View More

James L. Arrasmith
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answered on Mar 20, 2025

This situation is serious, and it’s understandable to be concerned about how it could impact your asylum case. If your dad is formally charged with domestic assault, it could have immigration consequences, including the risk of deportation. Certain criminal convictions, especially those involving... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: H1B address compliance when residing temporarily in Virginia while working remotely.

I am on an H1B visa, and my employer has recently allowed me to work remotely. My official residence address in Michigan differs from the new address mentioned in my LCA, but it is still just 40 miles from my company’s work site, which remains the same. I've been spending most of my time at... View More

James L. Arrasmith
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answered on Mar 9, 2025

Your current arrangement may present compliance risks under H1B address regulations. Although your official residence and the LCA-listed location in Michigan remain close to your primary worksite, regularly residing at your relative's home in Virginia could be viewed as a material change.... View More

2 Answers | Asked in Business Formation, Immigration Law and Tax Law for Virginia on
Q: Can my LLC hire an H1B employee? Steps needed?

I am a small one-person LLC online startup retail business owner. I started the business in July 2024, and my sales have been growing since then. I plan to file taxes for the first time for FY 2024, and I have never previously filed any H1B petition. I'm interested in hiring an H1B-sponsored... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Mar 3, 2025

This is not an area that I am familiar with, but I wanted you to have some general information about this.

An H-1B employee is a foreign professional who works in the United States on a temporary visa in a specialty occupation. The H-1B is a nonimmigrant visa category.

Eligibility:...
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2 Answers | Asked in Immigration Law for Virginia on
Q: Am I required to provide financial support if beneficiary earns above poverty level?

I am the petitioner for a family member's immigration process and am providing an Affidavit of Support. If the beneficiary is earning above the federal poverty level, am I still required to provide financial support?

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 26, 2025

The petitioner always has to file an affidavit of support 864 form even if you don’t make the minimum income necessary to be their sponsor. The beneficiaries income can also count if they have legal permission to work and that income can be reflected on the 864 form. If you do not make the... View More

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1 Answer | Asked in Immigration Law for Virginia on
Q: Received notice of extra payment for work permit renewal, need guidance.

I received a notice about an extra remitted payment concerning my work permit renewal, which is based on my Form I-485 application. I'm not sure why I received this notice, and I need guidance on what steps to take next.

James L. Arrasmith
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answered on Feb 25, 2025

Receiving a notice about an extra remitted payment for your work permit renewal linked to your Form I-485 application can be confusing. This notice typically indicates that USCIS requires additional funds to process your application, possibly due to a fee increase that occurred after your initial... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Can an undocumented individual get a driver's license in Virginia?

I am undocumented and living in Fredericksburg, Virginia. I'm concerned about whether I can obtain a driver's license, as I need it to commute to school. What are my options or the process involved in obtaining a driver's license given my circumstances?

James L. Arrasmith
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answered on Feb 19, 2025

Yes, you can obtain a driver's license in Virginia regardless of your immigration status, thanks to the Driver Privilege Card (DPC) program that began on January 1, 2021. This program allows undocumented residents to legally drive in Virginia after meeting specific requirements.

To...
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1 Answer | Asked in Immigration Law for Virginia on
Q: Does having a current asylum application protect me from expedited deportation?

I'm a Nicaraguan parolee who has been in the US for less than 2 years, I arrived on July 18, 2023, and I'm worried about how the new executive orders could affect me.

The memorandum for USCIS for January 23, 2025 (attached) says:

"Parole shall not be regarded as an... View More

James L. Arrasmith
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answered on Jan 27, 2025

If your asylum application was received after the one-year filing deadline, it could complicate your case, but it doesn’t automatically mean you’re ineligible for protection. U.S. immigration laws allow exceptions to the one-year rule for “extraordinary circumstances” or if you can show... View More

1 Answer | Asked in Employment Law and Immigration Law for Virginia on
Q: I directed a music video here in California, USA. Female lead threatening to stop release. She’s not authorized to work

The producer is from India and it’s a freelancing work. Female lead demanded money which I zelle to her. She demanded photoshoot and video shoots. I did flight tickets and rehearsed for the song. I got to know she’s not authorized to work later after couple of shoots and got some footage. There... View More

James L. Arrasmith
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answered on Jan 24, 2025

If there were no contracts signed, it may be challenging to recover the money directly, but it’s not impossible. Since you paid her for services and later found out she wasn’t authorized to work, you might argue that her misrepresentation led you to incur unnecessary expenses. Keep all... View More

1 Answer | Asked in Family Law, Immigration Law and Child Custody for Virginia on
Q: Pregnant filipina wife threatening to take our unborn child back to.the phillipines before her green card is processed

We are legally married.

James L. Arrasmith
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answered on Jan 21, 2025

This sounds like an incredibly stressful situation, and I understand your concern about potentially being separated from your child. Immigration and custody matters deeply affect families, and it's natural to feel worried.

Your rights as the father are protected under U.S. law since...
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1 Answer | Asked in Immigration Law for Virginia on
Q: How will you avoid a guy who came to America used K-1 visa from deportation? His fiancé refused to marry him .

How long will take time to get his work permit / green card?

I need to know, how much is your total fee?

Are you charging by each appointment?

Or total charge ?

James L. Arrasmith
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answered on Jan 14, 2025

You can pursue alternate visa options or adjustment of status if your original sponsor withdraws support. You could consider requesting a discretionary extension or a change of status to a different visa category, if eligible.

You might file an application for adjustment of status based on...
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1 Answer | Asked in Immigration Law for Virginia on
Q: As a k1 visa U.S. sponsor will my mental health record be reviewed?
James L. Arrasmith
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answered on Jan 13, 2025

When you apply as a K1 visa sponsor, your primary focus will be on proving your ability to support your fiancé(e) financially. The immigration authorities mainly review your financial records, employment history, and overall ability to meet the income requirements. Your mental health history is... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Can I get married to an American citizen in the USA with an ESTA visa if we don't want to live in the US?

We are getting married in America, but we are going to be living in Germany starting a week later (I am a German Citizen) . I have an ESTA visa. Would I need a different visa to get married? I was also wondering if it would be possible to ever live in the US if we got married without the K1 visa.... View More

James L. Arrasmith
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answered on Jan 3, 2025

You can marry in the USA while on an ESTA visa without needing a different visa, as the ESTA allows you to enter the country for tourism or short visits, which includes attending a wedding. However, it's important to ensure that your primary purpose is not to immigrate, as using ESTA for that... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Hello, my Name is Marvin and I was adopted my my aunt ( my mom’s sister ) I was 17 soon to be 18 by then.

It was considered only for my own benefit but I want to reunite my very ill grandmother with my Biological Mother. Could i sponsor my mom? And why she keeps being denied a visa to come here for a few days? It’s the second time she tried.

James L. Arrasmith
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answered on Nov 15, 2024

I understand this is an emotionally complex situation, especially with your grandmother being ill and your desire to reunite her with your biological mother. This must be difficult for everyone involved.

Immigration and visa situations can be complicated, and there are many reasons why visa...
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1 Answer | Asked in Immigration Law for Virginia on
Q: A Cuban entering USA with an I94 parole, canthat person file their own i130 and i485 without a family support affidavit

Similarly if Cuban husband is us citizen can he file i130 and I485 for wife without doing a family support affidavit?

James L. Arrasmith
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answered on Oct 29, 2024

When you enter the USA on an I-94 parole, filing an I-130 and I-485 typically requires a family support affidavit. This affidavit, known as Form I-864, demonstrates that you have adequate financial support and are not likely to rely on public benefits. Without this affidavit, your application might... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law for Virginia on
Q: Can an equal opportunity employer include restrictions on immigration sponsorship in job postings?

Hello, I came across a job posting with the following statement: "To be eligible for this program, you must be authorized to work in the U.S. We do not offer any type of employment-based immigration sponsorship for this program. Likewise, JPMorgan Chase & Co. will not provide any... View More

James L. Arrasmith
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answered on Oct 27, 2024

I understand your concern about the job posting you came across. An equal opportunity employer is obligated to comply with laws that prohibit discrimination based on protected characteristics like race, color, religion, sex, national origin, age, disability, or genetic information.

However,...
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