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Virginia Immigration Law Questions & Answers
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.

0 Answers | Asked in Immigration Law for Virginia on
Q: IS the lawyer thought's right? Why the immigration will ask us for other docs if they're gonna deny it?

Our mom was approved for a green card at 2016. At the same time we(her children) were approved too even if we were in Africa at 2016. We started the process to move from Africa to Usa. And finally at 2018, we got a visa type YY to travel to USA. In 2020, We started the process to get our green... Read more »

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.

3 Answers | Asked in Immigration Law for Virginia on
Q: Can I file I-130 after my parents already filed I-485 under EB-1 visa?

My parents applied I-485 under EB-1 and still waiting for the result, which has been taking quite long. I am a US citizen and I am over 21. Can I file I-130 for them now to sponsor them at the same time? Will it be a conflict with the I-485 they already filed? I want to see if I can get them the... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Oct 16, 2021

More information is needed, but if you are over 21 years old, it may be in their best interest for you to petition them. Again, more information is needed. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any complications.

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3 Answers | Asked in Immigration Law for Virginia on
Q: Can my son suffer legal consequences for living with an illegal immigrant? They’re married now, but she is out of status

She entered legally visa j1, them f1. Ended in 2012. Since then without papers. Living with my son since 2014. Married in 2018. Now, 2021 she wants to get green card

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 15, 2021

Your son may immediately petition. his foreign national spouse to adjust to LPR (Lawful Permanent Residency) right after they married, if he is a USC and she qualifies otherwise. There was no reason to wait three years.

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4 Answers | Asked in Immigration Law for Virginia on
Q: Does the 90-day rule for the green card application apply for F1 visa? I traveled this summer, but was in the US before.

My partner and I want to get legally married so that I can start the green card application process. I've been in the US for college since 2017. I graduated in May and got an OPT extension that's valid until July 2022. I was travelling to visit family in Italy this past summer, and... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 12, 2021

The 90-day rule will apply to your case as well as the Service will review the motives and bona fides of the marriage.

If you have genuine feelings for each other, get married and start assembling all the documents to be filed after 90-days. If you marry to just obtain immigration...
Read more »

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2 Answers | Asked in Immigration Law and Tax Law for Virginia on
Q: Amending previous returns status from single to married to Non Resident Alien, no SSN or ITIN back then.

I am a US resident and have been mistakenly filing taxes under Single, I know now that I should have been using the Married status eventhough my then husband lived abroad and had NEVER been to the US and had no income tied to the US. He never got an ITIN and I saw that I could have used the mention... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 15, 2021

You coulda mend prit tax returns with your CPA or accountant. In terms of discussing your foreign national spouse ssn and other issues a comprehensive legal review is necessary with an attorney of your selection.

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1 Answer | Asked in Immigration Law for Virginia on
Q: I have question related to my fiance visa. I would like to know if there is a way to faster the process

My case currently is at uscis

Agnes Jury
Agnes Jury
answered on Aug 6, 2021

It is possible to request to "expedite" your petitioner but there are limited basis to do so. See here: https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5

If you try to make the request, I would recommend hiring an attorney to help you give it the best try.

Best wishes!

2 Answers | Asked in Immigration Law for Virginia on
Q: I am in US and my husband's immigration process was in progress when I decided to cancel it because of some differences.

I need to know if the process can be resumed or if there is any way to bring it back in progress.

Kind regards

Agnes Jury
Agnes Jury
answered on May 24, 2021

More information is needed to answer this question. What "process" and what did you do to "cancel" it. It would be best for you to do a consultation with an immigration attorney. Best wishes!

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1 Answer | Asked in Immigration Law for Virginia on
Q: What category of eligibility do I apply for N400?

I received my Green card back in Feb 2017 when by mom married my stepdad and I was entered into the paperwork before I turned 18. Now I want to apply for naturalization, but on the USCIS site there are few choices and I'm not sure which one I fall under.

I know it has to be either:... Read more »

Agnes Jury
Agnes Jury
answered on May 4, 2021

If you mom is still married to your step dad, she can apply for naturalization after 3 years. But unless your mom became a citizen before you turned 18, you will be eligible for naturalization once you have been a permanent resident for 5 years or more. You cannot apply until 90-days before the... Read more »

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