Ask a Question

Get free answers to your Immigration Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Virginia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Virginia on
Q: Iraqi citizen in the US, with work permit and valid i-94 Can I visit Canada for two weeks without re-entry visa to USA

Do I need a re-entry permit or Travel document to be able to come back to the US.

Thanks!

Shan Dimitris Potts
Shan Dimitris Potts
answered on Mar 25, 2016

It depends on what kind of visa you are on at the moment, talk to an immigration attorney in private. Many immigration attorneys including me offer free consultations, make use of the consultations.

All the best.

-Shan Potts

Like our facebook page for regular immigration...
View More

1 Answer | Asked in Immigration Law for Virginia on
Q: can i apply for an L1A while i'm currently in US with a TPS ?

Im a Yemeni nationality living in Malaysia. I incorporated a new company in US , i also have got a lease for a place to start my business and i have started the renovation. my business in malaysia is still running . I came to the US with B1,B2 visa, my B1,B2 visa expired on the January 15th.USCIS... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Mar 15, 2016

Most likely you cannot at this moment since you are technically out of status, You need to contact an immigration attorney as soon as possible to find out what other possible options can help you stay in the US legally. Many immigration attorneys including me offer free consultations, make use of... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: What are my options?

Hello, I am an seventeen year old immigrant. I was brought here legally with my mother, but overstayed, at the moment by 1.5 years. My dad has been a green card holder for over 6 yrs but when he applied, for some reason, he lied saying he had no kids. What are our options at the moment? I have no... View More

Gary D. Godman
Gary D. Godman
answered on Mar 14, 2016

Your family needs to consult with an immigration attorney ASAP to review your father's application paperwork and your options. I say ASAP because once you turn 18, you will begin accruing "unlawful presence" which will trigger a 3- or 10-year bar on entering the US after too long.... View More

2 Answers | Asked in Immigration Law for Virginia on
Q: have been married for 13 yrs have been separated for the last 5 yrs, because he being on alcohol and drugs, and

verbally abusive.can I still apply for green card.

Gary D. Godman
Gary D. Godman
answered on Mar 10, 2016

If, among other requirements, you have been the subject of extreme cruelty by your US citizen or LPR spouse, you may be able to petition for your own green card. You can review the requirements at USCIS's website here: https://www.uscis.gov/humanitarian/battered-spouse-children-parents.... View More

View More Answers

2 Answers | Asked in Immigration Law for Virginia on
Q: i am living in the u.s.a. my nephew is an american citizen, and i have custody of him , he is now 24 yrs and wants .

to know if he can file for me. also is married to american citizen for 8 yrs. but seperated because he is on drugs and alcholic.can i still get my green card

Shan Dimitris Potts
Shan Dimitris Potts
answered on Mar 8, 2016

Only your direct family members can file for you. Those are your parents, spouse, siblings. Unfortunately your nephew will not be able to help you with your immigration situation. Many immigration attorneys including me offer free consultations, make use of the consultations.

All the best....
View More

View More Answers

1 Answer | Asked in Immigration Law for Virginia on
Q: I am a U.S citizen and I have 2 kids, and my wife 's immigration visa will expire on April, and my children immigration

Visa is under process, and I want them to come with her, what I should do?

Gary D. Godman
Gary D. Godman
answered on Feb 29, 2016

Unfortunately, there's not enough detail here to give you general information about your question. Some visa types can be extended. If you don't have an immigration attorney already, you need to consult with one to discuss your options. Good luck!

1 Answer | Asked in Immigration Law for Virginia on
Q: I'm a f1 student, my apartment wants to give me $500 as referring credit used for rent, is it a violate to my status?

My apartment wants to give me $500 referring bonus as a credit for my monthly rent, and is asking me to fill a w8. I'm a non-resident alien (on F-1), not quite sure whether it is legal to accept it without violating my F1 status, I understand I'll need to pay tax for it. I'm confused... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Feb 17, 2016

If they are giving you the $500 in credit towards your credit then you should be. The W-8 is for the apartment company so they can write it off in their taxes, you should also keep a copy as you will also need to file taxes come April 15 (yes, even F1 students are required to pay taxes even though... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: How to demonstrate domicile in the united states for a permanent resident applying for immigration of his son?

My father is a 71 year old retired medical officer from India with a green card. He has 3 children. One son and one daughter that are citizens of the united states and one son who is still studying in college in his early 20s in india. Given that his youngest son is not well settled yet, he has to... View More

Gary D. Godman
Gary D. Godman
answered on Feb 16, 2016

You're going to want to gather any and all papers, documents, bills - anything - that ties his name to whatever his address may be in the US. Caution, however - it's possible to abandon permanent residence in certain situations if out of the country for too long. Your father should... View More

1 Answer | Asked in Immigration Law and Adoption for Virginia on
Q: question in regards to adoption.

I am from Bangladesh. I was adopted by my uncle (mother’s side) who is a US citizen and brought into USA. First my uncle applied for legal guardianship in Bangladesh and finally I was adopted in USA. Now, I have a younger sister (biological) in Bangladesh. She is 23 years old. Is there way I can... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Feb 12, 2016

If you are US citizen you might be able to sponsor her for a green card, but she will have to wait until her priority date becomes current which may take more than 10 years. Talk to an immigration attorney regarding this situation. Many immigration attorneys including me offer free consultations,... View More

2 Answers | Asked in Immigration Law for Virginia on
Q: I am a us citizen. I want to bring gf here from bolivia. Should i marry there or bring as fiance i read? Please tell me.

I want to marry her. How long will it take to bring her. As my fiance or wife. She is bolivian. 18. I'm 22. I have double citizenship from usa and bolivia.

Shan Dimitris Potts
Shan Dimitris Potts
answered on Feb 12, 2016

If you apply for a fiance visa, the whole process takes about 6 months and then after you get married you need to apply for her green card which will take another 6 to 8 months. If you marry her in Bolivia and apply for green card she will get her green card in 6 to 8 months. If you apply for a... View More

View More Answers

1 Answer | Asked in Immigration Law and International Law for Virginia on
Q: Im in f-1 status now I want to apply green card as my brother is a citizen here.How long it will take to get Greencard
Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 19, 2016

Which country are you from? Getting a green card through your brother comes under the category F4 (Family visa). Go to the visa bulletin and check what is the current priority date for your country and you will get an idea of how long it might take. Many immigration attorneys including me offer... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: I-864 household size and income requirement?

me and my husband living together only two of us. he have lost his visa status 1 year ago he came here as F-1 student but due to uncertain reasons he have lost it. i would like to sponsor him for GC and work authorization. what should be my income requirements and do i have to count him in... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 19, 2016

Hello,

You should include your husband in the household size as he lives with you. For a household size of 2 you should be making more than $19,912. You can visit this link to get more information http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf. All the best.

-Shan...
View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Does H1b Salary be revised by employer, if Minimum prevailing wage for that job is revised (yearly in DOL site)?

Hi All,

I have below doubt regarding my salary and LCA.

When my LCA was originally approved it has some amount (Minimum prevailing wage) mentioned in it, but a year later wages in that areas are revised (every year in July updated ICERT LCA site) and increased but I am getting... View More

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Jan 21, 2016

The LCA has validity dates at the bottom (usually 3 years). As long as they are valid during H-1B process, then employer has complied.

2 Answers | Asked in Immigration Law for Virginia on
Q: I'm an E2 holder working for US branch. I'd like to start my own business, can I work for my company without extra visa?

I hold E2 visa for one company. I would like to start my own company, but I have E2 visa for the other company. I was informed I cannot work for any other US company. But what if I worked for the company I established - do I have to have a contract with my own company? Or can I work for my company... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 13, 2016

If you hold an E2 visa you are only supposed to work for the company you invested in. If you want to start your own company and if you think the investment on that company would be substantial you can get a E2 visa for that company but you can not work for two companies at the same time. All the... View More

View More Answers

1 Answer | Asked in Immigration Law for Virginia on
Q: Does marrying a US citizen , during your 5 year lawful permanent resident requirement for citizenship , change the

timeline for citizenship? I am a US citizen. Born here. We will have been married less than 3 years when he hits his 5 year lpr mark. He entered the country on an E1(skilled workers visa).His green card was issued the day he entered the country. And his catagory is E31. Expiration date of green... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 8, 2016

You might have possibly heard some wrong information, marrying a US citizen does not change the citizenship process. But more details are needed as to how he obtained his green card and what was your immigration status during the marriage. Talk to an immigration attorney in private, All the best.... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: My mom&dad came to US in 2000 and stayed for 2 years.They since been living abroad. Dad passed away. Can mom come

How can I get mom to come to U.S. She came in 2000 and stayed about 2 years. She had green card/ssn and went back overseas and lived abroad. Never reentered U.S. She has not come over 10 years plus. Do I apply via I-130 again? In 2010 I tried to have mom come and applied with I-130 and INS... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 6, 2016

First contact an immigration attorney to find out if your mother's permanent residence status is still active. If it is active she will be able to come in to the US and get a new card at the port of entry. If her permanent residence is not active you will have to apply for I-130 again. All the... View More

2 Answers | Asked in Immigration Law for Virginia on
Q: I am in need of advice, my boyfriend is a permanent resident. His permanent residency is set to expire in 3 months

However he has a third degree sex offense, what would you recommend he do? He wants to fix this, but we are now both scared since he has a good job and we will be having a baby soon. I don't want him deported or losing his job, in april he has to present his green card to renew his job. With... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 4, 2016

How did he obtain his permanent residency? And was he convicted before or after receiving the green card? without knowing these vital information it is not possible to answer or help you. Many attorneys including me offer free consultations, so make use of them. All the best.

15 years of...
View More

View More Answers

2 Answers | Asked in Family Law and Immigration Law for Virginia on
Q: My husband is cheeting on me, and has traveled to honduras, he got his green card by me. What can I do?

I want the green card yo be taken from him

Shan Dimitris Potts
Shan Dimitris Potts
answered on Dec 30, 2015

Your husband cheating on you is not a valid reason for revoking his green card. If he has a conditional green card you can talk to an attorney and divorce and he has a chance to lose his green card. The only other option you have is to prove your marriage was a scam and he only married you to get... View More

View More Answers

1 Answer | Asked in Family Law and Immigration Law for Virginia on
Q: Can I delay filing petition for my children as long as their age is less than 21?

I am asylee granted in 2014 and I have two children who live abroad but I don't want to bring them here in USA right now because I'm not strong enough financially therefore, is it mandatory to bring all derivatives with in two years time or is there a possibility to delay the filing for... View More

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Dec 29, 2015

It is not advisable to wait.

1 Answer | Asked in Immigration Law for Virginia on
Q: On March 20th I was at sears and as I was texting I stepped outside the store with some merchandise in my bag.

I was charged with concealment and my sentence was 30 days of jail, suspended for two years. In the immigration interview, I passed the test to become a citizen. I informed the officer about the traffic ticket violations and that I had a case pending in court. The officer told me that the case will... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Dec 28, 2015

Okay you need to first talk to an immigration attorney, if the officer who interviewed you told you that any jail time less than 1 year would not hinder the citizenship process you should not get a denial letter for 30 days jail time. Some details are missing here, work with an immigration attorney... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.