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Virginia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Virginia on
Q: Under an E-2 visa, what proportion of a business' capital would typically be considered "substantial"?

I am a citizen of Egypt. I am considering opening a consulting business, so the costs would be relatively low. Does this mean I would need to invest 100% of the capital?

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Sep 9, 2015

Seek advice from an experienced immigration attorney. Good luck. www.aba-us.com

1 Answer | Asked in Immigration Law for Virginia on
Q: Is there a way to expedite sponsorship for 30 yrs old special needs sister dependent on my parents?

I'm a US Citizen and planning on sponsoring my parents and sister's green card. My sister is 30 years old and special needs. The issue is that my parents will get their green card quickly in a year or two, while sister's will take 10 to 12 years and my parents are very old. They are... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 31, 2015

If you are a US citizen you can sponsor your sister directly instead of doing it through your parents. You can apply for a F4 visa which will expedite the process, since she is already in the USA. All the best.

15 years of successful immigration law experience. The answer above is only...
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1 Answer | Asked in Immigration Law for Virginia on
Q: Am permanent resident. Have been married to US citizen for 3 years. Left because of abuse.

Abuse has been ongoing from start of marriage. Have been in Shelter twice. Could not take anymore. Can I apply for citizenship?

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 31, 2015

You can not apply for citizenship just because you are being abused by a US citizen, that does not quailfy for a citizenship. To tell you if you can apply for citizenship or not, we need to know two things. How did you become a LPR and how many years it has been since you became an LPR. Contact an... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Hi dear, My name is Kamal, my wife is U.S Citizen and we would like to apply my permanent residency application.

I have entered in USA as student on F-1 visa. i have lost my status because of the circumstances out of my reach and my school. I have applied for re-in statement of status but denied 3 months ago. I'm born in INDIA and i'm looking for advice on my case

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Aug 31, 2015

Seek advice from an experienced immigration attorney. Good luck. www.aba-us.com

1 Answer | Asked in Family Law and Immigration Law for Virginia on
Q: Do I need to file for divorce here if I was married in another country and never got any documentation from the US?

I married my husband in Ghana. We have the official marriage certificate and used that to get his visa and permanent residence here in the US. We lived here for 4 years and had the conditions removed. We are now separated and I want to file for divorce. My friend told me that since we never got... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 21, 2015

You should listen only to a local family lawyer about this. Go see one.

1 Answer | Asked in Immigration Law for Virginia on
Q: What can we do to start my boyfriend's process to becoming a citizen?

My boyfriend came to the united states when he was just 3 years old, he is now 23 and we just had a baby. I am a citizen of the UNITED STATES, we have been together for over 4 years now. What can we do to start his process and what will we need?

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

Did he enter the US legally (was he inspected and admitted) or any other complications? This makes the difference between hiring an attorney to handle the matter.

2 Answers | Asked in Immigration Law for Virginia on
Q: I had filed I130 for my sister couple of years ago Can the priority date for 130 be used for 140 GC filing?

Her employer is planning to apply for GC and can the earlier priority date of 130 be used for this?

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Nov 8, 2015

The answer is NO

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1 Answer | Asked in Immigration Law for Virginia on
Q: How long does it take to change from f2 to f1?

i have applied in March 2015 and I have not received my visa yet. I had to defer summer semester and Ido not like to defer fall semester (24 August)

What can I do receive my visa as soon as possible?

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

Visas are issued only if you are outside the U.S. Did you file a change of status in the US? If so, it depends on which Service Center it went to; California is taking 2.5 to 3 months whereas Vermont is taking about 12 months (yes, one year).

1 Answer | Asked in Immigration Law for Virginia on
Q: I came with my mother to usa when I was 6.my mother had a f1 visa and I had a f2 visa. We overstayed our visa date.

We overstayed our visa date by 10 years. And I was 16 when we wanted to return back to our country and left USA. Now 20 I want to know if I can return to usa or if I'm banned to ever return.

I was thinking I can go to us because I was a minor when I left USA. Need some help

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

First, the "visa" expiration date does not matter; how much longer did you remain after your I-94 expired? If more than one year, then you are subject to the 10-year bar. Unlawful presence is not counted for the time you were under 18 years old. However, if you remained outside the US... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: How do i get green card? Full question is in the details.

I am a business man. I am married. I have 4 children My wife and my children currently live in Malaysia with student visa. We all have Bangladesh passport. So now we want to shift to usa. So how is that possible? We want amercan green card. My niece live there she is married with a american... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 23, 2015

You may be able to get visa through investment, and you might be able to petition for your wife and kids too in that way. But you getting a green card is not that simple, you will have to talk to an immigration attorney in private. This is a public forum and the attorneys will not go into details.... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: L1-B blanket

My husband is on L1-B ( valid till - 2017), I-94 (2017), but his petition I129s is going to expire soon (22nd July 2015). We want to travel to India in the month of October. As per our understanding we cannot enter US with expired petition, can you pls suggest any other way to enter US without... View More

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Jul 21, 2015

Seek advice from an experienced immigration attorney. Good luck. www.aba-us.com

1 Answer | Asked in Immigration Law for Virginia on
Q: DACA came with no visa

I have the Deffered action and my fiancé is going into the airforce can I go with him once we get married even if I don't become a citizen or can he make me a citizen prior to going on base ? I came when I was 3 with no visa

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Jul 21, 2015

The stated facts create a complex case.

Seek opinions from an experienced immigration attorney. Good luck. www.aba-us.com

1 Answer | Asked in Immigration Law for Virginia on
Q: My Cousin Entered Illegally to the USA when she was only 1 year old can she request a visa in Peru?

hello! my cousin entered illegally to the us with my aunt can she request a visa now at age 15? she would love to visit me and my family but cant because shes scared they might deny it and not let her request a visa again for a month and it would show upon her registration ... please help

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 20, 2015

She needs to have someone who is willing to sponsor her, she might be eligible for DACA but you should really consider talking to an immigration attorney to know if she is eligible for DACA. I highly recommend you talk to an immigration attorney so they can help you cousin. All the best.... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: I am a dreamer and im applying for college. The only option im given is c14 deferred action is that the same as c33?

I know im not a citizen so for my citizenship status I chose alien temporary. But no other option relates to me other than c14 deferred action? Is that the same as c33? Which is what I chose when applying for DACA. Please help!

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

Dreamer is "Deferred Action for Childhood Arrival" which is different than "Deferred Action" for adults.

2 Answers | Asked in Immigration Law for Virginia on
Q: if I have a student visa can I go vist other counties

I would like to go on a cruise

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Jul 14, 2015

It depends

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1 Answer | Asked in Immigration Law for Virginia on
Q: Hello, I am a green-card-holder through marriage to a US citizen since December 2012.

My mom is in the US with a J1 visa but her contract ends at the end of July 2015. She wants me to sponsor her but I need to know:1. When will I be eligible to become a citizen in order to sponsor her? If I was granted the temporary green card on December 2012, and I am currently on a green-card one... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 10, 2015

If you wish to sponsor your mother you will have to become a citizen first. When you will be eligible depends on how you received your green card. There are a lot of ways people get temporary green cards. Once you find out when you are eligible to become a citizen you can think about the rest of... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: If my husband tries to cross the boder illegaly and gets caught will they let him go since Im a citizen and pregant?

I am 5 months pregnant currently living in Mexico with my husband for a year now I am an american citizen. I want to go back home to Virginia to have my baby so that he is a citizen like me but my husband is my only financial provider so if he tries to cross iilegaly and gets caught will they let... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 8, 2015

Unfortunately no, Customs and border patrol are more like machines..they do not consider your situation or your feelings. The best thing to do for you is to go to USA and file a petition for your husband to get a green card it should take less than 6 months if done properly. you can have him... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: I have conditional green card my one year son is American national should I get permanent green card on my son basis ?

Cuz my husband wants to give me divorce and I don't want to live without my son he is too young just one year old

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Dec 6, 2015

You can locate general / additional answers to your question at http://aba-us.com/other-services/?lang=en. Good luck.

1 Answer | Asked in Immigration Law for Virginia on
Q: My sister is threatening to cancel my category F4 immigrant visa , what can i do to prevent this?

my case is approved in 2012 and I have a case number

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Jun 21, 2015

Seek for advice from an experience attorney. Good luck. www.aba-us.com

1 Answer | Asked in Immigration Law for Virginia on
Q: Will Social assistance affect my immigration to the USA?

We have some concerns regarding inadmissibility. My fiance (Canadian citizen) is having some dental issues. She does not have dental insurance and dental care is not covered by Canada's nationwide healthcare program. There is a social assistance program that temporarily helps with dental... View More

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

It is never helpful to obtain public assistance (as that presumes you will do the same when you are in the U.S.). Get off of it ASAP. That being said, it should not make you "inadmissible."

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