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Virginia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Virginia on
Q: Applying for F1 visa.

My Nephew is here on a visitor visa (almost 30 days now). He would like to start his masters in usa. We know the steps of this process. We would like to know if any legal agency deals with such a process or can take care of submitting documents to USCIS once we have I-20. As we wanna make sure... View More

James L. Arrasmith
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answered on Nov 29, 2023

For your nephew's F1 visa application process, it is indeed possible to engage a legal agency or an attorney to assist with submitting documents to USCIS. Many law firms and legal professionals offer services related to immigration and visa applications. They can ensure that all necessary... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: I want to do court marriage in January with my husband in India can my husband apply for student visa after that can he

Will my court marriage effect his student visa?

James L. Arrasmith
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answered on Sep 14, 2023

A court marriage in India should not directly impact your husband's ability to apply for a student visa. However, immigration requirements can vary, so it's crucial to consult with an immigration attorney or the appropriate authorities to ensure all visa application requirements are met.... View More

1 Answer | Asked in Criminal Law and Immigration Law for Virginia on
Q: Hi, Will my 2 misdemeanors present a problem with me vacationing / immigrating to Mexico?

Hi,

I am an American Citizen that plead guilty to 2 misdemeanor charges in August of 2014:

DWI, 1ST , Misdemeanor

DRUGS: POSSESS SCH I OR II, Misdemeanor

I completed a 6 week rehab program and since then have not even received a parking ticket. I have no other... View More

James L. Arrasmith
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answered on Sep 3, 2023

While I can offer legal perspectives based on U.S. law, I cannot guarantee how Mexican authorities will treat your entry given your misdemeanor convictions. Being transparent and following Mexico's entry requirements will be crucial. If you encounter issues, it would be best to consult the... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Virginia on
Q: Hi, Will my 2 misdemeanors present a problem with me vacationing in Mexico?

Hi,

I am an American Citizen that plead guilty to 2 misdemeanor charges in August of 2014:

DWI, 1ST , Misdemeanor

DRUGS: POSSESS SCH I OR II, Misdemeanor

I completed a 6 week rehab program and since then have not even received a parking ticket. I have no other... View More

James L. Arrasmith
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answered on Sep 3, 2023

Mexico generally allows U.S. tourists to enter without a criminal background check for short visits, but it is within the discretion of the border agents to allow or disallow entry. To minimize issues, make sure you have all required documentation in order, including a valid U.S. passport. If you... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Complicated K1 Visa- Adjustment of Status

We applied for a K1 visa in 2021. After more than a year of waiting, we married, formally withdrew the I-129F application, and filed an I-130 application. Four (4) months after canceling the I-129F application (and 2 months after we filed our I-130), USCIS mailed us an I-129F approval letter. We... View More

James L. Arrasmith
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answered on Sep 3, 2023

You do not need to re-marry for the adjustment of status process. The same marriage license that you filed with your I-130 application can be used for your I-485 adjustment of status application. Ensure that all documentation submitted is consistent and accurate to avoid any issues with USCIS.

2 Answers | Asked in Immigration Law for Virginia on
Q: Can I keep my girlfriend here in the U.S from Australia?

Hello, My Australian girlfriend is traveling on an ESTA to the U.S From October to January and I was wondering if it is possible to be able to marry her within this time and file for an Adjustment of status before she has to go home? I have many concerns as to if it is possible. I want to propose... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 11, 2023

A US citizen can sponsor a foreign national, who enters the United States on ESTA, and sponsor her for a green card. You may run into issues if you are deployed, primarily because you would still need to attend the marital interview. You should retain counsel here in the United States to process... View More

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2 Answers | Asked in Immigration Law for Virginia on
Q: Can I file my Australian girlfriend for adjustment of status in the U.S if I marry her?

Hello, My Australian girlfriend is traveling on an ESTA to the U.S From October to January and I was wondering if it is possible to be able to marry her within this time and file for an Adjustment of status before she has to go home? I have many concerns as to if it is possible. I want to propose... View More

Artur Tunyan
Artur Tunyan
answered on Jul 11, 2023

Your plan "for an Adjustment of status before she has to go home" has a significant weakness, assuming you are a US citizen and all goes well with your marriage. After your marriage, you may apply for an adjustment of status. The adjudication may take several months. However, your new... View More

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1 Answer | Asked in Immigration Law for Virginia on
Q: Hello I am a green card holder for over 20 years and like to get a passport but have been denied in the past.

Hello I am a green card holder for over 20 years and like to get a passport but have been denied in the past. Wondering if there is a time period after which I am guaranteed passport regardless if I have been denied in the past.

Kevin L Dixler
Kevin L Dixler
answered on Jun 2, 2023

More information is needed. You are required to file for citizenship by naturalization with USCIS and be approved before you can file for a U.S. passport.

If you falsely claimed to be a US citizen by first filing for a US passport, then you may have created more serious trouble. I strongly...
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2 Answers | Asked in Immigration Law for Virginia on
Q: I Paid a 10,000 dollar immigration bond about 6 years ago and never received my money back, what can I do?
Monica E Rottermann
Monica E Rottermann
answered on May 30, 2023

Do you know if the removal proceedings are still pending? You would not be entitled to your money back until the case was completed and the respondent did not breach the bond terms. Typically, once the case is over, ICE mails the bond obligor a form, informing the obligor that they are entitled to... View More

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3 Answers | Asked in Bankruptcy and Immigration Law for Virginia on
Q: How will prior year taxes in repayment affect my spouse's naturalization interview outcome?

I am a U.S. citizen currently in a Ch 13 bankruptcy. My spouse is not included as a debtor. I am the primary listed on the joint returns. We have no unfiled returns. My spouse has a naturalization interview coming up, and we want to know how these taxes in repayment will affect the outcome of the... View More

Bernard S. Via III
Bernard S. Via III
answered on Apr 12, 2023

11USC525 a says "a governmental unit may not deny, revoke, suspend, or refuse to renew a license, permit, charter, franchise, or other similar grant to, condition such a grant to, discriminate with respect to such a grant against, deny employment to, terminate the employment of, or... View More

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2 Answers | Asked in Immigration Law for Virginia on
Q: I got a VISA denial for my children who are derative applicants covered by CSPA according to NVC then what should I do?

We have an email from NVC confirming the eligibility of the children and also if we calculate the age accordingly then the age after the priority date till the date the application becomes current is below 21. Should we move a motion for appeal or request the embassy we had got the interview done... View More

Monica E Rottermann
Monica E Rottermann
answered on Apr 3, 2023

You would have to submit an inquiry to Legalnet, challenging the officer’s determination that your children are not CSPA protected. There are very precise requirements that must be met when emailing Legalnet and you can read more about those here: https://fam.state.gov/fam/09FAM/09FAM010304.html... View More

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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... View More

James L. Arrasmith
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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... View 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... View 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... View 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:... View 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... View 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... View 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... View 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... View 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... View More

Fariba Faiz
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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... View 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... View 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... View More

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