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Virginia Immigration Law Questions & Answers
1 Answer | Asked in Adoption, Immigration Law and Civil Rights for Virginia on
Q: If my father is Puerto Rican citizen am I?

He had his rights terminated when I was 3 or 4, but does that change my legal status?

Carl Shusterman
Carl Shusterman
answered on May 6, 2018

You need to discuss this with an attorney who is familiar with the law in Puerto Rico.

1 Answer | Asked in Immigration Law for Virginia on
Q: Is it legal to enter the US on a non-immigrant L1 visa after being married to a US citizen?

One marries a US citizen abroad. After the marriage, one enters the United States on a non-immigrant L1 visa and then subsequently their spouse files an immigrant petition and adjustment of status for them based on their marriage. The person entered the US with the intent that their spouse will... View More

Carl Shusterman
Carl Shusterman
answered on May 4, 2018

That is perfectly acceptable since an "L-1" is a "dual intent" visa.

1 Answer | Asked in Immigration Law for Virginia on
Q: I’m a green card holder. I will apply for passport in January 2019.

I’m a green card holder. I will apply for USA passport in January 2019. My husband is on his working visa here. According to his contract he has to go back to Norway from October 2018-October 2019.in this period he will not have work visa (only ESTA). I would like to go with him. Is there any... View More

Carl Shusterman
Carl Shusterman
answered on May 2, 2018

You must be an American citizen in order to apply for a US passport.

1 Answer | Asked in Immigration Law for Virginia on
Q: Can I petition I 130 and apply for adjustment of status while my Hasband is in the US with a visitor visa?

I am a US citizen and married to a foreigner a year back & we got a baby girl. He has visited me in the US a couple of times before our marriage, He is now in the US with visitors visa. Our marriage takes place in Ethiopia legally and we do have all the legal document. I need to keep him in the... View More

Carl Shusterman
Carl Shusterman
answered on May 1, 2018

Yes, but you may want to wait until he has been in the US for 90 days.

The process begins with the U.S. citizen filing Form I-130, Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS). By filing the Form I-130 petition, you are establishing the existence of a...
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1 Answer | Asked in Immigration Law for Virginia on
Q: Can I transfer from a tourist to a student visa and how hard is it to be approved? (what are my chances?)

I'm from Poland and I'm currently enrolled in an online bachelor degree program (in Poland).

I'm in the US now (on a tourist visa) and I'm considering attending Community College here.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Apr 23, 2018

It is certainly possible to change status from a tourist to a student. There are timing issues, in that you can’t get your status changed more than 30 days prior to the start of your program, and there are financial ones as well—student visa holders are very limited to the work they can do in... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Should I just file I751 form while I’m still waiting for my denial in using the. I 90 form?

I mistakenly file I90 form to remove the condition of my green card. I did not realize it until I went for my biometric

Carl Shusterman
Carl Shusterman
answered on May 12, 2018

Yes, you must submit your I-751 petition before the 2-year conditional residence period expires.

2 Answers | Asked in Immigration Law for Virginia on
Q: I’m a permanent resident. Im about to marry a non us citizen, what procedures should i do for him to move here?

How long does it takes and what should i do?

What are the procedures for him to be able to stay here?

Elisha F Svosve
Elisha F Svosve
answered on Mar 20, 2018

The answer you seek is based on several factors beyond the detail presented in your question. Consult an immigration lawyer for a full assessment of your options...Good Luck

Finesse Law Firm

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1 Answer | Asked in Criminal Law, Immigration Law and Traffic Tickets for Virginia on
Q: I was recently pulled over for reckless driving. I haven't appeared in court. Is that summons considered as Arrest

I was recently pulled over and charged with reckless driving by speed [calss 1 misdemeanor] in Fairfax, Virginia. I checked in the Virginia court website about my case details. All I can see is "Offense Date", which shows the date I was pulled over. The Arrest Date is empty. My question... View More

Steve Miyares
Steve Miyares
answered on Mar 19, 2018

Your specific question is best answered by an immigration attorney.

1 Answer | Asked in Immigration Law and Family Law for Virginia on
Q: I'm a naturalized citizen but my last name on my passport and social security don't match. How can I fix this?

Basically my last name differs between my passport and my social security number. One has my grandfather as my last name and the other has my great grandfather as my last name. I can't get a driver's license without correcting this problem so how can I fix it?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Mar 15, 2018

What does your certification of naturalization say? That is the controlling document. Your passport should supersede the name on your social security card. It would be odd for your passport to say something different than your certificate of naturalization. It would have been necessary to submit... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Is Frequent travel to my home country on F-1 OPT EAD acceptable?

I am currently on my OPT EAD. It started in June 2017 and I have been employed since then. I went to my home country in Sept for 15 days and then in Dec for 25 days. Due to my father's ill health..I would again need to travel and I am planning to do that before April 1st..because after that my... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Mar 12, 2018

Sounds as if you’ve got a valid reason for travel, and it sounds as if you have a valid visa and a valid reason to be in the U. S. on that visa. Carry plenty of documentation regarding your need to return home as well as your connections to the US in any case.

1 Answer | Asked in Immigration Law for Virginia on
Q: MyHusband faces deportation need assistance to stop the proceedings.

Need legal assistance

Juan V. Cervantes
Juan V. Cervantes
answered on Mar 11, 2018

Give us a call or email: juan@cervanteslawyer.com or (540) 684-6621

1 Answer | Asked in Immigration Law for Virginia on
Q: My Wife and I have tourist visa, we want to change our visa to student visa. What should we do?

We want to go a school which has ESL course for improve our English. I heard from someone; The school will send our documents to immigration office. And it will take 3 months to take an I-20 or decline. I just want to learn our chance in this situtation. We are still in U.S.A . (since 3 months)

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Jan 22, 2018

It is certainly possible for you to change your status to students.

Schools must keep in close contact with the immigration office. It is recommended that you file your applications more than 45 days before your current status expires. Your new status cannot be granted more than 30 days...
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1 Answer | Asked in Immigration Law for Virginia on
Q: im a greencard holder and I filled form i-130 for my spouse on02/2017 and priority date as02-17 havent receive no more.

I would like to know if my case is out of the normal time or how long the whole process may take

Benjamin Williams
Benjamin Williams
answered on Jan 12, 2018

Here you can check the processing times based on which USCIS office is handling your case. You should be able to find that info on the Receipt Notice: https://egov.uscis.gov/cris/processTimesDisplayInit.do

With your I-130 Receipt Number you can check your Case Status here:...
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1 Answer | Asked in Immigration Law for Virginia on
Q: I 94 expired how long I can stay
Edit Stelczner
PREMIUM
Edit Stelczner
answered on Dec 5, 2017

You were supposed to leave on the day your I-94 expired.

2 Answers | Asked in Immigration Law for Virginia on
Q: I would like to bring my fiancé. I am a US citizen. What would be the fastest and cheapest way to do it?

I am divorced. I filed a I-130 for my ex wife and her son about 10 years ago. Would that make me ineligible to file a petition for my future wife? What's faster and cheaper: bring my fiancé or marry her first and file the I-130?

Elizabeth Nicole Kozycki
Elizabeth Nicole Kozycki
answered on Nov 8, 2017

There are two main routes: you can marry her abroad and then petition for her. Or you can bring her to the United States on a Fiancee Visa, get married within 90 days and then apply for an Adjustment of Status. The cheapest of these depends on your circumstances but generally is the first. By... View More

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1 Answer | Asked in Immigration Law for Virginia on
Q: Is it possible that I’m qualified for citizenship if I marry my fiance ?

I have been in the US since I was 12, now 19, I don’t have a green card or nothing, I have a 3 year old son, I’m currently in a relationship with his father who is a US citizen. Is it possible that I’m qualified for citizenship or something if we get married ?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Oct 31, 2017

If you marry a US citizen, he can petition you. Depending on your circumstances, you might be able to obtain residence in the U. S. without leaving. Talk to an immigration attorney in your area.

1 Answer | Asked in Business Formation and Immigration Law for Virginia on
Q: Can a green card holder have their own business in the US?

I am a Canadian citizen married to a US citizen, but in the process of getting divorced now. I started my own business and I don't want to have to wrap it up and go back to Canada. Does my green card allow me to continue living in the US and continue my business?

Gary D. Godman
Gary D. Godman
answered on Oct 26, 2017

The short answer is yes, a green card allows you to continue living and working in the US. The warning, however, is that a green card obtained by marriage could be "conditional" and require you to renew and submit certain documents after two years. Review your documents to see if you... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: I have an A1 Student Visa. I’ve been in the US since I was 8 years old. Can i apply for green card or citizenship

My father is a diplomat and mights be going back to work in native country.My visa expired the end of next year. What can I do to stay in the US. or at least obtain a green card.

Gary D. Godman
Gary D. Godman
answered on Oct 26, 2017

It is possible, though perhaps a bit more complicated than some other situations. You would need to qualify or be eligible for some other type of visa or a green card, such as by marriage to a US citizen. Consider consulting with an immigration attorney to review your situation and options. Good... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Is skipping the fiance visa process with a surprise marriage while vacationing a viable option?

US citizen interested in marrying Mexican citizen. Either while in Mexico or in the U.S. on a vacation visa.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Oct 11, 2017

If you marry someone out of the country, then instead of filing a fiancée visa petition you would file an immigrant visa petition. Your spouse would enter as an immigrant. If your fiancée is in the U.S. and you marry here, your spouse can adjust status. There are some risks in doing this, so... View More

2 Answers | Asked in Immigration Law for Virginia on
Q: Am married to a usa citizen, how can I get my green card
Gary D. Godman
Gary D. Godman
answered on Oct 6, 2017

It depends on your situation. It will require filing a couple applications, and it could require to you to briefly return to your country in some cases. Consult with an immigration attorney. May can work with you remotely, or there are several qualified immigration attorneys in the Newport News... View More

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