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Virginia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Virginia on
Q: Please, I have a question about USCIS bulletin for October 2017

Please, I have filed I-130 for my wife who resides in the USA with me. She is in legal status now and would like to adjust her status. I am a permanent resident and upon check the USCIS site (https://www.uscis.gov/visabulletininfo) for the month of October Adjustment of Status Bulletin, the USCIS... View More

Gary D. Godman
Gary D. Godman
answered on Oct 5, 2017

While you have filed the I-130, it doesn't sound like you've received an approval. You will have to wait for the approval, then match it to the dates in the second chart of the visa bulletin to see when she is eligible to file the forms to adjust status to that of a permanent resident.... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Can I sponsor my mom if my dad never divorced her?

I am a US citizen. 26 years old. I live in VA with my husband and I want to bring my mother to US from abroad. My dad also lives in VA with his second wife. He never divorced my mother.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 26, 2017

Thank you for your question.

That is irrelevant. You can petition your mother regardless of her marital status.

I hope this helps!

1 Answer | Asked in Divorce and Immigration Law for Virginia on
Q: Can I bring my mom to US if my dad never divorced her and is living with his second wife?

I live in VA with my husband and I want to bring my mom here for my pregnancy. My dad also lived in US with his second wife but he never divorced my mother. I am 26 years old. Can I sponsor my mom to US or bring her on a visit visa if she is not divorced? Thankyou

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 27, 2017

What your mom needs to do is show she will return home after her visit. Family relationships, especially immediate relatives, such as a spouse, are particularly strong connections so the fact that your mother is still legally married to your father could create a problem for a nonimmigrant visa.... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: I am currently applying for naturalization and filling out my n-400 form, will my continuous residence be a problem?

I became a LPR in 2009 when I moved here with my family when I was 11 years old. I am now 20 years old and filling out n-400. I think that my continuous might be a problem. When I was 16 years old, from 2013-2014 I studied abroad in Japan for 11months. Not staying out for more than a year. Of... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 28, 2017

Your application will be denied, because you broke the continuous residence requirement when you left the U.S. for more than 11 months. The information that you have regarding residency is great if the question of abandonment of residency comes up, but you need to have five years of continuous... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: My wife just got her approved for her residence visa. How long does she need to stay in the US?

We like to travel and we want to know the travel limitations once she gets her green card. Does she need to stay in the US a certain amount of time? Thanks

Roger Carl Algase
Roger Carl Algase
answered on Jul 13, 2017

If your wife is going to be outside the US for more than one year, she would need to apply for a re-entry permit before leaving the US in order to be able to return. Short overseas trips should not be a problem, especially if they are for less than six months.

1 Answer | Asked in Immigration Law for Virginia on
Q: I got rfe for my payslips for h1b to h4 COs. I dont have my payslips from Dec 2016 due to maternity leave.

My rfe due date is july 22. My I 94 expires on Aug 31. Suppose my case gets denied when should i leave the country. whether there will be any issues when i go for h4 stamping in my home country. Also if i submit my maternity leave documents from my employer whether my case will be approved

Roger Carl Algase
Roger Carl Algase
answered on Jul 7, 2017

If you can prove that you were on maternity leave and that you intended to return to your H-1B job, there should not be a problem in answering the RFE. You should consult with an experienced H-1B lawyer before taking any action.

Even if you cannot prove that you were planning to return to...
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1 Answer | Asked in Immigration Law for Virginia on
Q: My wife came here on a j1 can she leave her program and move states when we get the Green Card Reciept in 10-14 days?
Juan V. Cervantes
Juan V. Cervantes
answered on Jul 8, 2017

Your question is not sufficiently detailed. Because she's on a J-1, she may be subject to the foreign residency requirement. If this is the case, she will need a waiver.

The procedures for an immigrant petition and a J-1 waiver are complicated. I recommend that you seek the advice of...
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1 Answer | Asked in Traffic Tickets and Immigration Law for Virginia on
Q: My neighbor has been stopped in Virginia and issued a ticket. There were three people in front but only two seats.

Will he under the law 462-855 be required to go to court or can he opt to pay a fine? Concern he has two US born children but doesn't have legal papers. He is Spanish speaker with limited English and has been in US for 15 years.

Roger Carl Algase
Roger Carl Algase
answered on Jul 1, 2017

Your friend needs to discuss this with the best traffic ticket lawyer he can find, to try to resolve the ticket without going to court and without having a criminal conviction on his record that might put him in greater danger of deportation. He should try to get it resolved as a traffic, not... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: I am applying for naturalization. If i get married now, will my spouse get greencard now? She is living abroad

I am applying for my naturalization. If i get married before applying, will my spouse be getting the Green Card soon? If so how long will it take?

Kyndra L Mulder
Kyndra L Mulder
answered on Jun 20, 2017

You may sponsor your spouse to obtain LPR status. There is a procedure for this. It is not automatic. I suggest you work through an experienced immigration attorney.

1 Answer | Asked in Immigration Law for Virginia on
Q: I am F1 student in US. My wife is Canadian citizen who wants to do medical externship in US? F1 or B1/B2?

My wife is a Canadian citizen looking for a medical externship in US. I am F1 student in US. What is the right way to have her stay with me and also do the externship? F2 or B1/B2? She may not need B1/B2 as she is Canadian citizen.

Roger Carl Algase
Roger Carl Algase
answered on Jun 17, 2017

F-1 should be the way to go here.

1 Answer | Asked in Immigration Law for Virginia on
Q: Is it an issue to visit Pakistan while I am applying for US citizenship?

I am a Bangladeshi born citizen currently residing and working under US green card. I am planning to marry a Pakistani girl. Will it be any issue to have a Pakistani stamp in my passport while I apply for citizenship? Is it an issue to visit Pakistan while I am applying for US citizenship?

Roger Carl Algase
Roger Carl Algase
answered on Jun 7, 2017

No. That should not be a problem. It is possible that you might be asked a few questions about the reason for your visit when you return to the US, or at your citizenship interview, however, given current attitudes toward Muslim countries in general at high levels of the U.S. government.

1 Answer | Asked in Immigration Law for Virginia on
Q: Laid off on H1B, 60 day clock reset when exactly?

I got laid off on April 19. I got an offer from a company in DC and they've started the transfer process. However currently they're waiting for lca approval and then my company will have to sign and then they'll send out the h1b petition. Does my 2 month clock not go away until I... View More

Roger Carl Algase
Roger Carl Algase
answered on Jun 7, 2017

Here are some answers:

1) The 60-day grace period is counted from the day of leaving the H-1B job with Company A. The new H-1B petition by Company B must arrive at the immigration office within that period. It doesn't matter if the filing receipt comes later.

2) As soon as the...
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1 Answer | Asked in Immigration Law for Virginia on
Q: RFE for joint sponsor tax documents for recent year. They haven't filed this year yet but we filed the papers before the

end of the tax season. So do they want this years evidence or last years?

Gary D. Godman
Gary D. Godman
answered on Jun 2, 2017

Sounds like they want this year, which by now is already due to the IRS. If it's unclear, please speak to an immigration attorney to review your documents. You don't want to get the case denied for sending in the wrong paperwork.

2 Answers | Asked in Immigration Law for Virginia on
Q: I just married a woman who came here originally on a pol asylum visa which is still in the works. Can we just ...

can we now just do the I-130? Will that 'cancel' the previous asylum paperwork she's already submitted a couple of years ago to USCIS (she hasn't had her interview yet)? Thanks!

Gary D. Godman
Gary D. Godman
answered on May 23, 2017

It should not cancel her pending asylum application. The marriage route could end up being faster than the asylum route, depending on how she entered the US (with a visa or not). Reach out to an immigration attorney to go over her situation. If she has an attorney for the asylum case, that... View More

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1 Answer | Asked in Immigration Law for Virginia on
Q: What can be done with the assets of a person with a TIN# income tax up to date (home, car, bank acc) before deportation
Gary D. Godman
Gary D. Godman
answered on May 23, 2017

A person in danger of removal/deportation can execute a power of attorney to allow another trusted person to manage his or her affairs if forced to leave the country. It is also possible to execute documents to provide for the care of children. This is a hot topic with immigration attorneys right... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: About the absence of the petitioner because she is outside the US.

My interview for the Green Card would be next month (June, 20) but unfortunately, my wife (the petitioner with the US citizen) just went to visit her family because her mother is sick. Therefore, she will not be able to come back to the US before the interview. my question is:

Should we go... View More

Gary D. Godman
Gary D. Godman
answered on May 18, 2017

She needs to be there. With enough notice, you may be able to postpone the interview by letting the USCIS know by responding to their appointment letter or by making an INFOPASS appointment, but it would be must faster for your process if she were able to be back for the interview.

1 Answer | Asked in Immigration Law for Virginia on
Q: A good friend from China has been married for over two years; his partner is becoming unreliable, and he is consideriing

separating for a year; will he be able to maintain his green card?

Gary D. Godman
Gary D. Godman
answered on May 18, 2017

Possibly. He needs to speak with an immigration attorney before taking any action to make sure he is not placing his status in jeopardy.

2 Answers | Asked in Criminal Law, Immigration Law and Appeals / Appellate Law for Virginia on
Q: can I reopen case after 15 years, if it's now a problem and I was not advised of my rights as immigrant LPR

Even if post conviction relief. Is the lawyer Lying when he say I can.

Susan Fremit
Susan Fremit
answered on May 12, 2017

Unfortunately no, it is too late.

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1 Answer | Asked in Immigration Law for Virginia on
Q: My girlfriend is a US citizen and she is working here. Im an Australian citizen on E3 visa. we want to get marry her

Hi, My girlfriend is a US citizen and she is working here. Im an Australian citizen on E3 visa. we want to get marry here in US. We both are divorced already and this is our second marriage. So please help me with the immigration process.. Thanks

Matthew J Hartnett
Matthew J Hartnett
answered on May 10, 2017

Consider sitting down with an immigration lawyer to discuss the process. This will help answer general questions and sometimes even case specific questions.

1 Answer | Asked in Immigration Law for Virginia on
Q: Can I extend my J1 Visa while I am in the sate
Gary D. Godman
Gary D. Godman
answered on May 11, 2017

You would have to contact the person in charge of your program. The instructions to Form I-539 to extend status state "If you are a J-1 exchange visitor seeking an extension of nonimmigrant status, contact the responsible officer of your program for information about this procedure."

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