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Virginia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Virginia on
Q: I am legal permanent resident since March 2014. When can I apply for citizenship?

I am legal permanent resident since March 2014. I got my green card through EB5 entrepreneur program. On Mar 2016 I applied for condition removal and my application is still pending.

When Can I apply for citizenship: is it 5 Years after March 2014 or 5 years after condition removal?

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

5 years after you received the conditional green card - assuming your conditions are removed.

You can send in the application up to 90 days before you hit 5 years.

1 Answer | Asked in Criminal Law and Immigration Law for Virginia on
Q: Will I be detained or arrested at Dulles airport for a non extraditable misdemeanor warrant from October 2015 in DC?

I have what I am told is a non-extraditable warrant for a misdemeanor filed against me in Washington, DC, since October 2015. It accuses me of having "said" something on Facebook which was deemed "threatening." I did not do this. I must arrive at Dulles airport around the... View More

Steve Miyares
Steve Miyares
answered on Apr 26, 2017

I would recommend you contact an attorney who is specifically licensed and practices in D.C. I would also advise that regardless of whether you get stopped at the airport this time, you should consult privately with an attorney to try to resolve the issue of the outstanding warrant. Anytime you... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: I’m a natural-born American citizen living overseas, about to marry a Filipina woman. We don’t expect to live in the U.S

As far as I can tell from the USCIS site, to get her a green card once we’re married, I just fill out a form I-130 and we wait: https://www.uscis.gov/family/family-us-citizens It looks like it’s no problem for us to live overseas while we wait for the application to be processed, and that the... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Apr 19, 2017

Yo are partially correct. The Alien Relative Petition is the first step. Your wife will need to complete the Application to Adjust Status to that of an LPR. However, specific rules apply to LPR status. Resident means resident. Your wife and you do not have a residence in the United States. Only if... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: I filed form I-130 for my spouse. She came to USA on VisaWaiver Program. Can we apply for Adj of Status so she can stay?

I am a US citizen. My wife is a Canadian and she lives in Canada. At the time I filed form I-130 for her, she was living in Canada. However, she came to USA this week on a visa waiver program. It has been a month since i filed I-130. I-130 has been accepted, but has not been aproved yet. Can we... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Apr 14, 2017

No. Your wife can not adjust status inside the United States if she entered on the VWP. She will need to leave the country and apply for a visa. Make sure she does not overstay which could result in her needing a waiver to return.

1 Answer | Asked in Immigration Law for Virginia on
Q: i am preparing N 400 for my mother. they asked information about her kids.They are asking for A number.

i am USA citizen and don't remember "A "number since they took my green card back during ceremony. WHAT SHOULD I DO?

Gary D. Godman
Gary D. Godman
answered on Mar 27, 2017

It should appear on your Naturalization Certificate. Look at that and any other paperwork you had from the citizenship process.

1 Answer | Asked in Immigration Law for Virginia on
Q: I am a US born citizen and will turn 21 on 31st May 2017, Can i submit i-130 petition in April ?

I want to apply for immigrant visa for my parents, who lives outside the USA. I want to know if i can apply a month before and can use the old edition of form i-130

Kyndra L Mulder
Kyndra L Mulder
answered on Mar 23, 2017

You must be 21 and you can not use the old addition.

1 Answer | Asked in Immigration Law for Virginia on
Q: What happens if you put extra forms in to the USCIS.

We forgot to put in i-864a in the first instance so have had to send more information. I am unsure whether to send 1-864a or just i-864. I am thinking of sending in both. We more than adequately meet the figures of 125% plus X 5% for assets. I just don't want to risk sending both forms to... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Mar 22, 2017

More information is needed in order to know what forms you should file. Read the instructions carefully as well as the RFE or consult with an experienced immigration attorney.

1 Answer | Asked in Immigration Law for Virginia on
Q: I am currently a full time college student and I pay for my own tuition is there a place where I can find a immigration

That can work with me with the cost ?

Gary D. Godman
Gary D. Godman
answered on Mar 20, 2017

I think you'll find that many immigration attorneys offer payment plans, because we know it's a long and expensive process. Reach out to some immigration attorneys and ask - that's the only way to find out for sure. Good luck to you!

1 Answer | Asked in Immigration Law for Virginia on
Q: Will using my combo card to get employment abroad raise issues in relation to my I-485 application?

I received a newly issued combo card (work permit and advance parole) in relation to my application for adjustment of status (I-485) based on a family petition. I expect the adjudication on the I-485 to take a few more months since my priority date is not yet current. In the meantime I am finding... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Mar 19, 2017

Whether leaving the country until your I-485 interview is a good idea depends on how you qualify for a green card.

1 Answer | Asked in Immigration Law for Virginia on
Q: My wife is in jail and facing up to 6 months in prison should I have to wait until she gets out to start the filing?
Gary D. Godman
Gary D. Godman
answered on Mar 19, 2017

Do you mean to start the filing for immigration as your spouse? You need to talk to an immigration lawyer immediately. Depending on her current immigration status, she may be already on ICE's radar due to her incarceration.

1 Answer | Asked in Immigration Law for Virginia on
Q: My wife is jail and facing up to six month in prison should I have to wait until she gets out before I start the filing
Kyndra L Mulder
Kyndra L Mulder
answered on Mar 18, 2017

What are you filing? Try reposting with more information.

1 Answer | Asked in Immigration Law for Virginia on
Q: My fiancé got a B1& will be in the US during June and July. Can I begin the application for his fiancé visa right now?
Kyndra L Mulder
Kyndra L Mulder
answered on Mar 18, 2017

A fiance visa is for someone who is outside the USA and you are bringing them here. If you file the application before his scheduled trip he may not be admitted on his visitor visa because he has shown immigrant intent.

1 Answer | Asked in Immigration Law for Virginia on
Q: My father was wrongfully deported over 15 years ago and I want to know what paperwork and actions do I have to take.

when he had his case his lawyer told him it would look better if he left willingly and he would be able to return later and my father did just that after his case, but what he didn't know was that they ended up putting the deportation sticker on his file without him knowing.

Gary D. Godman
Gary D. Godman
answered on Mar 19, 2017

An immigration attorney can help you and your father submit a Freedom of Information Act (FOIA) request to obtain copies of his immigration file. That is the first step a lawyer needs to be able to say whether there is a path for him to return.

1 Answer | Asked in Immigration Law for Virginia on
Q: I just sent the n-400 the other days. and I just find out that I signed part 18( oath allegiance) . does it problem?
Kyndra L Mulder
Kyndra L Mulder
answered on Mar 9, 2017

This should not be a problem. They will have you re sign. It is a problem if you have not signed the application in the correct place.

1 Answer | Asked in Immigration Law for Virginia on
Q: Lost my original asylum granted letter

How bad is it? I still have my original I94.

The reason why I am asking is because I applied for I 485

Gary D. Godman
Gary D. Godman
answered on Mar 9, 2017

It is not the end of the world - the loss of the piece of paper does not mean you lost your status. However, you have lost PROOF of your status. If you have an attorney assisting with Form I-485, consult with that person. Otherwise, consider filing Form G-639 to make a request for a copy of your... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: My son is a citizen marrying a foreign national/F1 visa. Can she keep student visa, stay nonresident or travel abroad?

Thanks!

Gary D. Godman
Gary D. Godman
answered on Mar 9, 2017

Possibly, but the question for immigration officials will be: what are her long-term plans? If she intends to stay in the US, it may be harder for her to continue to operate on her non-immigrant visa or to reenter if she travels. Help her connect with an immigration attorney (if she doesn't... View More

2 Answers | Asked in Immigration Law for Virginia on
Q: Where can I find an immigration lawyer that does free consultation to start sponsoring a fiance with DACA?
Kyndra L Mulder
Kyndra L Mulder
answered on Mar 5, 2017

Call attorneys and inquire into their consultation fee schedule.

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1 Answer | Asked in Immigration Law for Virginia on
Q: Can a dreamer travel within the US at the moment after Trump has indicated he will protect them?

This dreamer has a removal of deportation but is currently not in trial. Case has to be reopened as this was 19 years ago. Is it still safe to currrently travel? Dreamer has traveled within Us states before. Thanks!

Gary D. Godman
Gary D. Godman
answered on Feb 24, 2017

Hypothetically it is safe to travel within the US...HOWEVER we are seeing reports of passengers on domestic flights being asked for identification by immigration agents. If this dreamer has DACA, he/she is in better shape. However, anyone without a status must be extraordinarily cautious at this... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Are there any chances of approval after a NOID?

I recently recieved a NOID regarding my change of status from B1/B2 to F1. I was curious to know what chances are there for the approval of the COS once the requested evidences are submitted? Does the NOID tend to change the director's decision? I would really appreciate your help!

Matthew J Hartnett
Matthew J Hartnett
answered on Feb 22, 2017

Yes, it's possible to overcome a NOID, but it really depends on the facts presented and the evidence you will be submitting in response. If you don't submit anything, it's unlikely you will succeed.

1 Answer | Asked in Immigration Law for Virginia on
Q: My fiancé has just applied for a B1 visa for a one month medical rotation, and he mentioned that his fiancé lives in

the states as well. We do not plan on getting married since he will be going back to his country of origin to complete the remaining time of his medical school and he plans on working there for a year as well. I plan on applying for his fiancé visa during that period. We just found out that... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Feb 22, 2017

With his application he should submit plenty of documentation to demonstrate that he is going to the USA only for a rotation - the dates of the rotation - when he intends to return to his medical school in his home country. If he has prepares or pre registered that will be great.

A letter...
View More

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