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Washington Immigration Law Questions & Answers
1 Answer | Asked in DUI / DWI and Immigration Law for Washington on
Q: Recently I had court for a dui and they moved forward my court date because im a resident the one representing me

Doesn't know much about immigration so she told me to find someone and see what the consequences are

Kevin L Dixler
Kevin L Dixler
answered on Nov 20, 2022

If you are a green card holder, not just someone with an employment authorization card, then you will likely need to delay filing for naturalization.

You ought to hire a competent and experienced immigration attorney to determine when you should file for naturalization. Also, whether there...
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1 Answer | Asked in Family Law, Immigration Law, Child Custody and Child Support for Washington on
Q: Wife keeping son in Philippines against my will, didn't let him return with me, can I stop her from taking son again?

When my wife (with a US green card) eventually returns with my son (Who is a US citizen) to America, can I prevent her from taking him back to the Philippines and keeping him there against my will again?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

In some cases a custodial parent has a primary decision making ability with respect to the minor's whereabouts.

For instance, if the second parent lost or never obtained an ability for shared parental responsibilities then one may not prevent a legally custodial parent from traveling...
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1 Answer | Asked in Immigration Law for Washington on
Q: Will a person with H1-B visa (cap-subject; approved I-140) need to ever go through lottery while changing employers?

Background: An individual with an H1-B cap-subject visa and an approved I-140, currently employed by a for-profit employer (say Google)

Step 1: Moving from a for-profit employer (Google) to a non-profit employer (say Harvard).

Step 2: Moving back from the non-profit employer... Read more »

Carl Shusterman
Carl Shusterman
answered on Aug 2, 2022

The issue is whether you previously were selected in the H-1B lottery. If so, you do not need to go through the H-1B lottery again. However, if you did not go through the H-1B lottery because your previous H-1B employers was cap-exempt, you will have to go through the lottery if you wish to work... Read more »

2 Answers | Asked in Immigration Law for Washington on
Q: How do I prove when I left the country in 2000?

I submitted my i485 adjustment of status application. They responded to me with an RFE asking for proof of when I left the US in the year 2000.

I no longer have the passport that I used when exiting the country. I have put in two CBP FOIA requests as well as a USCIS FOIA request. All of... Read more »

Namita Agarwal
Namita Agarwal
answered on May 5, 2022

The FOIA is good but that doesn’t provide the information, you will need to provide a notarized statement explaining the situation. May be worthwhile to have an attorney review and assist with this response. Good luck!

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1 Answer | Asked in Immigration Law for Washington on
Q: Can I apply for my green card while my husband is applying for his citizenship?

Mg husband is applying for his citizenship through military, can he sponsor me to get my green card at the same time or do we have to wait until he gets his citizenship first?

Kevin L Dixler
Kevin L Dixler
answered on Feb 25, 2022

There is another form of relief that you may pursue if your husband is active, not merely a reservist. I suggest that you consider that option while you wait for him to become a U.S. citizen. There is the possibility that there are other options, but I recommend that you seek a consultation with... Read more »

1 Answer | Asked in Immigration Law for Washington on
Q: How can I restart my asylum clock while I’m in process of removal proceeding.

My asylum application has referred to an immigration judge due to failure to appear interview. However, my previous attorney didn’t notify me about this interview and he changed the address as his address. Thus, I didn’t receive any notifications from USCIS, which caused my case has been... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Feb 16, 2022

There are a number of applicants whose attorneys never received notice for the asylum hearing. This is not necessarily the attorney’s fault.

The law requires that USCIS send notice. The USCIS claims that it is not responsible if notice is ever received. A lawsuit may have to be filed to...
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1 Answer | Asked in Employment Law and Immigration Law for Washington on
Q: How can I stay in the US? I recently had my i485 denied but I don't know why yet.

I am married to a US citizen and have been for over 3yrs, I have been in the US since Aug 2018. I have been working and providing for my family since October 2020 which means my wife and stepdaughter now rely on my presence and income in our family. I haven't received my rejection notice yet... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Feb 5, 2022

Hello,

You really need to see what the rejection notice says. You then need to gather all the evidence of your marriage and make an appointment to see a an immigration lawyer. There could be a very specific reason for the rejection that you say is coming or it could be something general....
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1 Answer | Asked in Immigration Law and Federal Crimes for Washington on
Q: Seek for help that OPT/OPT extension under security check by USCIS (processed more than 8 months)

On Dec 23rd, 2020, my friends and I traveled to Alaska for fun, but the driver accidentally drove into the military base. As the passengers, we cannot control our ability, but all were arrested and issued Penalty Violations of Security & Orders. We're dismissed without prejudice at the... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Dec 29, 2021

This is unfortunate, but a mistake was made by your irresponsible friend. Now, the USCIS seems unwilling to devote time to reasonably adjudicate the EAD OPT applications. I suspect that no action will be taken any time soon. You really ought to hire experienced counsel, not dabble with a pro se... Read more »

3 Answers | Asked in Immigration Law for Washington on
Q: Can asylum case transfer to work visa(H-1B visa)?

I have an asylum case in the immigration court( my hearing date is in 2023), I'm wondering if I get hired from a company, can I transfer my case to an H-1B visa?

Samuil Buschkin
Samuil Buschkin
answered on Dec 27, 2021

The answer to that depends on how you entered the US before you sought asylum.

If you came in without a proper visa, that is entered the US without inspection, you will not be able to do that.

At the same time, if you entered the US with a visitor or a student visa and those are not...
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1 Answer | Asked in Family Law and Immigration Law for Washington on
Q: If I am emancipated in Brasil, will it still apply in the US.

I am not a citizen of the US but I am in the middle of my application for my green card. Just got my biometrics appointment!!

Raymond  Lahoud
Raymond Lahoud
answered on Dec 11, 2021

Thank you for your question. More information is needed to better answer your question. You note that you had your biometrics taken. What was that for?

2 Answers | Asked in Immigration Law for Washington on
Q: question about a marriage green card.

I have an asylum case in the immigration court( my hearing date is in 2023) and I'm going to marry a USC. I'm wondering will immigration investigate marriage in my case? If so, they will usually investigate before the interview or after? But since my case is already in the immigration... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Dec 4, 2021

USCIS, not the immigration court, will examine the bona fide merits of your marriage to ensure it's a real and not a fake marriage. There are many different types of evidence they request and expect.

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1 Answer | Asked in Immigration Law for Washington on
Q: How long does it take for marriage a green card if I'm in asylum status?

I have an asylum case in the immigration court( my hearing date is in 2023) and I'm going to marry a USC. I'm wondering should I request a motion to delay my asylum case and submit my I-130 form at the same time. In my case, how long does it usually take for I-130 approved? I'm in... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 26, 2021

You need to consult a licensed immigration counsel as there are many pitfalls in that fact pattern. You do not have the luxury of making a mistake with that case.

1 Answer | Asked in Immigration Law for Washington on
Q: how long does it usually take for a marriage green card if I have an asylum case in the immigration court?

I have an asylum case in the immigration court( my hearing date is in 2023) and I'm going to marry a USC. I'm wondering should I request a motion to delay my asylum case and submit my I-130 form at the same time. In my case, how long does it usually take for I-130 approved? I'm in... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 4, 2021

Requesting to postpone an asylum hearing would be a mistake. You are asking the same fact pattern worded differently in other posting, without realizing that you will damage your personal case and your future in the United States acting without an experienced legal advice.

3 Answers | Asked in Immigration Law for Washington on
Q: Hello, How to apply for a marriage green card? I have no idea where to start and how to fill out forms. Thank you.

I'm an asylum status in the united states, and I have an individual hearing in the immigration court on Sep 12. 2023. However, my boyfriend and I have decided to get married. I'm wondering how can I transfer my case to a marriage green card and how can I start? I really need help since we... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 23, 2021

In basic terms, you need to file a concurrent package of federal forms Along with other evidence of a bona fide relationship, marriage, with proofs and supporting documents and have an LPR approval prior to your Asylum interview. In my professional opinion that this should be done with a trained... Read more »

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1 Answer | Asked in Immigration Law for Washington on
Q: I'm inquiring about green card eligibility for a G-1 Visa holder's daughter, (who is also a G-1 visa holder).

I'm inquiring about green card eligibility for a G-1 Visa holder's daughter, (who is also a G-1 visa holder and has stayed in the U.S for five years, and will attend college in New York, meaning she'll have stayed in the U.S for seven years between the ages of 5 and 21 as stated in... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Nov 23, 2021

It is possible, but all adjustment applicants must 'not be' otherwise inadmissible. Other requirements may create challenges. A person's ability to adjust status also depends upon the discretion of the Attorney General. It is not obligatory. I strongly recommend an appointment... Read more »

2 Answers | Asked in Immigration Law for Washington on
Q: How long is the 1-130 approval valid for before submitting the DS 160? Does it expire?

Due to a lot of delays, it takes a while before I get to complete all the requirements needed for submission.

Adan Vega
Adan Vega
answered on Nov 13, 2021

Apparently, you are intending to process the case with the NVC and the U.S. consulate by filing the DS-260. The approval of the relative petition (FORM I-130) can be “cancelled” by the National Visa Center (NVC) if you fail to maintain contact with that agency and you allow a year to lapse.

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2 Answers | Asked in Contracts, Immigration Law and Tax Law for Washington on
Q: Hi. I would like to open an LLC with two other partners in WA state. None of us is a US resident. Can we do it?

All of us partners live abroad, not in the US and none of us has green card or citizenship. What do we need to register and start the business and what tax policies are we facing in WA state as non residents?

Thanks for any help!

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Nov 13, 2021

There are a few business visas you may qualify for. It sounds like investor visa's may be the avenue best suited for you. An investor visa requires a substantial investment provided you are from a treaty country . It would be wise to make your first investment into the retaining of an... Read more »

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2 Answers | Asked in Employment Law and Immigration Law for Washington on
Q: When do I need to pay back breach of work contract? Contract says I owe $13,500 after leaving company.

I came to America on a job contract which is for 30 months. I left the job after 4 months working to go to a job that pays a lot more money. The contract states I will need to pay $13,500 back to them for expenses bringing me to America. My question is when do I need to pay this $13,500 back to... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Nov 1, 2021

You should immediately speak with an immigration attorney and take a copy of the contract with you. US laws are specific about things like these so you need to make sure the employer is not trying to scare you.

Good luck!

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2 Answers | Asked in Immigration Law for Washington on
Q: Cancelation of removal.

I entered US in May,2013 as a J1 Visa Holder and overstayed visa for almost 9 years. Now I'm married to a husband in same status and have a 2 years old child.

My question is do we have any chance of winning the cancellation of removal if we pass the 10 years, never convicted, clean... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 10, 2021

You may even consider adjusting to LPR is currently married to a USC spouse absent precluding criminal history and having proper admission to the US on a valid J-1.

Discuss jour options further with a reputable immigration counsel.

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1 Answer | Asked in Immigration Law for Washington on
Q: Hi! I am in US with a B2 visa together with mu husband. I have applied to attend a College and have been approved.

I have added my husband as dependent and the College will issue I-20 for both of us. I know I have to apply for change of status from B2 to F1 visa. Does my husband has too apply for change of status too if he will be a dependent? If yes, for what king of visa? Thank you

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Sep 2, 2021

You are the F1 and your husband will need to apply for the F2 unless he plans to comply with his visitor visa.

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