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District of Columbia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for District of Columbia on
Q: Is there any updates or exceptions on green-card holder’s laws after pandemic to stay abroad more than 6 months?

How many months a green card holder can stay outside of United States without having any problems to enter the US again?

Should green card holder shows any proof that how many months he or she has been outside of the US?

Thanks

Rebecca Niburg
Rebecca Niburg answered on Jun 22, 2020

Good morning,

The 6 month rule is less a rule and more of a guideline. Especially during these times, I certainly would make sure you had information about how COVID and travel restrictions have impacted your ability to be in the US. It will come down to whether you intended to abandon...
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1 Answer | Asked in Immigration Law for District of Columbia on
Q: Is there a new update or exception on green-card holder’s laws for staying abroad during the pandemic time?

If i stay outside of The united states under 6 months should i prepare any proof or document about the traveling purpose?

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 18, 2020

Hi, as of right now, there is no new law regarding long stays outside the U.S.for GC holders. There is no harm in gathering documents regarding your travels. It could come handy when you apply for Naturalization.

Besides, staying outside the U.S for less than 6 months will typically not...
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1 Answer | Asked in Immigration Law for District of Columbia on
Q: I am an American, my wife is Peruvian, she worked after the contract & visa expired. I-130 interview?

All the G-5 nanny's under the IDB Bank and their "families", were sent back to their countries, but we were married on 1/19/2019 & filed all the paperwork well before her contract expiration. Biometrics done, temp Real ID done, work permit issued, interview pending but she... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 13, 2020

This isn't tax advice, and you should consult with a tax attorney or CPA for your tax questions.

For her interview, since you filed under, I'm guessing, an I-130 based on marriage, so it's an immediate relative petition. For these, the USCIS does not consider unauthorized...
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1 Answer | Asked in Immigration Law for District of Columbia on
Q: Can a private school terminate a students SEVIS for nonpayment.

Can a private school terminate a students SEVIS for nonpayment. A friend of mine who's an international student (F-1) has been having financial issues due to coronavirus, he asked for more time to make the last payment but the school has been threatening him that they would not let him join... Read more »

Adan Vega
Adan Vega answered on Mar 28, 2020

You can access Studyinthestates.dhs.gov to view all of the reasons that can be used to terminate your registration with SEVIS.

You will note that school suspension is one of the reasons that can be used.

Good luck to you.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Any way to become legal?

I voluntarily departure in 2014 for 3 simple possessions of marijuana. I am married with a u.s citizen for 10 years with 3 kids I am wondering is there any waiver to help me out I came right back as soon as I got to my country

Stephen Arnold Black
Stephen Arnold Black answered on Sep 12, 2019

yes..it appears you would be a successful prospect for a waiver, but more facts would be needed to know. Discuss your case in private with counsel.

2 Answers | Asked in Immigration Law for District of Columbia on
Q: I want to know if I can file for a green card with a pending asylum?

Concerning my case I file for asylum since 2015 but until now I haven't any response

Stephen Arnold Black
Stephen Arnold Black answered on Sep 5, 2019

When you say file for a green car pending asylum, I assume you mean to be the beneficiary of a marriage based spousal petition? Is that accurate?

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: Answer to N-400 Application: Part 10 - 9 - B?

I am filing for my citizenship application (N-400). I need to know what should I put in Part 10 - 9 - B of the form "My Prior Spouse's Immigration status when my marriage ended"?

We get married in the US in 2013 in VA (both on J-1 visa). She went back and I applied for... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Aug 15, 2019

It is not expected that you know everything about your ex-wife. So by witting "unknown" should be sufficient and better than leaving the question unanswered.

Good luck!!

Sincerely,

Patricia C. Wall

Practice Limited to Immigration & Nationality Law

1 Answer | Asked in Immigration Law for District of Columbia on
Q: What is the penalty for someone (green card holder) deliberately creating a false asylum application for their relative?

This is a confidential question.

Paul E. Tennison
Paul E. Tennison answered on Jul 12, 2019

This is a public forum, it is not confidential. I recommend you consult with an attorney about this in person. Obviously it is not good. You are stating that someone has engaged in fraud against the government. If discovered that person could be prosecuted and it may affect the immigration status... Read more »

2 Answers | Asked in Immigration Law for District of Columbia on
Q: How to sponsor parents for green card?

My sister is currently attempting to sponsor my parents in receiving their green cards. My parents are currently on A-2 visas because my dad is employed with the Thai embassy as local staff. They both do not have medical records because rural thailand does not keep track of those very well. I... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jun 25, 2019

You sister can file the visa petitions at the same time your parents file applications for green cards. Your sister will need to show financial sponsorship, too. Your parents will need to get medical exams, and any doctor qualified to do immigration medicals will be able to give them all of the... Read more »

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: Applying for H4 visa after two B2 visa rejections. What is the chance of H4 visa rejection?

My spouse's B2 visa got rejected twice (in two different cities, Kolkata & Delhi, in India) while my H1B visa transfer petition was in process to start a new job. Now my H1B visa is approved and stamped, and my spouse will be applying for H4 on my H1B. What are the chances for rejection?... Read more »

Benjamin Williams
Benjamin Williams answered on May 30, 2019

A B2 visa rejection would not normally affect the H4 eligibility, but it depends why the B2 was rejected. If you're concerned, I would recommend that your wife speak to an attorney in person before applying, just to make sure there aren't any issues that would prevent her from qualifying.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: I received i-130 approved in march 19th. (GC). But, before it reaches NVC i got a notice of intent to revoke. ask Marr C
Sheri A Benchetrit
Sheri A Benchetrit answered on May 30, 2019

You will need to meet with an experienced immigration attorney and provide them with a copy of the approval as well as the notice of intent to revoke. You will also have to give them all the information about yourself which will help them to give you the proper advice. Unfortunately, you have not... Read more »

2 Answers | Asked in Immigration Law for District of Columbia on
Q: Can an American marry a foreigner who has a VISA? & will they be able to stay in AMERICA while awaiting a green card?
Sheri A Benchetrit
Sheri A Benchetrit answered on May 28, 2019

Yes a US citizen can marry a foreigner on a visa. As a general rule, yes the foreign spouse may remain in the US while they are awaiting their adjustment of status to that of lawful permanent resident. In order to make certain that the facts of your case allow this, I suggest that you speak with... Read more »

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3 Answers | Asked in Immigration Law for District of Columbia on
Q: If my 4 kids are born in the United states can I apply for my residency because of my kids being born here.

If my 4 kids are born in the United states can I apply for my residency because of my kids being born here. Or what necessary steps could my husband and I take ? My kids wants to stay here and do not want to go back home . They are all less than 10yrs old.

Kelli Y Allen
Kelli Y Allen answered on May 18, 2019

No. In and of itself, simply having U.S. citizen children does not supply a basis for permanent residency. U.S. citizen children must be 21 years of age to file an immigration petition on behalf of a parent. Even then, that does not guarantee permanent residency, as other requirements must be... Read more »

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: I have been in a green for about 7 years and would like to apply for citizenship. However I incorporated an LLC that

Has now been forfeited in MD and has not been in operation for some years. Will this have any effect on my naturalization application? What if the LLc was partly owned by a US citizen?

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Apr 19, 2019

Unless you were committing illegal activity with the LLC, you shouldn't have any issue.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Change of status waiting response from uscis

My mom entered the U.S on a B2 visa almost 6 months ago, her allowed time to stay is 6 months which are going to be completed in 4 days. She is from Venezuela and she is a cancer patient. during her time here she started to feel ill and she was rushed to the hospital. I don't want her to go... Read more »

Kevin L Dixler
Kevin L Dixler answered on Mar 20, 2019

This is unfortunate. Some questions require more than a simple answer. It is best to discuss this matter with an attorney, who can counsel you on immigration law.

As a result, I strongly recommend an appointment or teleconference with a competent and experienced a Immigration and visa...
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1 Answer | Asked in Immigration Law for District of Columbia on
Q: my fiance is illegal in France. Will he need to go back to his country for me to file a K1 visa?Im a us citizen

I am a us citizen, we have met several times. We want to get married soon so we can be together but I am not sure that it is possible since he is illegal. He cannot go back to his country because it is not safe. He has a valid passport. Is it possible to file a k1/get married in France so he can... Read more »

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Mar 5, 2019

You have more issues than just what country he would interview in. When someone violates the immigration laws of another country, our government expects that they will do the same here. Even if you are qualified in every way, his overstay in France may prevent you from getting any type of visa,... Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: What are the eligibility requirements for H1-B cap gap?

I am currently working with a non-profit organization in D.C. on my STEM OPT. My OPT runs out in February and the organization has agreed to sponsor my H1-B. I primarily work in their research division. We missed the the April deadline. Are we eligible for the H1-B cap gap.

Karina Garcia Herhusky
Karina Garcia Herhusky answered on Dec 21, 2018

A cap-gap extension extends an eligible F-1 student's status to bridge the gap between the end of the F-1 and the beginning of the H1-B. It allows the student to remain in the U.S. during the gap. The H1-B cap limits the amount of H1-Bs allowed each fiscal year. The fiscal year begins October... Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: How long does it take to adjust status to get a green card in washington D.C. after entering with a k1 visa? Thanks!

in total what is the approximate time?

Hector E. Quiroga
Hector E. Quiroga answered on Sep 12, 2018

According to the USCIS website, it is taking between 11 and 20 months to process cases that are to be adjudicated in the Washington, DC field office.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Going abroad with a green card approval letter.

2 months ago, I received an approval notice for my green card saying that it was approved. But I still have not yet gotten the actual green card. I have a emergency that requires me to travel abroad. I have not gotten the travel parol yet. What problems will I face when coming back? Will I be at... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 5, 2018

It could be risky. Consider making an InfoPass appointment and going to your local USCIS office to ask for temporary evidence of permanent residence.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Can my niece re-enter the u.s?

I have a niece in new zealand, she came to the united states when she was 7 in 2001 without a visa, she came in the visa waiver program and she stayed here in the u.s going to school, being with her parents and family, as well as me for 7 years, so when she was 14, she went back to new zealand and... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jul 23, 2018

It has not been quite ten years, but technically, she should be able to reenter; however, give that she overstayed, she will likely run into some issues. Evidence of mitigating circumstances, as well as strong evidence of connections to New Zealand, will help her case.

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