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District of Columbia Immigration Law Questions & Answers

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 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 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 back... Read more »

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 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 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 1st,... 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 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 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 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.

1 Answer | Asked in Immigration Law for District of Columbia on

Q: Hi, my daughter is a U.S Citizen and also a minor she will be 3 soon. She is currently out of the country.

The issue I have is I want her to come back and I need someone to help bring her back. She lives with my mom presently, I was wandering if I could I apply for a Visa for my mum so she can help bring her over.

Hector E. Quiroga answered on Jul 18, 2018

Certainly that is an option. Depending on your mother’s country of origin, she may not need a visa to come to the US. You can find out more at: https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html

1 Answer | Asked in Immigration Law for District of Columbia on

Q: Can my brother be denied a US visitor visa because I have credit card debt or an open case? I am a naturalized citizen.

I am a naturalized US citizen and am currently visiting my immediate family in Burkina Faso where I am originally from. My brother applied for a US visitor visa and is told by the US Embassy on 6/22/18 that his request is denied due to code 214(b). My brother stated the embassy told him I have... Read more »

Carl Shusterman answered on Jun 24, 2018

There is no legal basis for such a denial. However, consular officers can always deny visas in the exercise of their discretion.

1 Answer | Asked in Immigration Law for District of Columbia on

Q: I filed for my wife as a Spouse of a Permanent resident, her Visa appointment is Next Month, but i'm becoming a Citizen

...I'm becoming a citizen the following month after she has her visa approved, will that affect her coming in to the States? could the us customs and border protection not approve her to come to the US because at that particular time i will be a Citizen but her coming in to the states she would... Read more »

Carl Shusterman answered on May 30, 2018

You may want to postpone your naturalization ceremony until she enters the US. She will be admitted in the family-based 2A category as the spouse of a permanent resident.

1 Answer | Asked in Immigration Law for District of Columbia on

Q: How much time will he be getting?

Hello, this is an immigration question:

My son was deported from the US on 2012 after serving a 7 year sentence for residential burglary charges and receiving stolen property, He has a daughter back in the US so he entered the US and was arrested by immigration about a week ago. I think... Read more »

Carl Shusterman answered on May 10, 2018

The Judge in his criminal case will decide how long he will spend in prison.

1 Answer | Asked in Immigration Law for District of Columbia on

Q: I am currently on H1B and wish to pursue on campus weekend, non credit courses, leading to certificate. Is it allowed?

Status; H1B, will be working full time for employer

University where I intend to pursue program is College of Continuing studies, Georgetown, Washington DC

Carl Shusterman answered on May 8, 2018

As long as you continue to work full time for your H-1B employer, there is no problem with you taking classes at the university.

2 Answers | Asked in Family Law, Immigration Law and Divorce for District of Columbia on

Q: I am married with a U.S citizen. I obtained my temporary green card through marriage, but I want to separate.

My husband of two years and partner of five year, with two kids in common under three years old has an addiction to alcohol and cocaine. I honestly don't want to continue with the relationship due to the mental distress is causing me and i dont want my kids to continue growing into an unhealthy... Read more »

Carl Shusterman answered on Apr 21, 2018

If your marriage ends in a divorce before your conditional permanent residence (CPR) expires, you should submit an I-751 waiver to the USCIS as soon as your divorce becomes final.

Most foreign-born persons who marry U.S. citizens apply for a green card in order to remain in the U.S. with...
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1 Answer | Asked in Immigration Law for District of Columbia on

Q: Do I need to reapply for my son's green card?

I'm a naturalized us citizen. I had a child in November 2015, who was living in the States with me when I naturalized in March 2017. Because of unforeseen circumstances, he & I had to leave the US soon after I naturalized. Because my husband was not present in the US, nor could he get an... Read more »

Hector E. Quiroga answered on Mar 7, 2018

Your son is likely already a citizen. He derived it through you when you became a citizen yourself. Proof that he is your son, that you are a citizen, and proof that he obtained permanent residency should be sufficient for him to get a US passport.

1 Answer | Asked in Immigration Law for District of Columbia on

Q: B1/B2 travel with approved I-140, how to convince CBP of non-immigrant intent?

I have an approved I-140 petition and a valid tourist visa. How can I travel to the US temporarily to take CPA exams, and take care of my affairs while I'm there. I intend to return but I also understand that a CBP officer can and will question my intent so how do I convince the officer that I will... Read more »

Hector E. Quiroga answered on Dec 13, 2017

As with any nonimmigrant visa, the requirement is that you show intent to leave at the end of your authorized stay. Certainly the fact that you entered and left according to the terms of your visa will help, but you have to show other connections—work, school, family, assets/property, etc. Take... Read more »

1 Answer | Asked in Immigration Law for District of Columbia on

Q: How long can I stay outside the US if I am a Green-card holder?

My husband and I have the Green card which we obtained in April 2017 and will expire in 2027. I cannot leave Jordan right now and live permanently in the US because I have a mother with Alzheimer's back home whom I'm taking care of. We came to the States in April 2017 and again in October 2017.... Read more »

Hector E. Quiroga answered on Nov 15, 2017

Any trip outside the US every six months is a break of continuous presence. In addition, you must show be physically present in the US for at least half of the 5 years prior to applying for citizenship.

Even if you obey these rules, you run the risk of losing your permanent residency by...
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2 Answers | Asked in Immigration Law for District of Columbia on

Q: how do I become a US citizen after being declined for a green card or permanent resident status?

Juan V. Cervantes answered on Jul 25, 2017

You question is too vague. More information is necessary to answer your question.

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1 Answer | Asked in Immigration Law for District of Columbia on

Q: I have lived lawfully in the USA for more than 10 years. Can I apply for a green card?

I was initially on a diplomatic visa then switched to a student visa

Kyndra Mulder answered on Mar 26, 2017

Based on the information you have provided you do not qualify for LPR status.

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