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District of Columbia Immigration Law Questions & Answers

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 Asylum. I got it,... Read more »

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 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 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? Which city... Read more »

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 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 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 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...
Read more »

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...
Read more »

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