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District of Columbia Immigration Law Questions & Answers

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.

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

Q: Can I fly into any airport in the US or does it have to be the airport, which is the nearest to my US home address?

I stayed abroad for five months and I am planning on going back to the US. I am a green card holder since 2013 and I received my green card through marriage.

Kyndra Mulder answered on Jan 10, 2017

You may fly into any airport.

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

Q: Anyone familiar with L2 visa?

I am considering coming to the US on a L1 visa now, my company agreed to sponsor me. My son is almost 20, is there enough time for him to come over on a L2? He is currently on a F visa studying at University in Pennsylvania. So what I mean is does he have to be 21 at the time of filing for L visa,... Read more »

Kyndra Mulder answered on Jan 9, 2017

You have multiple questions regarding your situation. I suggest you consult one-on-one with an experienced immigration attorney.

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

Q: I was denied b2 visa. Now I am working on a L visa.

My daughter and I were denied B2 visa last year when we tried to visit my son in the US (who goes to college here). My company is now sponsoring my L visa, would be past B2 visa denial be a problem for me to get my L visa or for my daughter getting her L2 visa? I work for one of the largest... Read more »

Kyndra Mulder answered on Jan 9, 2017

It largely depends on what you call a mistake. If it was misrepresentation then you can be denied and will need a waiver

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

Q: When can apply for citizenship

When can apply for citizenship

born on 12-17-97 and I became PR 07/04/2013 category IR2 and since there I've been living with my mother in US. My biological mother became US citizen on 07-17-12

Matthew J Hartnett answered on Oct 10, 2016

You might already be a citizen through derivation under the Child Citizenship Act of 2000. You should contact an immigration attorney for a consultation to properly evaluate.

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

Q: how long does FOIA at the immigration court in Arlington,VA and USCIS in general take?

filled FOIA back in July2016, requesting my case files from 2003 immigration court case

Matthew J Hartnett answered on Sep 27, 2016

EOIR FOIAs are generally speaking a little faster than USCIS. For USCIS you can expect to wait 4-6 months. But it depends on what information you are requesting.... Read more »

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

Q: I am an International student and I want to work while studying to help my resume. What are my options?

Shan Dimitris Potts answered on Jul 13, 2016

What are you studying? How long is the course? Is this your first time studying in the U.S.? How old are you? - All these information are missing. I suggest you talk to your school DSO to find out if there are options for you to do that.

All the best.

-Shan Potts

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

Q: My green card is going to expire in3 months,But I want to go to Canada before expiration.They let me come in back to Us?

Tammy Lyn Wincott answered on May 5, 2016

As long as your green card is not expired and it won't expire while you're in Canada along with a valid passport, you should be able to travel. I suggest you submit to renew your green card as soon as possible.

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

Q: Can I leave the country while waiting for OPT card?

Can I leave USA while my case for OPT card is pending? I plan to come back with G4 and then leave again within 3 months and enter USA with OPT card to undertake employment. This seems complicated but is it legal? Thank you.

Dawn Chere Sequeira answered on Jan 21, 2016

It takes 90-100 days for EAD to be issued. Was the EAD filed with advance parole? Do you have a pending green card application? You can always depart and re-enter on G visa; this departure and re-entry will not directly result in a denial. However, it is never advisable for you to travel while a... Read more »

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

Q: Philippine national working home-based for one US-based company for the last 5 years. What are my immigration options?

Due to financial problems, I dropped out of college and worked as a programmer for a couple of local companies. Papers did not matter to them because I had a fair bit of self-taught skills they needed. I have been outsourced by a US company five years ago and I have been working for them ever... Read more »

Dawn Chere Sequeira answered on Jan 21, 2016

Have you maintained lawful status at all times? If you were on F-1, then let it lapse, and worked for 5 years without authorization, you have a problem. Having an employer file your H-1B now without addressing unlawful presence could land you in Immigration Court. Seek the advice of counsel.

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

Q: Had H1b (4 yrs) and transferred to B2 and it expired April 10. Got a new job. LCA waiting. There is gap. Need advice!!

I had H1b visa for four years and got laid off. I switched to B2 visa. I got a new job but my B2 expired April 10. The whole time I thought I was waiting on my H1b transfer and so I never applied for my B2 extension. I found out yesterday that the lawyer is waiting for the Labor Certification to... Read more »

Dawn Chere Sequeira answered on Jan 21, 2016

You need to retain counsel who must review all of the paperwork. I have received approvals for a gap of 15 months.

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

Q: Is it possible to change a status from G4 visa to tourist? It is important to note that I don't have a tourist visa.

Dawn Chere Sequeira answered on Jan 21, 2016

Yes, it is possible, but many pro se applicants get denied. I advise you to retain knowledgeable counsel.

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

Q: For how long can I stay in US under a G4 visa once my work contract has expired? My visa is valid for 6 more months.

Shan Dimitris Potts answered on Jan 6, 2016

You should leave the US 30 days after your visa expires. Staying after the 30 day period will cause problems for you in the future when you try to come back into US. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot be...
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1 Answer | Asked in Immigration Law for District of Columbia on

Q: Is it okay for H4 (dependent) to stay if his new H1-B (valid from Oct,15) is approved but Primary has to leave US?

Hi,

I am on a H1B visa, valid untill end of 2018. Since my project in US is getting over this month end, I have been assigned a new project which is in Canada from next month onwards.

Now the situation is, we had applied H1B visa this year in April'15, for my wife who is currently... Read more »

Dawn Chere Sequeira answered on Jan 5, 2016

LEGALLY, she will accrue unlawful presence since you will not be working for the H-1B employer. However, since it is less than 6 months of unlawful presence, if she departs she will not trigger the 3 -year bar. It is never good to accrue unlawful presence.

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

Q: I140 date porting in future?

I'm currently on H1b and I140 is approved (2013). I'm planning to join a new employer and can we port the I140 dates in future if my current employer is going to revoke my I140 once I leave them?

Shan Dimitris Potts answered on Oct 1, 2015

Even if your current employer decides to withdraw the approved I-140, you can retain the priority date when you move to new employer unless it is revoked by USCIS or DOL for Fraud or misrepresentation. All the best.

15 years of successful immigration law experience. The answer above is...
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