District of Columbia Immigration Law Questions & Answers

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

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Sep 27, 2016
Matthew J Hartnett's answer
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.

https://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/foia-request-status-check-average-processing-times/check-status-request

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

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Jul 13, 2016
Shan Dimitris Potts' answer
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

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in nature cannot...

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?

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on May 5, 2016
Tammy Lyn Wincott's answer
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.

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

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Jan 21, 2016
Dawn Chere Sequeira's answer
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 petition is pending.

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

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Jan 21, 2016
Dawn Chere Sequeira's answer
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.

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!!

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Jan 21, 2016
Dawn Chere Sequeira's answer
You need to retain counsel who must review all of the paperwork. I have received approvals for a gap of 15 months.

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.

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Jan 21, 2016
Dawn Chere Sequeira's answer
Yes, it is possible, but many pro se applicants get denied. I advise you to retain knowledgeable counsel.

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.

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Jan 6, 2016
Shan Dimitris Potts' answer
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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific...

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?

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Jan 5, 2016
Dawn Chere Sequeira's answer
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.

Q: I140 date porting in future?

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Oct 1, 2015
Shan Dimitris Potts' answer
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 only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation...

Q: I'm here with my family on a visa provided by the embassy that my father works for, but I want to become a citizen, how?

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Jul 28, 2015
Shan Dimitris Potts' answer
Becoming a citizen is not that simple. It is a long process, first you will have to become a permanent resident. To become a permanent resident, an US citizen should sponsor your visa(Since you said your family is here on visa, this does not apply to you). you should have a company willing to sponsor your work visa and also apply for your permanent residence. After spending as many years as a permanent resident you will become eligible to apply for citizenship. All the best.

"15 years...

Q: I want to get married to my girlfriend but I'm here on a visa, how do I go about this?

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Jul 28, 2015
Shan Dimitris Potts' answer
I do not understand what your question is. If you and your partner want to get married, follow the normal procedures someone would follow for a marriage. You being here on a Visa does not change anything and it will not be a barrier. If your partner is an US citizen, you maybe able to apply for permanent residence too. If you have more questions, you should contact an attorney in private. Congratulations and all the best.

"15 years of successful immigration law experience. The answer...

Q: I have a question i have a green card and they have my year incorrect i cant get my us passport

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Mar 16, 2015
Camlinh Nguyen Rogers' answer
Seek help from an experienced immigration attorney. Good luck. www.aba-us.com

Q: H-1B Transfer Situation?

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on May 25, 2014
Mr. Floyd James Fernandez's answer
Short answers: 1) Yes, in fact you have to use company A's pay stub and H-1B receipt. But you will have to formally decline company B.

2) Yes, company B may withdraw its petition. If company A is content to keep you until your offer from company C is accompanied by an I-797C Notice of Receipt that its H-1B I-129 Petition is in process.

3) No, you can decline company B's offer, but notify USCIS of your withdrawn acceptance and intent to continue with company A. Otherwise...

Q: HI. what recourse does a former h1b employee have to recover back wages if they have already left the US?

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Jan 5, 2011
Joshua L. Goldstein's answer
If your employer owes you money for unpaid wages, you may sue to collect even though you are not longer employed in the U.S. or by that employer. You may have difficulties pursuing a lawsuit against your former employer if you aren't living in the U.S. But no immigration law or regulation prevents you from doing so.

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