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District of Columbia Immigration Law Questions & Answers
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.

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
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
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... Read more »

Carl Shusterman
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
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
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... Read more »

Carl Shusterman
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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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
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... Read more »

Hector E. Quiroga
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... Read more »

Hector E. Quiroga
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
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
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
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
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
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
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
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
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
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.

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