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Georgia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Georgia on
Q: Immigration

I filed an i130 for my husband who has DACA and is currently in the US and has been since he was 5. He applied for DACA as soon as he turned 18. Our i130 was approved and we submitted our visa application but we have ran into the issue of how to fill out the i864 (affidavit of support) because I am... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 22, 2020

You are the primary sponsor and your husband a household member.

You are also going to need a provisional waiver if your husband entered the USA without inspection.

2 Answers | Asked in Immigration Law for Georgia on
Q: I am currently sponsoring my wife from the Philippines on a k1 visa. We are stuck on one question on I-864. Our issue i

I am currently sponsoring my wife from the Philippines on a k1 visa. We are stuck on one question on I-864. Our issue is the question that says if you have sponsored someone in the past (who was my wife) who is now a permanent residence that i should add them to my household number dependents, but... Read more »

Kyndra Mulder
Kyndra Mulder answered on Aug 18, 2020

The I-864 explaines your obligation as a sponsor. This applies to your previous wife and the current. Even though you are no longer married you may still be responsible for her pursuant to the I-864 you signed when you sponsored her to get her green card.

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1 Answer | Asked in Business Formation, Business Law and Immigration Law for Georgia on
Q: I'm running a small business online and I'm looking to hire a helper. However my immigration status is pending I-485.

I already received an EAD. What should I proceed? Do I need an LLC? Can I hire someone (with my immigration status stated above)? Thank you!

Adan Vega
Adan Vega answered on Aug 11, 2020

The employment authorization document (EAD) issued to you by USCIS authorizes your lawful employment while you await the adjudication of the FORM I-485. You can register an LLC if you are able to fulfill all of the state requirements of the state where you intend to operate your business. You can... Read more »

1 Answer | Asked in Immigration Law for Georgia on
Q: Can my fiancé stay in the US legally while my permanent residency application is being processed?

I am an asylum status holder in the US and planning my marriage. My fiancé's visa will expire in a year and I know that it could take a long time before I get my residency approved. Can she stay in the US legally while my application is being processed even her visa expires? If the answer is... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 10, 2020

Your fiancé(e) must leave the United States when her I-94 expires or try to extend her stay. Certainly being married could give your fiancé(e) a stronger connection to the United States, but it wouldn’t guarantee that she wouldn’t be deported.

2 Answers | Asked in Immigration Law for Georgia on
Q: Traveling interstate with an expired US passport, having overstayed the 90 day ESTA visa stamped on my AUS passport.

I was born in the US but moved to Australia when I was a child. I recently came back to the US, but since my US passport had expired in 2010, I got an ESTA visa through my AUS passport valid until 2021. However; I have overstayed the 90 day permission that was stamped on my Australian passport upon... Read more »

Kyndra Mulder
Kyndra Mulder answered on Aug 3, 2020

You are a USC by birth. You do not need ESTA and you are not qualified for ESTA. Renew your passport and travel with your Birth Certificate.

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1 Answer | Asked in Immigration Law for Georgia on
Q: i have a pending case of i485 but my initail case was denied which i send a notice of withdrawer for, do i need reply

i was sent a denial notice for i485 which i sent a withdrawer notice for before filling a new case which is pending, do i need to reply the denial case

Kyndra Mulder
Kyndra Mulder answered on Jul 23, 2020

No you do not need to respond to the denial.

1 Answer | Asked in Immigration Law for Georgia on
Q: I previously applied for permanent resident but I got divorced from my ex before our interview but I got married again

Does the first case has anything to to again or do I have to file a case to cancel the first one

Kyndra Mulder
Kyndra Mulder answered on Jul 13, 2020

You need to dismiss the first case and you and your wife file a new case. Pursuant to your new application/petition you will need to file documentation to support the legitimacy of the first marriage as well as the second.

1 Answer | Asked in Immigration Law for Georgia on
Q: Petition for Nephew.

When I file an immigration petition for my brother in 2007 as an American citizen than my nephew was 15 years old. Now when I got the petition approved recently my nephew is 28 years old and single. Is he still going to be qualified to get an immigration visa with my brother?

How long is... Read more »

Adan Vega
Adan Vega answered on May 24, 2020

The sibling petition that you filed on behalf of your brother will not yield an immigrant visa for at least 13 to 22 years depending on the country of origin. With that in mind, your nephew may “age out” by the time the immigrant visa becomes available.

1 Answer | Asked in Immigration Law for Georgia on
Q: immigration visa

I just got the approval letter from the National Visa Center for my sibling's immigration visa.whic was applied about 13 years ago. They have asked to bring the original documents at the interview in the embassy. Since it was done 13 years ago I am not able to find the original or the copy of... Read more »

Mario Musil
Mario Musil answered on May 6, 2020

You can contact the NVC with these questions and they should be able to assist you. Generally, they will not have access to the items you sent to the NVC at the embassy. If the original documents are items that you can obtain new ones of, I recommend doing that. For example, request new birth... Read more »

1 Answer | Asked in Tax Law and Immigration Law for Georgia on
Q: Should I make an amend on tax returns if my husband is just currently waiting on an interview at Mexico consulate?

I have been made aware that I should have filed my tax returns as married separately instead of single and it could affect my husband’s immigration process. He is living in Mexico and has never been to the U.S. How should I go about making an amend and what info do I need to provide on the form... Read more »

Zaher Fallahi
Zaher Fallahi answered on Apr 27, 2020

You are advised to ensure you status is accurate. If subsequent to the fling you were made aware of an error, you should amend the return as soon as possible with explanation of an “inadvertent mistake”. I hope this helps. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer:...
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2 Answers | Asked in Immigration Law and Tax Law for Georgia on
Q: Will tax returns that I filed as single but am married since 2017 affect my husbands green card process?

I am a U.S citizen who is trying to get my husband a green card, We got married in 2017 and I have always filed my taxes single since then because I was told by the accountant that I didn’t need to do anything different since my husband did not live with me. Is this going to affect my husbands... Read more »

Adan Vega
Adan Vega answered on Apr 27, 2020

If you are married, you should be filing your federal tax returns as “married” and not as “single”. USCIS or the U.S. consulate can take the position that you are not in fact married based on your filed federal tax returns. Keep in mind that you will have to present your last tax return... Read more »

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1 Answer | Asked in Immigration Law for Georgia on
Q: Does a court case involving internal family financial dispute affect immigration for a foreign spouse on spouse visa?

One of my very close friends (him - a US citizen) married an engineer (her) residing in Vancouver. She has a course case involving a family financial dispute (between her and her mother) that was settled in the court and she paid all financial obligations. He is about to sponsor her on a spouse... Read more »

Adan Vega
Adan Vega answered on Apr 26, 2020

A financial dispute resulting in a civil court settlement between two family members ( mother and daughter) will not disqualify the daughter from obtaining an immigrant visa based on an immediate relative petition filed by a U.S. citizen spouse.

1 Answer | Asked in Immigration Law for Georgia on
Q: I am filing I 130 for spouse who is a canadian PR . Can she continue to visit USA on her current visitor visa

can I file for EAD, AParole and I 485 concurrently if she is in USA on her tourist visa ?

Adan Vega
Adan Vega answered on Apr 23, 2020

If (1) you are a U.S.citizen and (2) your spouse lawfully entered the U.S. and (3) she is not otherwise inadmissible then the adjustment of status request can be made with USCIS.

Keep in mind that the adjustment of status filing may trigger a finding of preconceived intent if filed...
Read more »

3 Answers | Asked in Immigration Law for Georgia on
Q: I am filing I 130 for spouse who is a canadian PR . Can she continue to visit USA on her current visitor visa ?

can I file for EAD, AParole and I 485 concurrently if she is in USA on her tourist visa ?

Regina Irene Edwards
Regina Irene Edwards answered on Apr 23, 2020

You should post this question in the immigration section.

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1 Answer | Asked in Immigration Law for Georgia on
Q: Is getting unemployment checks for 2 months disqualify a petitioner for filing AOS or have bad effects on case.

My wife filed petition for her parents and now we are working on affidavit of support but she is out of work because of coronavirus and she will be getting unemployment checks up until her daycare reopen so my question is would it disqualify her for filing affidavit of support because of getting... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 3, 2020

I recommend holding off on filing the affidavit until after the daycare reopens.

1 Answer | Asked in Immigration Law for Georgia on
Q: I got an RFE notice on my AOS case in Dec ,somehow I misplaced the notice but I still photocopy,pls can I submit that?

All the documents requested from me are ready but I only have a photocopy of the RFE,will that be accepted by USCIS?

Adan Vega
Adan Vega answered on Feb 20, 2020

You can forward a proper and complete response to USCIS with a copy of the RFE and the support documents that are requested by USCIS.

3 Answers | Asked in Family Law and Immigration Law for Georgia on
Q: So I just found out that my baby mama has a voluntary deportation order. I do not know when she has to leave the U.S..

I haven't went to court to obtain rights to my daughter.. Can she take my daughter with her if I tell her I'm not okay with her taking my daughter??

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 17, 2020

More information is needed before an accurate answer can be provided. Have you legitimated? Is there a visitation agreement/schedule? It is best to contact an attorney who can assist you with the specifics of your case.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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2 Answers | Asked in Immigration Law for Georgia on
Q: What is the estimated processing time for a spouse visa compared to a fiancé visa at this time?

My partner and I want to be together in the United States where I live but we don’t know what’s the best choice for us. To get married in Mexico and apply for the spouse visa or wait and do the fiancé visa.

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 13, 2020

As a general rule, a spousal visa takes about 2-3 months longer than a fiance visa. Feel free to contact us if you'd like more information to make the best choice for you and your fiance.

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1 Answer | Asked in Immigration Law and Tax Law for Georgia on
Q: I applied for citizenship based on 3 years. I received rfe for tax transcripts for me and my partner.

Unfortunately my partner has not been filing his tax, we file married but separate. My partner cannot even find his 2018/2017 w-2s for us to file now and make payment. He only just got his 2019 w-2, so that is all I have. But he has also giving me a hard time to locate his w-2s for the rfe. I have... Read more »

Adan Vega
Adan Vega answered on Feb 12, 2020

You will need to respond to the RFE and show that you have complied with your obligation of filing a federal tax return during the time that you have been a U.S. resident. If you were employed in the U.S. prior to receiving your resident status , you also must file federal tax returns for those... Read more »

1 Answer | Asked in Immigration Law for Georgia on
Q: Is it possible to switch from TN-visa to H1-B with the employer filing for an I-140 and porting past Priority Date?

I had an approved I-140 from a past US employer. Now when my PD is close to becoming current, I want to explore the possibility of switching to H1-B and porting the PD

Allen C. Ladd
Allen C. Ladd answered on Jan 28, 2020

The I-140 must have ben approved at least 180 days ago in order to port the priority date. The new employer must go through the entire EB process of course before you can adjust, even though the PD may be current.

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