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Georgia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Georgia on
Q: Do you need to show fixed assets for F2 visa interview for your spouse. Is it an absolute requirement?

Do you need to show fixed assets such as land or house in your home country as financial support and country ties for F2 visa interview for your spouse, or is it enough to just show adequate bank balance/bank statement as support for the financial expenses of your spouse?

And would it be a... View More

James L. Arrasmith
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answered on May 16, 2024

Demonstrating strong ties to your home country and sufficient financial support are important aspects of the F2 visa interview, but owning fixed assets such as land or a house is not an absolute requirement.

Financial support:

1. You should be able to show that you have adequate...
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1 Answer | Asked in Immigration Law, Native American Law and International Law for Georgia on
Q: If i visit Taiwan for a holiday can the US cancel my US C1/D Visa? Does USA allow people to visit Taiwan?

I want to visit Taiwan for a holiday and I'll be applying for a Taiwan TAC since I have a US C1/D Visa so I don't need a Visa to visit Taiwan.. but I'm just worried if my visit to Taiwan will cause any problem or if this might lead to my US visa being cancelled.. since i heard that... View More

James L. Arrasmith
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answered on May 10, 2024

The United States generally allows people to visit Taiwan without any consequences to their US visas. Taiwan is not on the list of countries that could potentially lead to issues with a US visa if visited.

The countries you might be referring to are those designated by the US as state...
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2 Answers | Asked in Immigration Law for Georgia on
Q: What process would need to be done, if my fiancée wants to marry me in the US but return home rather than staying in US?
James L. Arrasmith
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answered on May 8, 2024

If your fiancée wants to marry you in the United States but plans to return to their home country after the wedding, you would typically need to follow these steps:

1. Obtain a K-1 nonimmigrant visa (fiancé visa): This visa allows your fiancée to enter the U.S. for the purpose of getting...
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2 Answers | Asked in Immigration Law for Georgia on
Q: What process would need to be done, if my fiancée wants to marry me in the US but return home rather than staying in US?
Stephen Arnold Black
Stephen Arnold Black
answered on May 9, 2024

That would be a mistake. If the fiancé exits the US after marriage to a US Citizen, she would have to process overseas for her green card and the wait time is almost two years. If she adjusts status inside the US after marriage, she can apply here without having to go back. Additionally, once she... View More

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2 Answers | Asked in Immigration Law for Georgia on
Q: Hello, Can my F2 dependent spouse show her parents' bank statement for financial proof for her F2 visa interview?

My spouse's F2 visa interview is scheduled and she would like to show her parents's bank statement in her interview for financial proof, is it possible? and how much does she need to show?

Brian Chase Malone
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answered on Apr 15, 2024

Good evening,

I hope you are doing well, and what an appropriate question to come across just moments following the close of “tax day” here in the U.S.

I'm glad you reached out with your question about the financial proof necessary for your wife's F-2 visa...
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2 Answers | Asked in Immigration Law for Georgia on
Q: Hello, Can my F2 dependent spouse show her parents' bank statement for financial proof for her F2 visa interview?

My spouse's F2 visa interview is scheduled and she would like to show her parents's bank statement in her interview for financial proof, is it possible? and how much does she need to show?

James L. Arrasmith
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answered on Apr 16, 2024

In most cases, your F2 dependent spouse should provide evidence of your financial ability to support them during their stay in the United States. Typically, this is done by presenting your (the F1 student's) financial documents, such as your bank statements, scholarship or funding details, or... View More

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1 Answer | Asked in Immigration Law for Georgia on
Q: I have been here for 5 years with green card what allow me to apply for citizenship

my question can I apply for citizenship if I have court date but the date for the court didn’t come yet because I transferred the ticket to another court because I don’t wanna get points on my license and the date of the court didn’t show up yet

, the traffic ticket hit and run but... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on your situation, here are a few key points to consider:

1. Continuous Residence: Generally, to apply for U.S. citizenship through naturalization, you must have been a permanent resident (green card holder) for at least 5 years and have maintained continuous residence in the U.S....
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2 Answers | Asked in Tax Law and Immigration Law for Georgia on
Q: Should I use the 1040 or the 1040NR?

What is the appropriate tax form to use when filing taxes as an applicant with an ongoing green card application? Should I use the 1040 or the 1040NR?

James L. Arrasmith
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answered on Mar 26, 2024

You should use the 1040 form if you are considered a resident alien for tax purposes. This generally applies if you meet the Substantial Presence Test, which involves being physically present in the U.S. for at least 31 days during the current year and 183 days during the three-year period that... View More

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2 Answers | Asked in Tax Law and Immigration Law for Georgia on
Q: Should I use the 1040 or the 1040NR?

What is the appropriate tax form to use when filing taxes as an applicant with an ongoing green card application? Should I use the 1040 or the 1040NR?

Brian Chase Malone
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answered on Apr 16, 2024

Hello Sir,

I'm an immigration lawyer based in Atlanta. As my feedback follows briefly after the final hours of tax day here in the U.S., I want to commend you on being proactive and addressing your tax concern several weeks ago. I also want to provide you with some encoragement...
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1 Answer | Asked in Employment Law, Immigration Law, Federal Crimes and Gov & Administrative Law for Georgia on
Q: I request your help in my query if I am eligible or not for the U visa and if yes what is the best way to proceed.

One of the lawyer here answered my question and asked to check U-Visa for my case i did some research but couldn’t find any good lawyer for my scenario-

I have a typical case with USCIS, They made a mistake on my document which caused me to struggle out of the country for more than a... View More

James L. Arrasmith
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answered on Mar 25, 2024

To determine your eligibility for the U visa, you need to understand that it's typically granted to victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. The... View More

1 Answer | Asked in Tax Law and Immigration Law for Georgia on
Q: Having petitioned for a green card, I was given a social security number. When filing my taxes, what form should I use?

Having petitioned for a green card, I was given a social security number. In order to file my taxes, what form should I use?

James L. Arrasmith
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answered on Mar 20, 2024

If you've received a social security number after petitioning for a green card, you'll generally file your taxes using the same forms as other residents or citizens, primarily using Form 1040, the U.S. Individual Income Tax Return. This form is utilized by U.S. taxpayers to file an annual... View More

2 Answers | Asked in Immigration Law for Georgia on
Q: Do I need a separate I-130 for my daughter and her two minor children?

If I file an I-130 as a U.S. citizen to bring my adult daughter to the U.S., do I have to file separate I-130s (and pay a separate filing fee) for her minor children?

James L. Arrasmith
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answered on Mar 19, 2024

Yes, as a U.S. citizen filing an I-130 petition for your adult daughter, you do need to file separate I-130 forms for each of her children, your grandchildren. The U.S. Citizenship and Immigration Services (USCIS) requires individual petitions for each family member who intends to immigrate. This... View More

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1 Answer | Asked in Immigration Law for Georgia on
Q: What are the consequences I might face if I don't attend Green card interview and how will it impact my husband’s GC?

I am on H4 now, my husband is on H1b( Indian born), he applied for GC in Eb2 category and his priority date is March 2022, the Green card application has been fast tracked as I am Malaysian born. The cross changeability has applied. I was not aware of the details of the green card process. And it... View More

James L. Arrasmith
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answered on Feb 21, 2024

If you do not attend the Green Card interview, it could have serious consequences for both you and your husband's immigration status. Failure to attend the interview may result in the denial of your Green Card application, as USCIS typically requires both spouses to be present to assess the... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: a K2 dependent still waiting I485, currently living with me the mother in US, wants to leave US for studies, is this ok?

We areK1 visa, and K2 dependent ( my son 17 years old) in US now but still waiting I 485 change of status, my son wants to leave US to continue studies in Europe. What should we do not to affect his change os status? Thank you!

James L. Arrasmith
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answered on Feb 5, 2024

Given your situation, it's essential to be cautious to ensure that your son's change of status is not affected. Leaving the U.S. while waiting for an I-485 adjustment of status can have implications.

First, consult with an immigration attorney to discuss your specific...
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1 Answer | Asked in Criminal Law, Immigration Law, Appeals / Appellate Law and Civil Rights for Georgia on
Q: I am trying to get information on how to obtain a discovery package.

The new lawyer can’t obtain it neither the defendant. We are trying to draft up a Habeas Corpus of ineffective council on a Capital Case. Can we subpoena it’s? Or what’s other steps can we take, also the habeas has to be filed by July of 24’ this year. This is a Malice case, that was... View More

James L. Arrasmith
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answered on Feb 4, 2024

In a capital case, obtaining the discovery package is crucial for preparing a habeas corpus petition alleging ineffective counsel. If the current attorney is unable to obtain the discovery through regular channels, there are several steps that can be taken.

Firstly, the attorney should...
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1 Answer | Asked in Immigration Law for Georgia on
Q: Status has been changed automatically from a resident permanent to a US citizenship ( f2a to Ir1) what to do for my son?

I introduced a petition for my wife and my 6 year old daughter to join me in the United States while I was still a permanent resident, after obtaining American citizenship I had not updated my petition

an interview date has been set up. Do I need a new petition for my daughter or not ?... View More

James L. Arrasmith
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answered on Feb 1, 2024

If your status has changed from a permanent resident to a U.S. citizen while your petition for your wife and 6-year-old daughter was pending, you generally do not need to file a new petition for your daughter. The change in your status from F2A (family-sponsored preference) to IR1 (immediate... View More

2 Answers | Asked in Estate Planning, Family Law, Immigration Law and Wrongful Death for Georgia on
Q: Can my lawyer set up a bank account for my mother who is now passed and was an illegal alien? My lawyer can’t find a way

My brother passed years ago. My mom and stepdad filed a wrongful death lawsuit, but both passed before the case was won. The proceeds from the case were split in half. One half to the children of my stepdad, and the other half to the children of my mother. The children of my stepdad had no trouble... View More

Agnes Jury
Agnes Jury
answered on Jan 7, 2024

You may be able to apply for an Individal Taxpayer's Identification Number (ITIN) for your mom with which you should be able to open a bank account for her in the USA. If that doesn't work, you could try to start a probate case so the Court can determine that those funds do... View More

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2 Answers | Asked in Estate Planning, Family Law, Immigration Law and Wrongful Death for Georgia on
Q: Can my lawyer set up a bank account for my mother who is now passed and was an illegal alien? My lawyer can’t find a way

My brother passed years ago. My mom and stepdad filed a wrongful death lawsuit, but both passed before the case was won. The proceeds from the case were split in half. One half to the children of my stepdad, and the other half to the children of my mother. The children of my stepdad had no trouble... View More

James L. Arrasmith
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answered on Jan 8, 2024

Setting up a bank account for someone who has passed away, particularly when they were an undocumented immigrant, can be challenging. However, there are alternative solutions to consider.

Since you and your siblings are U.S. citizens, one approach could be to establish an estate or a trust...
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3 Answers | Asked in Immigration Law for Georgia on
Q: Hi lawyers, working 3/4 full time jobs at same time has any impact on n400. Any client experience/advice?

Hello lawyers, does working 3/4 full time jobs at same time has any impact n400 naturalization.Taxes have been filed on time, don't owe taxes. I will be listing all of them in the application.Any client experience/advise on this?

James L. Arrasmith
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answered on Jan 6, 2024

Working multiple full-time jobs does not inherently affect your N-400, Naturalization Application, as long as you comply with all legal and tax obligations. The key factors for naturalization include lawful permanent residence, physical presence, good moral character, and allegiance to the U.S.... View More

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2 Answers | Asked in Immigration Law for Georgia on
Q: What should I write in special selective service question on citizenship application?

I came after 25th birthday in USA and didn’t register for special selective services and I left USA after I got green card and visited every 11 months for couple of weeks and started living continuously since last 5 years so what should I write yes or no in special selective services question in... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 4, 2024

If you lived in the US between ages 18-26 (other than a lawful nonimmigrant) you should have registered with the selective service system. If you didn't register, explain why you failed to register or apply for N-400 afer the age of 31. I suggest you get assistance from an immigration attorney.

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