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Georgia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Georgia on
Q: I'm a LPR can I apply for my citizenship if I have stayed aboard longer then 6 months?

(The 6 months have not been continusously they have been spread out in the last 5 years)

Karen Weinstock
Karen Weinstock
answered on Mar 5, 2018

If you have been abroad for 6 months continuously, this is something that would hurt your citizenship application. In the instance that you have a good reason to have been abroad for such a long time and can justify it, you still may be able to apply and successfully get your citizenship. You... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: Is birth tourism legal? My wife and I want to have our baby in the US.
Karen Weinstock
Karen Weinstock
answered on Mar 5, 2018

If what you mean is if you will become a US citizen/legal permanent resident by having a child in the United States, the answer is no. Your child can have US citizenship but you don't automatically get it. Also, take into account the costs of health care if you are considering it.

1 Answer | Asked in Immigration Law for Georgia on
Q: my ex wife got married a u.s citizen 4 years ago now thay got divorce and we r married again cause we have a daughter .

now we got married again . can she file i 130/485 for me

Karen Weinstock
Karen Weinstock
answered on Mar 5, 2018

As long as she is divorced from her previous husband, yes. There is no reason why she would not be able to file it.

1 Answer | Asked in Immigration Law for Georgia on
Q: 17 years old, a legal resident and my mother just got citizenship, i dropped out if HS can i still get citizenship?

I dropped put of highschool due to mental health issues last year, i attended half of Junior year in a psychiatric hospital. My grades have always been high, my mother is trying to help me become a citizen before i turn 18 but a sheet the lawyers gave her said that she needed to show them my school... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Feb 27, 2018

You are likely already a citizen through your mother.

1 Answer | Asked in Immigration Law for Georgia on
Q: I want to marry my boyfriend but he's coming on a tourist visa. How did we prove that we have a legitimate relationship?

How do we prove that our relationship is real? He has been denied a visa 3 times. I also visited him in his home country before.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Feb 25, 2018

If you are trying to bring your boyfriend here for the express purpose of marrying him, his visa will never be approved; in fact, it is the exact opposite of what he wants to show. A tourist visa is for temporary visits to the US, and one of the requirements to get one is evidence that the... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: What is the best process to follow after I130 petition approval?

I filed an I130 petition on behalf of my wife, who is now in the States with me, having entered legally on a B1/B2 visa. Is there a significant time or cost difference between completing an I485 and getting her visa here, as opposed to having her return to Mexico to obtain her visa at the embassy?... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Feb 20, 2018

The cost to adjust status is about $1225, while the immigrant visa process is $665. There are some strategic issues regarding your wife’s entry and what she told customs officials. You might want to discuss that part of the process with an immigration attorney to see if there are any issues.

2 Answers | Asked in Divorce and Immigration Law for Georgia on
Q: I married a Colombian, I petitioned him, we have 3 children, he has permanent resident card and we are now separated

I found out through Facebook that he is back with his ex. He lied to me to get residency of US. I need to get divorced, but also can I report him to ICE

Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2018

I think it is a terrible idea to report the father of your children to ICE simply because he has gotten back together with his ex. That will damage them in the long run.

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1 Answer | Asked in Immigration Law for Georgia on
Q: I am citizen. Can I petition my sister, who is tps holder, through Adjustment of Status? Not consular processing.

She last entered on November 2017 with advanced parole

Kevin L Dixler
Kevin L Dixler
answered on Jan 10, 2018

More information is needed, but it is ‘highly unlikely’ that she can ‘adjust status’ at this time. You can petition her. However, she will have to wait outside the U. S. for the quotas, because visas for siblings are unavailable for decades for some nations.

She cannot wait in...
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1 Answer | Asked in Immigration Law for Georgia on
Q: My H1 B extension has been denied. What are my options, given I have a 2-month (baby born here).

My H1 B extension has been denied. I still have work time until Feb 2019 for my6 year H1B.I am from I just delivered my baby in oct here and going back to India again would need visa for him without which he cannot leave the country.What are my options now?

Roger Carl Algase
Roger Carl Algase
answered on Jan 9, 2018

The most important action you can take is to consult with an experienced H-1B lawyer and find out whether there was a good reason to deny the H-1B petition. Many denials, like RFE's, are nothing more than mistakes due to careless reading of the documents or lack of knowledge of the H-1B rules... View More

1 Answer | Asked in Adoption and Immigration Law for Georgia on
Q: We are US citizens, Can I adopt my granddaughter (age 10, on H4 Visa)?

We are in our late 50s with 1 earner. Will that cause issues with adoption process?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Jan 4, 2018

From an immigration law perspective, the income facts that you’ve presented should not be impacted either way by the adoption; you will need to show the financial ability no matter how many earners. There might be state adoption requirements you might want to explore.

1 Answer | Asked in Immigration Law for Georgia on
Q: How can I get a friend here longer than the tourist visa? Possibly work here and eventually get citizenship.

Immigration visa? Green card? She has teaching degree and clean record.

Edit Stelczner
PREMIUM
Edit Stelczner
answered on Dec 27, 2017

She will need to consult with an immigration attorney and provide a lot more information to see if she qualifies for any specific visa.

1 Answer | Asked in Immigration Law for Georgia on
Q: I was brought here legally since I was in middle school. Married my American husband since I was 20 years of age. Though

promise was made to sponsor my Green Card. It has not happen in the 10 years we were married and the three kids that I bore. We are still legally married but separated now. Do I have a legal standing to get my green card now?

Karen Weinstock
Karen Weinstock
answered on Nov 15, 2017

There is a chance that you may have a green card from when you came as a child.

1 Answer | Asked in Immigration Law for Georgia on
Q: i want to marry my bf hes not legal. im a us citizen and he has a child from here. can this help him get papers?
Karen Weinstock
Karen Weinstock
answered on Nov 15, 2017

Potentially yes. There are some conditions to it. Please call us so we can evaluate your situation and see how we can assist. 770-913-0800

1 Answer | Asked in Immigration Law for Georgia on
Q: Please assist for an F2A petition.

Please assist for an F2A petition. I-130 was approved in Nov 2016. Priority date is Aug 2016. Beneficiary is in US on H1, peitioner spouse is a permanent resident.

Can an adjustment of status be applied at this time?

Karen Weinstock
Karen Weinstock
answered on Nov 15, 2017

We will be happy to help. Please call our office and we will get the process started. 770-913-0800

1 Answer | Asked in Immigration Law for Georgia on
Q: Invitation for Parents to visit in US

I am currently on L1 visa in US. Visa and I 94 valid till March 2019. I had lost my passport with stamped visa, last year. I now have a new passport issued. Can I issue invite letter for my Parents for visiting in US. Have all other documents from time of Visa (I797, I129S etc.)... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Nov 13, 2017

Your in-laws come, invitation or not. While it is nice to submit an official invite that they can take with them to the interview, he biggest challenge for them will be showing that they have sufficient connections to their country of origin—family, assets, employment, school, that sort of thing.

1 Answer | Asked in Immigration Law for Georgia on
Q: My British hubby overstayed his visa and we left the USA 8 years ago. How do I find out if he can come back legally?

My hubby was married to a US citizen before me. He had applied for a green card, but by the time his interview rolled around they were getting a divorce. His application was denied and told he had to leave when his visa was up. Because they had a child together he overstayed his visa by 7 years. We... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Nov 9, 2017

You would file an immigrant visa petition on his behalf, and then he would apply for an immigrant visa. At the interview, he would be told that he is barred from returning to the US for a period of ten years since his last departure. This bar can be waived, however, based on hardship to you, his US... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: My husband and I have been married for 2 months. He says he has to transfer his paperwork thru me or he'll be deported

What does this mean ? Is he trying to make me his sponsor?

Elizabeth Nicole Kozycki
Elizabeth Nicole Kozycki
answered on Nov 8, 2017

I don't know what he means by "transfer his paperwork thru". He would, however, need you to sponsor him if he was looking to apply for an Adjustment of Status. If you would like to discuss the implications of what sponsorship entails please let me know.

1 Answer | Asked in Immigration Law for Georgia on
Q: Can my kids father get deported we have 3 kids together and were gonna get married. What can i do?
Elizabeth Nicole Kozycki
Elizabeth Nicole Kozycki
answered on Nov 8, 2017

I would need to know a few more details in order to assist. Is he currently in removal proceedings?

1 Answer | Asked in Divorce and Immigration Law for Georgia on
Q: Currently separated after 10 years of marriage with 3 children. Have been in this country since High school.

Husband promised to file for a green card but never happen. Will I have issue getting a GC at this point?

Elizabeth Nicole Kozycki
Elizabeth Nicole Kozycki
answered on Nov 8, 2017

I know these are somewhat sensitive questions, however, it will come down to the details of the relationship. Have you filed for divorce, has the divorce been finalized?

1 Answer | Asked in Immigration Law for Georgia on
Q: Hi I am a permanent resident (USA), I was arrested once (a year ago), I wasn't convicted but they keep stoping me airpor

I went to cuba about 2 months, and they stopped me again at the airport, I'm going again on november I just want to know if I will have any problem. I even have a letter from the court saying that my case was closed, and that I wasn't convicted.

Elizabeth Nicole Kozycki
Elizabeth Nicole Kozycki
answered on Nov 8, 2017

Unfortunately, it can take some time for the system to update, however, a year seems a bit excessive. For your upcoming trip, hopefully, the system has updated, in case it has not I would definitely carry the letter from the court with you. However, based on the information you provided I would not... View More

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