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Georgia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Georgia on
Q: Name change of minor son (US citizen) as part of naturalization of parents

I have applied for my US citizenship ( N-400 ) and requested a name change for my self,wife and my older son (who is not a US citizen) as part of the naturalization. I have another son who is a US citizen (7yr old ) , how i can get my second son's name changed along with ours as part of... View More

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Apr 24, 2016

You have to take a separate process to change your American citizen son's name.

1 Answer | Asked in Immigration Law for Georgia on
Q: I haven't received green card, but am I allowed to make my own company and work as a freelancer with EAD?

I have applied for adjustment of status and received EAD (work authorization permit) few days ago.

I'm still waiting to get my green card.

I would like to work as a freelance graphic designer. Am I allowed to work as a freelancer with this EAD?

Thanks!

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Apr 16, 2016

YES, you can. Good luck

1 Answer | Asked in Immigration Law for Georgia on
Q: My step father is on my birth certificate and was born in Mexico. Can I become a citizen through birthright?
Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Apr 16, 2016

There are questions and answers similar to the mentioned situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.

1 Answer | Asked in Immigration Law for Georgia on
Q: entered b2 changed to f1. New visa issued?

I have someone getting ready to consular process. She came in years ago on a b2 visa and changed her status here in the US to F1. I'm confused. Did she get an entirely new visa while here or did she just change her status to F1? Should she have 2 visa numbers? Will the consulate want to see... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Mar 14, 2016

She can only maintain one non-immigrant status at a time. You should consult with an immigration attorney to help review the files and help you with the entire process. Many immigration attorneys including me offer free consultations, make use of the consultations.

All the best....
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2 Answers | Asked in Immigration Law for Georgia on
Q: is there any law that allows for green card when I have lived in the States for 27 years?
Shan Dimitris Potts
Shan Dimitris Potts
answered on Feb 11, 2016

You might not be able to get the green card right away but with some information an immigration attorney can determine if you can apply for some immigration benefits. I suggest you talk to an immigration attorney in private regarding this matter. Many immigration attorneys including me offer free... View More

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1 Answer | Asked in Immigration Law for Georgia on
Q: I am here on visitors visa. I am also waiting on I-290B process from an old I-130 petition. Should I go and file I-485
Shan Dimitris Potts
Shan Dimitris Potts
answered on Feb 3, 2016

More information is needed to answer this question. Are you going to submit I-485 for the I-130 petition that you are waiting for a decision on? Highly recommend talking to an immigration attorney in private regarding this matter. Many immigration attorneys including me offer free consultations,... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: Does it hurt to apply now for a green card or wait to get married first?

We don't know if we should apply for my girlfriend to get a green card now or wait to get married first and then apply. I am a naturalized citizen and i know its better to get married first but my question is if she puts in for her papers before we get married and then we decide later to get... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 19, 2016

If you are planning to sponsor your girlfriend you can only do so if you two are married. You can not sponsor your "Girlfriend" you can only sponsor your "Spouse". But if someone from your girlfriend's family is sponsoring her for a green card then she can go ahead with the... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: I-130 Case type processing time on visa bulletin question

I am a US citizen and I filed for my married daughter in India on June 2013. I have checked the visa bulletin and under the family sponsored F3 category, and it shows ” 01AUG04″ Does this mean that they are processing cases from August 2004? How long is the average processing time for this... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 12, 2016

Hello,

Yes Green cards under F3 categories has one of the longest wait times just behind the F4 categories. And yes, if the priority date says Aug 2004, it means they are processing the applications and petitions submitted during that time. The average processing times changes for every...
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1 Answer | Asked in Immigration Law for Georgia on
Q: Sposues EAD/AP validity if your I-485 is approved and she/he got a RFE

I am currently on H1B visa. My I-140 (EB-NIW) was approved a few months ago. Recently I received an update that my I 485 has been approved, however my wife was issued an RFE (which we have not received as of yet). She was on F1 (6 months here) when we had applied for the green card and she received... View More

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Jan 5, 2016

Her status now is in limbo as "adjustment pending." Since H-4 is dual intent, she may want to enter using that since there seems to be an issue with her green card (and her AP is tied to her GC application). Usually clients with pending I-485s enter using AP.

1 Answer | Asked in Immigration Law for Georgia on
Q: Hi, I have applied for my EADi-765 for 2 times but still didnt get it and there is no response on my case from USCIS yet

Hi, I'm an International student applied for my EAD first time on march 2015 the case was approved and i did changed my address before card arrives but it went to the address which i gave earlier and couldn't get the card and status was card was undelivered for some reason and i have... View More

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Jan 5, 2016

Did you re-apply for the EAD or did you apply for a REPLACEMENT EAD?

1 Answer | Asked in Immigration Law for Georgia on
Q: Renewal of drivers license for EAD.

My 485 has been pending and I have been working with my EAD from last 6 yrs. recently I was denied renewal of my license saying that the new GA rule does not allow people with EAD for drivers license. I also received a letter from DMV stating that my license have been suspended. Please suggest... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Dec 11, 2015

If there is a change in the GA law there is nothing an immigration attorney can do. You can try and find out what has changed in the law or talk to an agent in the DMV to find out what are the other options you have. If not you will have to wait until the 485 is approved. All the best.

15...
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2 Answers | Asked in Immigration Law for Georgia on
Q: I am currently on an H1B Visa and want to retire.

What do I need to do to exit/entry in order to live in the US part-time as a Canadian snowbird?

Shan Dimitris Potts
Shan Dimitris Potts
answered on Dec 11, 2015

The day you quit your job your H1B visa will become invalid. But if you decide to work for another company they can file a new petition and you can start working for them immediately rather than having to wait to go through the lottery. Now if you want to live in the US without having an H1B you... View More

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1 Answer | Asked in Immigration Law for Georgia on
Q: My husband is here on his 2014 ESTA but wishes to stay longer than 90 days for the birth of our child. What do we do?

I am a US citizen. My husband received his ESTA in 2014 to visit me the first time. This trip was to visit for the holidays (after my return from over a year in his country);however, there have been concerns about my pregnancy, so I want to stay here closer to my family- at least until our child... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Dec 4, 2015

A lot depends on what your immigration status is, if you are a citizen or a permanent resident your husband will be able to apply for a green card and will be able to stay here. If you are not a citizen or a permanent resident, he does not have a lot of options..he can apply for an extension but... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: I forgot to add an employer I worked for legally for two weeks on my Perm application, I'm applying for my AOS, Impact?

I worked for an employer for two weeks legally 14 years ago and forgot to include it on my PERM application, the labor cert passed and we are about to submit the AOS when I noticed I got a stamp for a TN-1 for that company on an old passport, should I add the employer to the AOS, will it mean... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Dec 3, 2015

You may be able to get away with this, you can go ahead and submit it as is now. If they need information about those two weeks you will be getting a RFE where they will ask you to provide the details about those two weeks. All the best.

15 years of successful immigration law experience....
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1 Answer | Asked in Immigration Law for Georgia on
Q: Family based GC for Adopted Son

My Mom and Dad ,adopted her sister's son in 1999 ,he was 8 or 9 old then.Due to sudden death of my father,he went back and stayed with his biological parents .My mom and myself moved to the US in 2002 ,She became a US citizen in 2013 and would like to sponsor a family based Green card for her... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Dec 3, 2015

This process is going to be long not because he is adopted but because he is 24. If he is married he is going to be even longer not to forget the country he is from, if he is from mexico, philippines, china it is going to be upto a decade. First start off by contact an immigration attorney to do a... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: I am having process for i130 for my wife who is in Nepal now. I am in NVC case. My income is not capable to be a sponsor

I have a sponser for my wife who was single on 2014 tax return and income was $25,000. He has baby now from her girlfriend this year 2015. Can he sponser for my wife?

Shan Dimitris Potts
Shan Dimitris Potts
answered on Nov 16, 2015

It is hard to say but it depends on whether or not the baby and his girlfriend live with him at the moment. Contact an immigration attorney to help you with this process as it is a very important step in the AOS process. All the best.

15 years of successful immigration law experience. The...
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1 Answer | Asked in Immigration Law for Georgia on
Q: I am a F-1 Visa foreign student attending local private school in Atlanta and I am 18 years old.

Do I need a guardian?

Is the guardian required to live with me?

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Nov 14, 2015

why do you need a guardian?

1 Answer | Asked in Immigration Law for Georgia on
Q: my spouse recently arrived in United state and i am permanent residence so what i have to for next step.
Shan Dimitris Potts
Shan Dimitris Potts
answered on Nov 3, 2015

Okay if you are a permanent resident you can file AOS applications(I130,I485,I765,I864 etc) for your wife. Depending on which country you are from, this might take anywhere from a few months to 2 years, your wife will not be able to remain here legally or will not be able to work here legally... View More

2 Answers | Asked in Immigration Law for Georgia on
Q: I am here on a visa and i have my baby here would my baby be an american citizen,and would i have a problem going back?

When i came here on my visa i was 7 months pregnant and they told me i was allowed 9 mo ths to stay would i have problems going back with my baby??

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 2, 2015

Taking your baby back to your home country? Interesting question, actually. I suppose you could get a US passport for your baby (and possibly one from your home country, depending on the laws of your home country).

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1 Answer | Asked in Immigration Law for Georgia on
Q: Does traffic ticket driving without license, misdemeanor offense impact H1B immigration status ?

My friend got traffic ticket last week for driving without a license in georgia. He was detailed but release after three hours on cash bond. His H1B extension is filed by his employer two months back. Question is does he need to inform employer about his arrest and release, his traffic violation ?... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Oct 27, 2015

He does have to inform his employer and it may or may not impact his h1b processing. Since it has been pending for more than two months he may get away with it. But if USCIS finds out they will send an RFE to get more documents. This is a good time to get an immigration attorney to help your... View More

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