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Georgia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Georgia on
Q: Employment based green card and marriage based green card.

I have an approved i-129 petition, my H1b started on OCT 1, 2015. I will be going to visa stamping in the month of December, 2015. I came to do my masters from a US university in 2011 and graduated in 2013. I have been on F-1 visa. I have been working for my employer for the past 2 years. My... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Oct 21, 2015

There will be no conflicts as both of the applications will be handled separately, and without knowing which country you are from it is impossible to say whether marriage based green card will be faster or slower than the employment based. Contact an immigration attorney in private to find out. All... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: i know a person got her H1B work visa illegally, she paid a lawyer herself. I dont any prove, can i still report her?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 17, 2015

If you do not have any proof, which is what you appear to say, then what makes you think you can do anything?

1 Answer | Asked in Immigration Law for Georgia on
Q: regarding naturalization

i was born in 1988 in india and moved to United States in october 2010. i got my greencard at the same time. i live in georgia and i never registered for selective service as i was not aware it is required. i am ready to apply for citizenship. now my question is, as i have not registered for... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Oct 8, 2015

You are going to face a huge problem because of this, you are supposed to register when you are in the ages of 18 to 26. Looking at your year of birth it seems you are 27 now. You still have some options left, such was waiting until you turn 31 to naturalize or submitting a waiver. It is a... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: A friend is marrying an illegal. Will she legally inherit what he owns etc. she is using him, we are trying to stop it
Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Oct 7, 2015

You should consult with an experienced family attorney licensed in your state subject to property inheritance. If you would deport her, seek advice from an experienced immigration attorney. Good luck. www.aba-us.com

2 Answers | Asked in Entertainment / Sports and Immigration Law for Georgia on
Q: Employer filed a petition with the USCIS for my O-1B visa. It was approved while in Canada - Unlawful Presence 3yr ban?

My employer did not file from my P1 to O1 in a timely manner, as soon as I found out that i was only in pending status I headed back to Canada. I received a 3 year ban for overstaying under 180 days. My O1 visa was approved while I'm in Canada and my employer sent me a copy of my approved... View More

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Sep 30, 2015

The stated facts create a complex case.

Seek opinions from an experienced immigration attorney. Good luck. www.aba-us.com

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1 Answer | Asked in Immigration Law for Georgia on
Q: 2nd entry on B1 visa? And for how long?

Our nanny traveled with us to help with medical appointments for our kids in the USA from Jan-Apr 2015 on a B1 visa. The visa was multiple entry and expires 10 Dec 2015. We are going back to USA on 9 Dec for more medical tests and want her to come along again. Can she enter USA on 9 Dec on same... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 29, 2015

There are very few immigration attorneys who regularly contribute answers to questions on this forum. Get in contact with an immigration attorney instead of expecting a solid answer to your questions.

1 Answer | Asked in Immigration Law for Georgia on
Q: 6-Month Wait for IMBRA conviction clarification?

My fiance tried to submit packet 3 for her K1 visa and she was given a message saying that her forms cannot be processed because our application has been sent to USCIS for clarification of IMBRA record. I called USCIS today and I was told that this would take an additional 6 months to process.... View More

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Sep 23, 2015

The stated facts create a complex case.

Seek opinions from an experienced immigration attorney. Good luck. www.aba-us.com

1 Answer | Asked in Immigration Law for Georgia on
Q: Employer filed PW for h1b but they mismatched the description and job title mistakenly. what is the process time?

My Employer filed Prevailing wage for h1b but they mismatched the description and job title mistakenly. Now they decided to refile. Is the refile process takes same time or it can be processed earlier. My PI's project is out of time. Please suggest.

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

It will most likely take the same time. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts...
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1 Answer | Asked in Immigration Law for Georgia on
Q: I have applied form I-130 for my spouse and i am Permanent residence but my case is transferred to local office.

My case I-130 was received on 12/15/2014 and after almost 9 months on 08/26/2015 my status changed and said my case is transferred to other USCIS center. After few days i got NOA2. It was said my My case has been transferred to California service center from Vermont service center and i again got... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Sep 14, 2015

The process is almost over, they might have sent it to the local office for some final verification. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is...
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1 Answer | Asked in Immigration Law for Georgia on
Q: If I marry a lady from Africa. We was married in Africa is it legal for her to live in the U.S.

what will we need to do for her to be legal here

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 12, 2015

Go see an immigration attorney about this.

1 Answer | Asked in Immigration Law for Georgia on
Q: Does the fee waiver for naturalization cover the biometric fee as well as the form fee?

I just turned 18 a few days ago and is still in high school with no source of individual income.

Shan Dimitris Potts
Shan Dimitris Potts
answered on Sep 8, 2015

Yes, most of the time the applications and petitions cover the biometrics fee as well. To see if you can request fee waiver for any other forms check the following link. http://www.uscis.gov/sites/default/files/files/form/i-912instr.pdf. All the best.

15 years of successful immigration law...
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1 Answer | Asked in Immigration Law for Georgia on
Q: My husband is a sex offender many many years back, can he petition for me for permanent residency?
Ahmed Hassan
Ahmed Hassan
answered on Aug 11, 2015

In a nutshell; yes he can file a petition for you

1 Answer | Asked in Immigration Law for Georgia on
Q: A charge of DUI that was dismiss after a first time offender claim can affect an inmigration petition on process?
Ahmed Hassan
Ahmed Hassan
answered on Aug 11, 2015

First-time DUI with no injuries or a DUI conviction is considered significant misdemeanor in most states, significant misdemeanor may affect only certain immigration benefits, but not all. First-time DUI with no injuries or a DUI conviction or even just an arrest could raise a red flag when hoping... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: What happens if you are caught shoplifting an are an immigrant out of status?

Married to a U.S. citizen, have children and no prior offense?

Ahmed Hassan
Ahmed Hassan
answered on Aug 11, 2015

Shoplifting is a crime involves moral turpitude (CMT). Conviction of shoplifting and other crimes involve moral turpitude shows that the person lack good moral character, if the individual is an undocumented alien who entered the United States illegally or are out of status, that individual becomes... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: How can my husband come to the u.s? He was approved for the i601.

He was approved for the i601 when he went to appointment they told him he couldn't come back we have been married for 21 years and have 2 children.

Ahmed Hassan
Ahmed Hassan
answered on Aug 11, 2015

Your question it’s not clear, you did not state the specific reasons he was refused admission, it’s also not clear if you applied for him as alien relative or not, but assuming that you applied for him as alien relative, the I- 601 is a waiver of certain grounds of inadmissibility, some other... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: DS 260 - Do I say yes or no?

For the following quesiton.

"have you ever been refused a us visa, been refused admission to the united states, or withdrawn your application for admission at the port of entry"

Details - My son was deported from USA upon arrival in 2004 (his ban was a 5 year ban according... View More

Ahmed Hassan
Ahmed Hassan
answered on Aug 11, 2015

You should still answer yes to this question , Its asking if you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry?... And your son have been refused a U.S. Visa, the application is asking if you ever been... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: Hi, I am 22 and a US Citizen, my mother is a US resident.

Hi,

I am 22 and a US Citizen, my mother is a US resident. However my father is illegal and entered the country illegally. Can I petition for him? or possibly my mother?

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 23, 2015

You may be able to petition your mother and father both. Since your mother is already a US resident, it would not be a problem. But for your father, he needs to get some kind of travel authorization or waiver to go back to his country and enter legally so you can also petition for him. Contact an... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: Can my US Citizen brother petition me even if I have DACA?

Hello. I am an unmarried 20 year old who currently has DACA (Deferred action for Childhood arrivals) and my brother is a US Citizen (he is 40). Can he ask for a petition for me even if I already have DACA?

Rachel Einbund
Rachel Einbund
answered on Jul 22, 2015

Absolutely. He should file for you ASAP, as those petitions take many, many years to be approved. Please feel free to contact me directly if you have additional questions. Good luck !

-Rachel Einbund, Esq.

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

My name is Trang, I'm 17 years old. I came to the US as F1 Student in 2012. I attended the school on my I20 for 1 year 2012 - 2013 (10th Grade). I later transferred to public high school to finish 11th and 12th grade. I now in the process of applying for Georgia State University. They advised... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 6, 2015

The best person to talk to would the student services/visa department in your school. All the best.

"15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your...
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1 Answer | Asked in Immigration Law for Georgia on
Q: having a warrant for my arrest in Canada prevent me from entering US?

I'm 30 years old business man, planning to immigration to US under investor visa.

My inquiry is regarding an incident that happened more than 10 years ago while I was studying in Canada. I got into a fight with a girls and she pressed charges against me. The case was labeled as an... View More

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Jun 23, 2015

Seek for advice from an experienced immigration attorney. Good luck. www.aba-us.com

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