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Georgia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Georgia on
Q: i was brought to the us illegally by my parents when I was 3 now I’m 14.
Safiya Webber Byars
Safiya Webber Byars
answered on Jul 27, 2018

Hello and thank you for your question. Please contact an immigration attorney to discuss all of your options. Best of luck to you.

1 Answer | Asked in Immigration Law for Georgia on
Q: I'm married to a foreign born spouse, her kids from another relationship live with us.

If I'm able to adopt and will they become US citizens?

Safiya Webber Byars
Safiya Webber Byars
answered on Jul 27, 2018

Hello and thank you for your question. It is impossible for me to give you a definite "Yes" answer to this question because I will need to know a lot more information from you. Immigration sometimes allow adopted parents to obtain immigration status for adopted (foreign born children) but... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: My husband and I are filing for his green card and we need to get fingerprinted for it do I go to my local police depart

Do I get fingerprinted at the local police department or uscis offices

Safiya Webber Byars
Safiya Webber Byars
answered on Jul 27, 2018

Hello and thank you for your question. If you are the United States citizen you do not need to get fingerprinted. Once you have filed your husband's case with Immigration he will receive his fingerprint appointment from Immigration and they will take his fingerprints. Based on your questions... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: I have been helping my pastor mentor at-risk youths for 2/12yrs as B2 visitor, can she file I-360 religious worker?

I have never stayed in the country for more than four months at a time. My sister has a place that I can stay and I will continue to assist my pastor as an unpaid volunteer. Would my sister's place be sufficient to show I would not become a public charge?

Hector E. Quiroga
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Hector E. Quiroga
answered on Jul 9, 2018

Public charge really isn’t really a hurdle to overcome for religious worker visas. The employer has to show that you will be appropriately compensated, and it is possible that your sister’s residence can be figured into that equation.

Be careful even volunteering on a B2 visa. That...
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2 Answers | Asked in Immigration Law for Georgia on
Q: F-1 to Green Card even after overstaying visa

I need some advice. I came to the US almost 4 years ago on an F1 visa. During my 1st year, I tried to transfer to a cheaper college which wouldn’t accept me without a transcript from my previous university , but the previous university said I couldn’t get a transcript without paying them off in... View More

Carl Shusterman
Carl Shusterman
answered on Jun 14, 2018

You may be able to immigrate to the US through your mother. However, as of August 9, 2018, you may start to incur unlawful presence. Schedule a consultation with an experienced immigration attorney.

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1 Answer | Asked in Immigration Law for Georgia on
Q: AOS for a spouse with an F1- EAD expiring in the Aug 2018

Hi,

I am a US citizen and have been married (April 2018) to a girl with an F1 visa whose EAD is expiring during August 2018. What are the possible ways of adjustment of status? Am I required to submit I -130, if so, what is estimated processing time for I-130 approval? If it isn’t... View More

Carl Shusterman
Carl Shusterman
answered on Jun 13, 2018

If you are a U.S. citizen wishing to sponsor your foreign-born husband or wife for a U.S. green card (lawful permanent residence), you will need to start the application process by filing a visa petition on Form I-130 (Petition for Alien Relative). You will mail this form (with accompanying... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: What is the fee of an attorney to file my change of status?
Carl Shusterman
Carl Shusterman
answered on Jun 7, 2018

First, it depends on the facts of your case. Second, we are not permit to quote fees online. Schedule a consultation with an experienced immigration attorney.

1 Answer | Asked in Immigration Law for Georgia on
Q: B2 visa extension for the second time in the same visit

My in-laws came to US on B2 Visa. We have filed for their extension for additional 6 months and that petition is still pending with USCIS. As they are elderly, they couldn't visit all places they want to visit and they would like extend the visa for 6 more months. My questions are

1)... View More

Carl Shusterman
Carl Shusterman
answered on Jun 7, 2018

1. Yes

2. Yes

3. No

4. Yes

5. Immediately

1 Answer | Asked in Immigration Law for Georgia on
Q: B2 visa extension for the second time in the same visit

My in-laws came to US on B2 Visa. We have filed for their extension for additional 6 months and that petition is still pending with USCIS. As they are elderly, they couldn't visit all places they want to visit and they would like extend the visa for 6 more months. My questions are

1)... View More

Carl Shusterman
Carl Shusterman
answered on Jun 7, 2018

1. Yes

2. Yes

3. No, but the odds of getting a 2nd extension are extremely low.

1 Answer | Asked in Immigration Law for Georgia on
Q: I filed i-30 for my unmarried son above 21 years. what if my son gets married?
Carl Shusterman
Carl Shusterman
answered on Jun 3, 2018

If you are a US citizen, he would move from the 1st to the 3rd family-based preference category, a much longer wait. If you are a green card holder, if he marries, he would lose his priority date.

1 Answer | Asked in Contracts and Immigration Law for Georgia on
Q: 2010 Georgia Code Title 13 - CONTRACTS Chapter 10 - CONTRACTS FOR PUBLIC WORKS E - 3. SECURITY AND IMMIGRATION COMPLI

I am placing a bid with a local City to replace the roof on their city hall. They require an affidavit requiring a verification of compliance with OCGA 13-10-91 and Ga Dept of Labor Rule 300-10-1-.02 and 300-10-1-.08. I am not sure my subcontractor can provide the same. Is there a way around the... View More

Carl Shusterman
Carl Shusterman
answered on May 31, 2018

I am not sure why your question is listed under immigration law. I will let an attorney in Georgia who is familiar with these rules answer your question.

1 Answer | Asked in Immigration Law for Georgia on
Q: Can my spouse apply for adjustment of status to legal permanent resident without 212(e) waiver?

My spouse was on a J-1 Visa subject to 212(e). He returned to the U.S. under an F-1 Visa without residing in his home country for two years. We got married this past December and are trying to apply for his green card; however, we are uncertain if he needs to apply for a 212(e) waiver.

Carl Shusterman
Carl Shusterman
answered on May 16, 2018

Yes, he needs to get a J waiver before he will be eligible for a green card.

2 Answers | Asked in Immigration Law for Georgia on
Q: My husband was told he can not apply for the green card because he crossed the boarder twice is this correct?

I am a US citizen my husband has no record. He has a workers permit but he was told he would get the 10 year penalty if he chose to file for a green card because he crossed the boarder twice. For the past 7 year he has been filing only a workers permit due to being worried he will be deported for... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on May 15, 2018

It probably isn’t a question of how many times your husband crossed the border but rather how much time he was in the US without permission.

Anyone who is in the US for more than a year without permission, leaves, and then reenters without permission, is permanently barred. If he crossed...
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1 Answer | Asked in Immigration Law for Georgia on
Q: GOOD MORNING SIR. SINCE DRIVERS LICENSE IS A PRIVILEGE THEN WHAT IS THE EXACT LAW REQUIRING A LICENSE ?

THE SUPREME COURT USES BLACKS LAW DICTIONARY QUOTES IF YOU ARE NOT TRANSPORTING COMMERCIAL GOODS THEN YOU ARE REQUIRED TO BE LICENSED. THAT'S WHY I ASK ABOUT THE SUPPOSED LAW

Carl Shusterman
Carl Shusterman
answered on May 11, 2018

Every state has its own laws regarding drivers licenses.

1 Answer | Asked in Immigration Law for Georgia on
Q: My I-140 was approved under EB-3. What documentation can I ask from my employer? I only received an I797

I am planning to change employer after the 180 day waiting period and the new employer will file an H1B extension and another petition under EB 2

Carl Shusterman
Carl Shusterman
answered on May 8, 2018

Your employer may not agree to share these documents with you. However, you can use the Freedom of Information Act to get a copy of your file from the USCIS.

2 Answers | Asked in Immigration Law for Georgia on
Q: Hello, My mom got married to a US citizen (an army retiree) he intends to apply for a green card for her and myself.

The issue is I turn 21 on the 19th of May, however he intends to file for the green card before then. I was wondering under what category would I fall in. And how long would it take for me to get a green card. Will he be able to file for me at all?

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

Unless he married your mother before your 18th birthday, he cannot sponsor you for a green card. However, once your mother becomes a permanent resident, she will be able to sponsor you for a green card.

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2 Answers | Asked in Immigration Law for Georgia on
Q: K-1 or I -130

My fiancé is from Brazil and I from the states. We were planning to apply for the fiancé visa to start the process of having him move here, but I just heard about the I-130 form. He will be visiting on a tourist visa soon, so if we signed marriage papers then and he then went back to Brasil,... View More

Carl Shusterman
Carl Shusterman
answered on Apr 9, 2018

If you get married and then filed an I-130, you would not have to go through the (1) fiancee visa process and (2) then the marriage green card process. Please see https://www.shusterman.com/greencardsthroughmarriage/

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2 Answers | Asked in Divorce and Immigration Law for Georgia on
Q: My husband was previously divorced and we want to know if this will affect our case.

My husband was previously married with an I 485 application pending, but canceled it after divorce. We sent in a new application with our marriage at the end of August. We are now wondering if this current application we have pending will affect if ours gets approved due to the divorce being fairly... View More

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 Mar 16, 2018

This is an immigration law question. You may want to post in that area.

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1 Answer | Asked in Immigration Law for Georgia on
Q: I'm a refugee in Georgia. I have a social security card but no passport. Can I visit Malaysia with the social security
Karen Weinstock
Karen Weinstock
answered on Mar 5, 2018

No, you cannot. In order to be able to travel internationally, you need a valid passport. You should be able to get one in the US embassy of the country where you are originally from.

1 Answer | Asked in Immigration Law for Georgia on
Q: I was wondering if it is possible to immigrate to the US with a felony criminal record and steps to move forward

The felony charges do include drugs.

Karen Weinstock
Karen Weinstock
answered on Mar 5, 2018

It will depend on the charges, but potentially a felony will be a big obstacle. You should consult with an experienced immigration attorney who can look into your charges and confirm if you can come to the US. Also there is the fact that you will need a sponsor if you are thinking about coming to... View More

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