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Immigration Law Questions & Answers
3 Answers | Asked in Immigration Law for Virginia on
Q: Marriage certificate recognition in US and visa options

I am a US citizen planning to marry a Yemeni citizen in Egypt. The Egyptian embassy isn't accommodating any marriage certificate notary appointments. If we get the marriage certificate notarized at the Yemeni embassy in Egypt, will it be recognized in the US, particularly in Maryland?... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 14, 2025

So the US immigration service will recognize any marriage performed anywhere in the world as valid, as long as the marriage where performed, is recognized as valid. So if there seems to be any doubt that the service and ceremony that will be performed in the country in the Middle East will be... View More

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: How to terminate a U.S. removal case from Canada?

I have a past removal case in the U.S. (Boston Immigration Court), but I no longer live in the U.S. I'm currently a protected person in Canada and have no plans to return or seek immigration status in the U.S. How can I formally request termination of my U.S. removal case? Do I need to file a... View More

Monica E Rottermann
Monica E Rottermann
answered on Apr 13, 2025

Yes, you would have to file a motion to terminate with the immigration court and also serve the motion on the Department of Homeland Security along with your evidence. You should be aware though that despite no longer being in the United States, case law does allow the judge to issue a removal... View More

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2 Answers | Asked in Immigration Law and International Law on
Q: Can a US Green Card holder get embassy protection overseas?

As a Green Card holder originally granted refugee status in the USA, am I entitled to protection from the US Embassy while overseas, or would I be considered stateless in such situations?

Monica E Rottermann
Monica E Rottermann
answered on Apr 13, 2025

Most U.S. Embassies provide services and assistance to green card holders, though I am not certain what you mean by protection. Also if you originally came to the United States as a refugee you should not return to the country of your persecution, or your green card could be revoked if the United... View More

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2 Answers | Asked in Immigration Law for California on
Q: Are green card holders facing secondary inspections at airports for staying over 180 days outside US?

I am a green card holder returning to the U.S. through LAX after staying overseas for about 11 months. Previously, I stayed overseas for just under a year and was only asked simple questions, such as which country I stayed in. With current immigration scrutiny, are green card holders now facing... View More

Monica E Rottermann
Monica E Rottermann
answered on Apr 13, 2025

Yes, you are more likely now than in the past to be sent to secondary and questioned on your lengthy absence from the United States. You should be prepared to provide an explanation for your absence and ideally have evidence of the cause for the absence as well as proof of your continued ties to... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: Can I change my address after receiving a notice to appear in immigration court?

I received a notice to appear in immigration court after my asylum request was denied. Since then, I've relocated to a different city within the same state. I haven't communicated with legal counsel yet, and I'm unsure about the process to inform the immigration court about my new... View More

Monica E Rottermann
Monica E Rottermann
answered on Apr 13, 2025

Yes, you are required to file a change of address (Form E-33) with the immigration court and serve it on the Department of Homeland Security within 5 days of changing your address. https://respondentaccess.eoir.justice.gov/en/forms/eoir33ic/

The consequences for failing to update your...
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2 Answers | Asked in Immigration Law for Florida on
Q: Can my I-751 be denied if filed late due to incorrect fees?

I initially submitted both the I-90 and I-751 applications within the 90-day period before my green card expired, but they were returned by USCIS due to incorrect fees. By the time I corrected and resubmitted them, I was outside the 90-day deadline. Eventually, USCIS extended my green card for 24... View More

Monica E Rottermann
Monica E Rottermann
answered on Apr 10, 2025

To remove the conditions on your residency status you would only have had to file Form I-751, you are not required to file Form I-90 at that stage. Perhaps you misread the notice you received regarding why your I-90 was being denied.

In terms of late filing an I-751, USCIS has the ability...
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2 Answers | Asked in Immigration Law for California on
Q: Which visa is better for IT expert in AI: L1 or O1 for green card path?

As an IT expert specializing in AI with notable projects, currently residing outside the U.S. and looking to find a sponsor, I am considering applying for either an L1 or O1 visa. My goal is to eventually apply for an EB2 visa to obtain a green card and pursue citizenship in the future. Given my... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 11, 2025

L1visa is best if you already work for a multinational company with a U.S. branch, as it offers a clear path to a green card (especially through L1-A → EB-1C). The O1 visa is ideal if you have extraordinary achievements in AI (e.g., patents, awards, publications) since it allows you to... View More

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4 Answers | Asked in Immigration Law and Family Law for Florida on
Q: How can I marry my Ecuadorian fiancé in Florida and adjust her status?

I am a male U.S. citizen in Florida, and I want to marry my Ecuadorian fiancé, who is here on a tourist visa, within the next year. We plan to marry directly in the U.S. and then adjust her status. She has no prior immigration issues or unfinalized marriages. What steps should we take to proceed... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Apr 9, 2025

Consider scheduling a consultation with a competent and experienced immigration attorney. Typically, one who has entered using a visitor visa is admitted for 6 months. If you were hoping to marry on a date that is more than 6 months from her entry date, she would necessarily enter a period of... View More

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4 Answers | Asked in Immigration Law and Family Law for Florida on
Q: How can I marry my Ecuadorian fiancé in Florida and adjust her status?

I am a male U.S. citizen in Florida, and I want to marry my Ecuadorian fiancé, who is here on a tourist visa, within the next year. We plan to marry directly in the U.S. and then adjust her status. She has no prior immigration issues or unfinalized marriages. What steps should we take to proceed... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 10, 2025

If someone enters the U.S. on a tourist visa with an honest intent to visit but later chooses to stay—such as after an engagement—adjustment of status may be an option. However, entering with a concealed intent to remain permanently could present legal complications. While intent is largely... View More

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2 Answers | Asked in Immigration Law for Georgia on
Q: How can I apply for an F2 visa to join my family in Georgia?

I am seeking to join my family in the US as soon as possible, as it has been over a year since I've seen them. My young daughter is in dire need of my presence and support, as she is starting school in a few months. My wife is currently in the US on an F1 visa and has completed only 7 months... View More

Kabiraj Timalsina
Kabiraj Timalsina
answered on Apr 11, 2025

Yes! you can apply for f2 visa and you can get your f2 visa.

Required Documents and process for F2 visa:

1. Separate I-20 for dependents.

2. Valid I-20 visa and passport of Primary applicant.

3. Valid student status of Primary applicant.

4. Proof of funding...
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2 Answers | Asked in Immigration Law and Criminal Law for California on
Q: Denied citizenship due to 2015 drug charges resolved with PC 1000. Next steps?

I've been denied citizenship, and I suspect it is due to drug charges from 2015 that I handled myself. I completed the PC 1000 program to resolve these charges. I haven't sought legal help before. What should I do now regarding my citizenship application?

Mario Tafur
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Mario Tafur
answered on Apr 7, 2025

Your inquiry regarding the denial of your citizenship application, potentially linked to 2015 drug charges resolved through the PC 1000 program, involves a nuanced intersection of California criminal law and federal immigration law.

Under California Penal Code Section 1000, successful...
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2 Answers | Asked in Immigration Law and Gov & Administrative Law for Florida on
Q: Can I travel domestically in the USA with a foreign passport if I'm a visa holder?

I am a foreign passport holder with a valid visa, and I plan to travel domestically within the USA to Orlando, Florida. Can I use my foreign passport as identification for this domestic travel, and are there any specific TSA requirements I should be aware of?

Kevin D. Slattery
Kevin D. Slattery
answered on Apr 6, 2025

A valid foreign passport should suffice to board a domestic flight in the United States. This is not to say, however, particularly if you have no valid underlying immigration status or that status has expired, that immigration officials would not question you if called over by the TSA agent who is... View More

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2 Answers | Asked in Criminal Law and Immigration Law for Maryland on
Q: Can I travel to Turkey with a resolved misdemeanor charge?

I am a U.S. citizen with a resolved misdemeanor charge involving my stepdaughter. Before this, I had no prior legal issues. I previously traveled to the UK in February without any problems. I am now planning to travel to Turkey and want to know if I might face any difficulties due to this charge.... View More

Scott Scherr
Scott Scherr
answered on Apr 5, 2025

If you are on supervised probation, you need permission from your probation officer or the judge to leave Maryland. This is a standard condition of supervised probation. You will also need to see if there any restrictions in being allowed into Turkey with a conviction which depends on the laws... View More

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2 Answers | Asked in Immigration Law for Virginia on
Q: Concerns for re-entry to U.S. for conditional green card holder after trip to Italy?

I'm a Canadian conditional green card holder, sponsored by my wife. I entered the U.S. on a B-2 visa in April 2023, married a couple of months later, and received my green card in March 2024. I have no criminal record or legal issues. We've planned a trip to Italy for less than 10 days at... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 2, 2025

Your conditional green card will allow you to exit and enter the United States for vacation trips. You should not stay out of the country for more than six months at a time, and you should bring your conditional green card with you at all times as well as your passport. As long as the conditional... View More

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3 Answers | Asked in Immigration Law, Divorce, Domestic Violence and Family Law for Nevada on
Q: Adjustment of status denied after spouse's withdrawal, now out of status.

I got married to my ex-husband two years ago while I was on a J1 visa and in status. He filed for my adjustment of status, but now our marriage is ending due to his alcoholism and drug use, along with his lack of financial support. Recently, I received a message from USCIS saying my case was denied... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 31, 2025

If you were the victim of emotional or physical spousal abuse, then you could file an independent petition for a green card under the violence against woman act. The success of an application would depend upon the unique facts of your case. If he was an alcoholic, and he was threatening to withhold... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: Need lawyer help with USCIS visa application issues for mom due to file size limitations.

I am in the process of completing a USCIS visa application for my mom and need a lawyer's assistance to ensure it's done well. I'm having difficulties uploading the affidavit papers due to file size limitations and need to complete the application before the June deadline. How can I... View More

Ileana M Rivera
Ileana M Rivera pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2025

It sounds like you're facing a few challenges, but you're on the right track by seeking assistance from an experienced immigration lawyer. A lawyer with years of experience in USCIS visa applications should be able to take over your case and guide you through the process, ensuring... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: Are there income requirements for the I-751 Petition in Florida?

My fiancée arrived in the U.S. on a K-1 visa in July 2023, and we married within 90 days. She received her conditional Green Card in May 2024. When it comes time to file the I-751 Petition to Remove Conditions on her Green Card, are there any income requirements that we need to meet?

Monica E Rottermann
Monica E Rottermann
answered on Mar 28, 2025

No, as part of the I-751 petition you are not required to file a new I-864, affidavit of support, so there are no income requirements to be met. The purpose of the I-751 is to ascertain if you remain in a good faith marriage with your spouse and you will be required to submit proof of the continued... View More

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2 Answers | Asked in Immigration Law and Constitutional Law for Illinois on
Q: Will a 2012 civil ordinance violation affect my naturalization process?

I was arrested in 2012 and received a civil ordinance ticket for drug paraphernalia as a green card holder in Illinois. I want to apply for naturalization but am concerned about whether this civil ordinance violation will affect my application. I never faced a court date, jail time, or entered a... View More

Symantha Rhodes
Symantha Rhodes
answered on Mar 27, 2025

A 2012 civil ordinance violation for drug paraphernalia, while seemingly minor, could potentially impact your naturalization process. USCIS considers your moral character over the statutory period, typically the five years preceding your application. While a single, isolated incident without a... View More

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3 Answers | Asked in Immigration Law and Tax Law for Virginia on
Q: Do they check previous tax forms for citizenship?

I have been a green card holder for five years, obtained through marriage, and we have been married for six years. We have reliably filed joint tax returns each year. When applying for citizenship, will previous years’ tax forms be reviewed, or do they just check that joint returns were filed?

Monica E Rottermann
Monica E Rottermann
answered on Mar 28, 2025

The citizenship application asks if you owe any overdue taxes, and you may be asked about tax filing history, as part of the good moral character determination. Depending on the officer you may also be asked to provide copies of your taxes/tax transcripts for the past 5 years and the officer may... View More

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2 Answers | Asked in Immigration Law for Utah on
Q: How crucial is accurate residency dating for form I-129F?

How important is it to have the dates of residency exactly correct when filling out form I-129F? I don't remember the exact dates of residency at each address and do not have any documents to verify them. I have not submitted the form yet and have not sought any advice regarding estimating or... View More

Kevin L Dixler
Kevin L Dixler
answered on Mar 26, 2025

You do the best that you can based upon your best recollection. Estimates where nothing else is available is wise. Use a calendar; sometimes, that can help. Some prefer to work with experienced counsel to suggest ways to get more precise information to answer some questions on the forms.... View More

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