Immigration Law Questions & Answers

Q: When am I allowed to travel to the U.S. with a H-1B visa? Job starts on 20th of July, 2016

1 Answer | Asked in Immigration Law on
Answered on May 3, 2016

If you have an approved H1-B you can travel to the US 30 days ahead of your the day your work starts. Talk to your employer's immigration attorney to confirm.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

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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Q: I'm a victim of marriage fraud. what is the first step I need to take to report him? Should I call ICE or USCIS?

1 Answer | Asked in Criminal Law, Family Law and Immigration Law for North Carolina on
Answered on May 3, 2016

You need two lawyers, first would be an immigration lawyer to report and make sure he loses his permanent resident status (you would need a lot of proof to make this happen). Once that is done, you can use the same lawyer (most lawyers to family law too, you just have to pick the right one) and apply for a divorce. Start by contacting a few lawyers to see which one would suit the best. Many immigration attorneys including me offer free consultations, make use of the consultations.

All...
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Q: my sister in law has a visa and wants to return to her own country

1 Answer | Asked in Immigration Law for Michigan on
Answered on May 3, 2016

It depends on how old the daughters are, you have left out a lot of information. If the daughters are here on a dependent visa, they wouldn't be able to stay here if their mother leaves. I highly recommend you talk to an immigration attorney in private to help you with this situation. Many immigration attorneys including me offer free consultations, make use of the consultations.

All the best.

-Shan Potts

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Q: I am holding a b2 visa and I'm already in usa, now I will like to work and a company wants to sponsor me.help!

1 Answer | Asked in Immigration Law on
Answered on May 3, 2016

You can apply for a Change of Status through the company, and you will not be able to work until the COS is approved and you receive the visa. The COS might take upto 5 to 6 months depending on what kind of visa you are applying. The easier way would be to go back to your country and apply for a new visa through your employer and come back inside which would be much less than 5 months depending on which country you are from. It is best for you to contact an immigration attorney to help you with...
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Q: How long can I stay outside US with a valid LPR? Valid till 2023

1 Answer | Asked in Immigration Law on
Answered on May 3, 2016

It is not advised to stay out of the US for more than 6 months in a year unless you have an undeniable reason that made it difficult for you come back to the US within 6 months. You could use the reason that you are pregnant as a reason, usually people who are travelling outside the US who anticipate they wouldn't come back within 6 months apply for an Re-entry permit which lets them stay out of the US for 2 years. Make sure to document all your hospital visits and if possible get a...
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Q: out of statu more than 6 months can't find my i94 online will i be deported or arrested if i go to any deferred office ?

1 Answer | Asked in Immigration Law for New Jersey on
Answered on May 3, 2016

The answers depends on more information that you have not provided in the question. It is best for you to contact an immigration attorney to help you with this process. Many immigration attorneys including me offer free consultations, make use of the consultations.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is...
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Q: I have spent 8+ years on H1B with I140 approved with employer A.

1 Answer | Asked in Immigration Law for Georgia on
Answered on May 3, 2016

This is more than just a general question and this forum is for general questions only so I would suggest that you contact the Atlanta Bar Referral and ask for an Immigration Attorney in your location. I will give you the link here: https://verdict.justia.com/2016/05/03/a-room-with-a-view This is a law firm, I do now know them and I do not endorse them, that seem like they might be able to answer your question in detail: http://www.murthy.com/worker/h1b-visa-status/
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Q: Can I renew H4 visa even though my earlier H4 is still active for more than a year?

1 Answer | Asked in Immigration Law for Georgia on
Answered on May 1, 2016

See the following link for more information: http://www.path2usa.com/h4-dependent-visa You should also seek the advice of an attorney who specializes in Immigration Law and if you don't know of such attorney, you may try the Atlanta Bar Referral Service at the following: http://www.atlantabar.org/?lrishome
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Q: Friend charged with eavesdropping. What are the consequences?

1 Answer | Asked in Criminal Law and Immigration Law for Georgia on
Answered on May 1, 2016

He will lose his visa and be deported back to where he came from.
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Q: A 60 year old woman born from a U.S. citizen father in the Philippines, can she claim to be a U.S. citizen too?

1 Answer | Asked in Immigration Law for California on
Answered on Apr 29, 2016

She should have claimed it before she turned 21, now that she is 60 there is not much she can do. I highly recommend you talk to an immigration attorney in private to help with this situation. Many immigration attorneys including me offer free consultations, make use of the consultations.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience....
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Q: I'm 18, how do I get a green card w/o help from my family? Have work permit, but passport is expired.

1 Answer | Asked in Education Law, Employment Law, Family Law, Gov & Administrative Law and Immigration Law for Colorado on
Answered on Apr 28, 2016

There are ways (esp. via employment), here is a link to the USCIS webpage related to green cards. https://www.uscis.gov/greencard .
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Q: Hi I am an employer and I am looking to hire a psychiatrist who has J1 Visa. I am looking for an attorney who can help.

1 Answer | Asked in Immigration Law for California on
Answered on Apr 28, 2016

Try talking to an immigration attorney in private. Regarding the qualifications, you can check the USCIS, DHS websites.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

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...
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Q: My husband was deported 6 years ago and had a 5 year no re-entry ....how do I go about getting him back to California

1 Answer | Asked in Immigration Law for California on
Answered on Apr 28, 2016

Whether or not he can come back depends on a lot of different things, most important of them all is your immigration status. I highly recommend you talk to an immigration attorney in private to help you with this situation. Many immigration attorneys including me offer free consultations, make use of the consultations.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of...
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Q: What is the current wait time for non premium processed O-1 Visa petitions in California?

1 Answer | Asked in Immigration Law for California on
Answered on Apr 28, 2016

You should always add 30 to 45 days on top of what is mentioned in the USCIS site except for a very few petitions. Also check the date it was updated, it may not be very recent.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

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...
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Q: After my fiance comes to the US is it true that we have to wait 60 days before we get married?

1 Answer | Asked in Immigration Law for Florida on
Answered on Apr 28, 2016

It depends on what kind of visa she comes in. If she is on a Fiance Visa she will have to get married within 90 days, if she is in a tourist visa she will have to wait at least 60 days before she can get married but getting married on a tourist visa is no recommended as it may have negative consequences. You need to talk to an immigration attorney in private to find out. Many immigration attorneys including me offer free consultations, make use of the consultations.

All the best....
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Q: I didn't marry my girlfriend before I was granted asylum. Can we reopen case and include her there?

1 Answer | Asked in Immigration Law for New York on
Answered on Apr 28, 2016

You will be able to apply for Permanent Residency after a year since you got your asylum approved, once you get your permanent residency approved you can sponsor. That process is much easier than opening the case and adding her there. You need to talk to an immigration attorney in private. Many immigration attorneys including me offer free consultations, make use of the consultations.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa...
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Q: My case was closed with prosecutorial discretion; what happens next? Will ICE suddenly open it again?

1 Answer | Asked in Immigration Law for California on
Answered on Apr 28, 2016

Nobody can say if ICE will open your case suddenly but it unless there is a reason for them to do so they might not open it. That reason being you becoming a priority for deportation. I suggest you talk to an immigration attorney to help you with this process. Many immigration attorneys including me offer free consultations, make use of the consultations.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates -...
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Q: Can I go visit my country, with concealment issue?

1 Answer | Asked in Immigration Law for Virginia on
Answered on Apr 27, 2016

Most attorneys are going to be hesitant to advise you on this specific question anonymously without knowing your specific facts and criminal history. If you have other criminal history, you very likely may have a problem. Before you leave, consult with a local immigration attorney. Your home country will not make a difference. Good luck.
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Q: Do high school students from refugee camps with transcripts have to graduate in less than four years to be "on time"?

1 Answer | Asked in Education Law and Immigration Law for Ohio on
Answered on Apr 25, 2016

It's unclear what your stake in this is. Are you a student? A parent? A taxpayer? A teacher? An administrator? I'm not aware of any provision which would make an otherwise untimely graduation timely, or discount it, simply because the student arrived from a foreign country or refugee camp. The school's policy may be the root of the problem. After all, if the school determines the student is prepared for sophomore level work, the school will be expected to graduate the student in accordance with...
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Q: I married an illegal immigrant who has been deported and came back to America illegally again. How do I get divorced?

1 Answer | Asked in Family Law and Immigration Law for Texas on
Answered on Apr 24, 2016

discuss with a family/divorce attorney in your state
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