Immigration Law Questions & Answers

Q: Me and my girlfriend are on F1 visa in USA we are thinking to get married over here so is it give any benefit status ?

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Feb 6, 2016

As long as it is a good faith marriage, it will help you. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. Good luck.

Q: MY GREEN CARD EXPIRED IN 2008! Can I still renew my green card ? Will I loose my RESIDENCE? what do I do first?!!!

1 Answer | Asked in Immigration Law for Texas on
Answered on Feb 5, 2016

You will most likely have to apply for a new green card, you have likely abandoned your green card by not renewing it for more than 8 years. Talk to an immigration attorney to first check if your green card status is still active, if not you can have the same lawyer help you with the green card process. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.

-Shan Potts

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Q: Need some thougths on get replied by USCIS

1 Answer | Asked in Immigration Law for Indiana on
Answered on Feb 5, 2016

You have to exclude all the holidays and weekends, plus USCIS does not have any obligation to complete the request within 45 days, it may take longer if they have more case back logs. But, yes you should hope to get this within 45 days. If you are in a hurry as your attorney how you can speed it up by opting for premium processing. All the best.

-Shan Potts

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15 years of...

Q: Need to renew my existing H1B visa which approved on year 2007.

1 Answer | Asked in Immigration Law on
Answered on Feb 5, 2016

Its valid for 6 years from the time of approval and you need to renew it after three years in order to get the 6 years validity. Since you did not do both you cannot use the same visa to come to the US you need to get a new visa. Talk to an immigration attorney to find out what is the best option for you. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.

-Shan Potts

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Q: My husband was deported on 01/18/2013 due to him being illegally in the country. He has a band of 10 yrs.

1 Answer | Asked in Immigration Law for Texas on
Answered on Feb 5, 2016

You need to set up an infopass to find out what is the current status of the case. Or you can go online and find out if you have the case number. I suggest talking to an immigration attorney to help you with this process. All the best.

-Shan Potts

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15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal...

Q: can i do affiliate marketing on Opt status and H1 my course subjects are related to computer science

1 Answer | Asked in Criminal Law, Employment Law, Immigration Law and Tax Law for Washington on
Answered on Feb 5, 2016

You can do as many jobs as you want when you are on OPT, but you will have to report all those jobs and they pay taxes properly. If you get an H1 you can not work for anyone else except the employer who sponsored your H1 visa. All the best.

-Shan Potts

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15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal...

Q: My husband is on student visa he is married but showed himself single so what legally can I do?

1 Answer | Asked in Divorce and Immigration Law for Illinois on
Answered on Feb 5, 2016

Well you need to contact an attorney to file a complaint and also a request for divorce. Contact an attorney through email or phone if you are outside the US. 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 only general in nature...

Q: hi

1 Answer | Asked in Immigration Law for Florida on
Answered on Feb 5, 2016

Hello,

Do not worry, if they need more documents they will send you a RFE (Request for Evidence), you can then send the documents they ask for. If now please set up an info pass and submit the rest of the documents. 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...

Q: F1 marry to Grren card holder,we apply for aN adjustement status. while waiting for the GC can i have a work permit?

1 Answer | Asked in Immigration Law on
Answered on Feb 5, 2016

Unfortunately no, if he was a US citizen you might be able to get a work permit. Since he is a green card holder you will have to wait until your priority date is current in order to get a work permit. But you can get a work permit through your F1 visa if you pick the right school and the right program. About travelling, you will be able to travel out of the country but you if you do you will not be able to come back until you get your green card. However you can get an advance parole if you...

Q: Hi I got my B2 multiple entry visa in 2014 for 5 years & was planning to attend my cousin's wedding in US in 2015.

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Feb 5, 2016

You can stay in the US until you get a decision on your I-539. Something is wrong here as change of status should not take 9 months. You said he applied 3 months back and you said you got a letter stating you will have to wait another 6 to 9 months. Usually COS only takes about 3 to 5 months. You need to contact an attorney to find out why your case has been pending for so long. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best....

Q: My brother is a green card holder he being held by ICE for removal because an old CDV case from back in 2012 WHAT CAN WE

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Feb 5, 2016

You need to get an immigration attorney to either file a bond or attend the hearing along with him. If you fail to do so your brother might get deported. 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 only general in nature...

Q: I was arrested for shoplifting 5 years ago. I was 25. I recently got married, but afraid to apply for green card.

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 5, 2016

You most likely will not get deported if you get the right attorney. You can prevent getting deported since you have a USC husband and 3 year old kid. You need to talk to an immigration attorney to figure out how you can reduce or expunge your conviction so you can apply for a green card without any problems. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.

-Shan Potts

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Q: If a us citizen pregnant and on vacation in mexicp werw to give birth. how? What laws pretain to bringing her baby home?

1 Answer | Asked in Immigration Law for Arizona on
Answered on Feb 5, 2016

Hello, if both the parents are US citizens they can bring the baby in as long as they provide proof. Also if they are going to stay in mexico for a while they can register the baby in the nearest embassy and get an american passport for the baby. Talk to an immigration attorney to help with the process. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.

-Shan Potts

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Q: Q: I was deported for overstaying my visa about 7 years ago , can I get a green card if I marry a US citizen still ?

1 Answer | Asked in Immigration Law and International Law on
Answered on Feb 5, 2016

Did you get a bar? How many years did you get? You sure can apply for a green card if you have completed your bar. If not please talk to an immigration attorney about how you can get back to the US. 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....

Q: Can a resident travel to Germany, just for two weeks vacation.

1 Answer | Asked in Immigration Law for Texas on
Answered on Feb 5, 2016

If the person is a permanent resident then, yes. She can travel out of the country and come back in without any problems as long as she carries her Green Card (permanent resident card) with her. If she is not permanent resident, please talk to an immigration attorney in private about this matter. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.

-Shan Potts

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Q: I received my green card.i want my brother and his wife and a baby girl to visit me.i don't have my parents.i need help

1 Answer | Asked in Immigration Law for Georgia on
Answered on Feb 5, 2016

The following is a website that might get you going in the right direction: https://www.uscis.gov/family

Q: Is it safe to travel from state to state if you overstayed on your tourist visa? Passport and visa is still valid.

1 Answer | Asked in Immigration Law for Georgia on
Answered on Feb 4, 2016

These links should help you answer your question: http://www.alllaw.com/articles/nolo/us-immigration/consequences-of-overstaying-on-temporary-visa.html and http://www.visaplace.com/usa-immigration/have-you-overstayed-your-visa-or-status-in-the-usa/

Q: I entered US as a tourist and my visa expired. Is it safe to go outside US while applying green card application?

1 Answer | Asked in Immigration Law for Georgia on
Answered on Feb 4, 2016

The following link should help you answer your question: http://www.alllaw.com/articles/nolo/us-immigration/visa-expires-leave-wait-for-green-card.html

Q: I have DACA and I just married a U.S citizen. What do I need to do to file for residency? We have a child together.

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 3, 2016

You need talk to an immigration attorney to help you with the process as it much more complicated than you think. But generally your spouse will have to file the following documents I-130, I-485, I-864. There might be more documents added to this list depending upon your immigration and criminal history. It is always better to talk to an immigration attorney to help you with this process so you can be confident and stress free. Many immigration attorneys including me offer free consultations,...

Q: now company A found guilty - can I get priority date of 2007 or 2011 ( my inital I140 was denied due to Fraud employer

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

You may be able to retain your priority date, I suggest talking to an immigration attorney about this issue in private so he/she can analyze your files and confirm the same. 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 only...

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