Immigration Law Questions & Answers

Q: Islamic marriage, NOT civil, not legal. do we file K1 fiancée or spousal visa

1 Answer | Asked in Immigration Law on
Answered on Aug 31, 2016

U.S. consulates consider it a marriage. As it was performed by an religious official which the home country recognizes as a legal marriage, so our consulates will consider it a marriage.
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Q: PERM/EB2. Can we start the recruitment step while we are waiting for the Prevailing Wage Determination?

1 Answer | Asked in Immigration Law for Texas on
Answered on Aug 31, 2016

In theory yes, but it's not usually a good idea to do so. There are two schools of thought on this issue. Generally speaking, it is always better wait for the prevailing wage determination (PWD) to be issued, but we are now in the era of PWDs taking over 90 days. The reason it's better to wait is because there are additional risks associated with recruiting before the PWD is issued. So you should discuss this with your lawyer. Some people recruit while the PWD is pending and have no...
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Q: I'm 19 Years Old! May I Gave My Dad A Green Card? I Got Told Yes Since I'm Over 18 But I Know You Can At 21 ?I'm Right?

1 Answer | Asked in Immigration Law for Texas on
Answered on Aug 30, 2016

You are right. Only US citizens over the age of 21 may file for their parents. But each case is different, and there are other types of cases where being under 21 is importan (for somebody in immigration court). It really depends. Consider discussing with an immigration attorney. Many of us offer free consultations.
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Q: Marrying my girlfriend and the process

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Aug 30, 2016

USCIS will probably ask you more questions about your marriage, than they might for other couples. But it shouldn't change your eligibility. I would consider discussing with an immigration attorney.
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Q: I'm a 20 year old US citizen. My parents were undocumented immigrants and have lived outside the US for the past 7 years

1 Answer | Asked in Immigration Law and Federal Crimes for New York on
Answered on Aug 30, 2016

Were your parents in the USA illegally for more than 1 year? Did your mother finish her deportation case? Did she receive voluntary departure? These are the issues you want to probably discuss with a lawyer. Many of us offer free consultations.
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Q: Finding a way to become legal

1 Answer | Asked in Immigration Law for Arizona on
Answered on Aug 30, 2016

It sounds like your mother can file for your green card. But you should contact an immigration attorney immediately to discuss this matter. Do you have DACA?
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Q: I came to NY when I was 8 on a tourist Visa. My mother and I have been granted withholding of removal, can I change that

1 Answer | Asked in Immigration Law for New York on
Answered on Aug 30, 2016

It really depends. If you have withholding, a motion to reopen is possible, but you need a separate way to adjust your status. Do you believe you have another way to adjust your status? (for example, through family).
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Q: how much a immigration laser charge for a waiver

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Aug 30, 2016

Are you sure your wife needs a waiver? Working without authorization alone does not trigger inadmissibility. Did your wife receive any paperwork from the Consulate or from US Customs?
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Q: I am a US citizen. My girlfriend lives outside the US. What is a faster process of bringing her here: fiancé or spous

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on Aug 30, 2016

Ultimately, it really depends where you want to get married (in USA or abroad). Does that matter for you? If not, I-130s are being adjudicated very quickly at the present time. Consider doing a consultation with a lawyer to discuss the pluses and minuses of each option. Many of us offer free consultations.
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Q: I got caught with a fake if. They took my license. Will my suspensión be different if I'm not a permanent resident?

1 Answer | Asked in Immigration Law for Arkansas on
Answered on Aug 29, 2016

Suspension from what? Work? School? More information is needed to answer this question. Talk to an immigration attorney in private regarding this situation.

All the best.

-Shan Potts

www.pottsmartinez.com

+1 (323) 803 7147

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...
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Q: I am on TPS status and I would like to apply for F1 visa to be able to travel outside the US more freely.

1 Answer | Asked in Immigration Law for Pennsylvania on
Answered on Aug 29, 2016

You will need a visa stamp on your passport if you would like to travel internationally. The stamping can be done in any US embassy outside the U.S. Talk to an immigration attorney in private to get started with this procedure.

If you would like a free consultation contact my office.

All the best.

-Shan Potts

www.pottsmartinez.com

+1 (323) 803 7147

Like our facebook page for regular immigration and visa updates -...
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Q: I am under DACA & i want to get permission to see my long distance partner in Canada. Is there any way that's possible?

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

Yes you may be able to apply and get an advance parole. Talk to an immigration attorney to help you with this process. If you would like a free consultation contact my office.

All the best.

-Shan Potts

www.pottsmartinez.com

+1 (323) 803 7147

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...
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Q: My husband was in the process of a deportation case with ICE. He has been arrested for misdemeanor will he get deported

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

Immediately talk to an immigration attorney, whether or not he will get deported depends on what the nature of the offense was, in other words what led to his arrest. If you would like a free consultation contact my office.

All the best.

-Shan Potts

www.pottsmartinez.com

+1 (323) 803 7147

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

15 years of successful immigration law experience. The...
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Q: My husband came with a visa to the US. I am a US Citizen, does he have to leave the US to apply for his green card?

1 Answer | Asked in Immigration Law for Florida on
Answered on Aug 29, 2016

Did you both get married after he came here or were you married before? Talk to an immigration attorney in private regarding this situation. 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...
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Q: I am under F1 visa and married to a US citizen. Can I travel abroad before filing any lawful permanent resident process?

1 Answer | Asked in Immigration Law for Illinois on
Answered on Aug 29, 2016

Yes. You may be seen as having immigrant intent and not eligible to return on your F-1.
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Q: How can a F1 holder extend/change their status? She just had a baby w/serious medical conditions and can't go back.

1 Answer | Asked in Immigration Law for Illinois on
Answered on Aug 28, 2016

It's likely that this person needs to seek a different status as it will not be possible to extend the F-1 based on the child's medical needs.
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Q: Does my sibling(citizen of usa) file a petition for me of greencard if i'm holding F1 visa and 23year old unmarried?

1 Answer | Asked in Immigration Law for New York on
Answered on Aug 27, 2016

It would take a very long time for you to be able to use your sibling's petition. Your sibling can file for your parents, but you will not be included in those petitions for your parents. Consider a consultation with an immigration attorney to evaluate other options for you. Many of us offer free consultations.
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Q: my mother was deported. does she need to file form I-212

1 Answer | Asked in Immigration Law on
Answered on Aug 27, 2016

If she received voluntary departure, she would not need to file an I-212. Are you a US citizen?
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Q: Is there any way for a permanent resident (3 years green card holder) to petition for green card of a parent?

1 Answer | Asked in Immigration Law for Washington on
Answered on Aug 26, 2016

Unfortunately no. Permanent residents cannot file for parents. Only citizens. Are you eligible possibly to naturalize early? You might be if you are married to a US citizen.
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Q: Does the prevailing wage need to be ordered per employee/per position or is there any way to expedite this step?

1 Answer | Asked in Immigration Law for Texas on
Answered on Aug 25, 2016

You can have one prevailing wage for multiple employees as long as its the same position. If it's different positions, you would require separate prevailing wage determinations.
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