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District of Columbia Immigration Law Questions & Answers
1 Answer | Asked in Business Formation, Business Law and Immigration Law for District of Columbia on
Q: Hey, I was wondering if an immigration consultant business is legal in VA? I didn’t find any restrictions anywhere in VA

I’m not an attorney

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 18, 2022

Even generally, providing any immigration advice without a valid law licence will constitute an unlawful law practice. I would be very apprehensive to do that.

1 Answer | Asked in Employment Law, Immigration Law, Civil Rights and International Law for District of Columbia on
Q: I’m getting married with an Au Pair that finishes contract before. How much time do we have for her not become ilegal?

I am marrying an AuPair. She was supposed to finish her program next May but she wants to quit due to bad relationship with the host family. Because she quits she technically has to leave the country “as soon as possible” but we are not sure how long that is. We want to get married as soon as... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 24, 2022

Is your girlfriend’s J visa subject to the two year residency requirement? If not, she may be able to adjust status after marriage. Discuss the facts of your situation with counsel in a private phone call.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Do I have to pay a fee for the form I-765 (work authorization) if sending it together with adjustment of status I-485?
Monica E Rottermann
Monica E Rottermann
answered on Jul 26, 2022

No, you do not need to pay a separate fee for the I-765. The $1,225.00 fee you pay with the I-485 covers the filing fee for the I-765. However, if you are eligible for and requesting a fee waiver, you would need to include both form numbers on the fee waiver application.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: I got married to a uscitizen im undocumented we are on a same sex marriage, how much would process for green card

Can I only do the process thru a lawyer

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 21, 2022

If you entered the USA with a visa, then you can adjust status after marriage to a US citizen. This is despite the fact that you are out of status currently. You can represent yourself in this process, but if you make a mistake it could be years long delay or an outright denial. Some of us handle... Read more »

1 Answer | Asked in Employment Law and Immigration Law for District of Columbia on
Q: My fiancée going to be here on a k1 visa, can she still work remotely for her foreign country?
Agnes Jury
Agnes Jury
answered on Apr 22, 2022

Yes but to make it clear that it is foreign income it would be better that her pay is deposited to her foreign bank account. Best wishes!

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Since my husband has no income and his friend will be a joint sponsor for my green card application

will my husband have to be added to the size of sponsor’s household or household includes only the friend- joint sponsor, his wife and kids and myself?

Agnes Jury
Agnes Jury
answered on Apr 5, 2022

Your husband would not be included in the friend's household size unless you and your husband LIVE with the friend/joint sponsor or the friend/joint sponsor claims your husband as a dependent on his taxes. Best wishes!

2 Answers | Asked in Immigration Law for District of Columbia on
Q: Can one person be a joint sponsor for 2 different immigrant friends that are not related ?
Agnes Jury
Agnes Jury
answered on Apr 5, 2022

Yes as long as the sponsor meets the minimum income test counting the two individuals sponsored as part of the sponsor's household size. Best wishes!

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1 Answer | Asked in Immigration Law and International Law for District of Columbia on
Q: Is there national imagination lawyer's guild, and why not publicly advertise to people around the world how 2

People who wish to become American citizens should be given a step by step imagination process with potential immigration lawyers - I think world advertising is in order - avoid the breaking of the law label as illegal as in illegally being here at their own free will - as an illegal?

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Jan 29, 2022

The American Immigration Lawyer’s (AILA.)

is an organization of Attorneys who specializes in aiding individuals who have immigration problems including Naturalization, becoming an American citizen, as well as other immigration issues.

2 Answers | Asked in Immigration Law for District of Columbia on
Q: Hi! I have a student status in US and a full time student. I plan on visiting my aunt and cousins in Canada this summer

However I am scared to leave since I do not have a visa. Is it a good decision to apply for a visa at the Embassy of US in Canada? Thank you so much!

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 6, 2022

I would not depart the U.S. without first discussing your obvious prospects of getting stuck abroad.

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: Green card

My green card expires at February 28 but I have already applied US Citizenship. I’m visiting my country in February 10. But I am coming back at February 22. Will there be any problem? Or Is it possible to extend my green card? If it’s possible then how can I extend my green card?

Samuil Buschkin
Samuil Buschkin
answered on Dec 25, 2021

If you have a foreign passport , get a i551 stamp. otherwise, you may have problems reentering on an expired green-card (not proof of status). you will be at CBP's discretion and may have to pay a steep reentry fee. it's a risk, if you cannot avoid taking the trip.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: I want to block online search results of my immigration case decision details issued by the appeals court

for safety and privacy concerns, what is the best option, or any attorney who can petition the court?

Kevin L Dixler
Kevin L Dixler
answered on Apr 14, 2021

If you don’t share your alien number, they can’t access the info. That said, few really know how to access. You must decide whether to stay, then risk detention and removal if the decision is against you!

If not, then it suggests that you were successful in getting relief, so you should...
Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: I am a student studying under an F-1 visa and want to visit my my home country. Will I be allowed back into the US?

What circumstances would cause me to be not allowed back into the US after traveling back to my home country, and has COVID-19 made it more difficult to return if I have been vaccinated.

Agnes Jury
Agnes Jury
answered on Mar 15, 2021

It depends what country you are from. You should look at the Dept of State's website for current COVID related restrictions. See: https://travel.state.gov/content/travel/en/traveladvisories/ea/covid-19-information.html

But you should also consult with an immigration attorney if you...
Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: How long can I stay out of the United States while I have a green card, in order to get citizenship?
Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Dec 1, 2020

Given the current political environment, it is very risky for you to leave the country at all because you may have an exceptionally hard time getting back in. It's even more risky if you are returning to your native country if you are alleging a reasonable fear of past or future persecution.... Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Can I seek asylum based on my sexual orientation if I am a minor (16 y.o.), I live in Egypt.

Homosexuality in Egypt is a crime punishable by ~15 years in jail, and your future is probably ruined (same with your reputation), assault in prison is inevitable.

My parents are emotionally abusive and homophobic as well.

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Nov 12, 2020

The general rule is you can apply for asylum based on sexual orientation if you are being abused in your home country because of your sexual orientation. You would have to prove fear of present persecution based on your sexual orientation and/or the potential of future persecution because of... Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Got RFE for I693 saying my previous medical wasn't done by an approved civil surgeon, but he was approved at the time.

I responded to RFE with a new medical exam within the timeframe, but if he was on the approved list at the time I first got medical exam done is there any action I can take to speed up my case? I had to pay another $500 out of pocket for redoing something I had previously done correctly. The RFE... Read more »

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Jul 22, 2020

You should have responded with proof of the MD's qualifications. however, since you already went ahead and spent the $500.00 there is nothing you can do. Your case may be placed in it original place in line if you submit the foregoing now.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Is there any updates or exceptions on green-card holder’s laws after pandemic to stay abroad more than 6 months?

How many months a green card holder can stay outside of United States without having any problems to enter the US again?

Should green card holder shows any proof that how many months he or she has been outside of the US?

Thanks

Rebecca Niburg
Rebecca Niburg
answered on Jun 22, 2020

Good morning,

The 6 month rule is less a rule and more of a guideline. Especially during these times, I certainly would make sure you had information about how COVID and travel restrictions have impacted your ability to be in the US. It will come down to whether you intended to abandon...
Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Is there a new update or exception on green-card holder’s laws for staying abroad during the pandemic time?

If i stay outside of The united states under 6 months should i prepare any proof or document about the traveling purpose?

Ify Princess Ikeakanam
Ify Princess Ikeakanam
answered on Jun 18, 2020

Hi, as of right now, there is no new law regarding long stays outside the U.S.for GC holders. There is no harm in gathering documents regarding your travels. It could come handy when you apply for Naturalization.

Besides, staying outside the U.S for less than 6 months will typically not...
Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: I am an American, my wife is Peruvian, she worked after the contract & visa expired. I-130 interview?

All the G-5 nanny's under the IDB Bank and their "families", were sent back to their countries, but we were married on 1/19/2019 & filed all the paperwork well before her contract expiration. Biometrics done, temp Real ID done, work permit issued, interview pending but she... Read more »

Robert Roy Klein
Robert Roy Klein
answered on Apr 13, 2020

This isn't tax advice, and you should consult with a tax attorney or CPA for your tax questions.

For her interview, since you filed under, I'm guessing, an I-130 based on marriage, so it's an immediate relative petition. For these, the USCIS does not consider unauthorized...
Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Can a private school terminate a students SEVIS for nonpayment.

Can a private school terminate a students SEVIS for nonpayment. A friend of mine who's an international student (F-1) has been having financial issues due to coronavirus, he asked for more time to make the last payment but the school has been threatening him that they would not let him join... Read more »

Adan Vega
Adan Vega
answered on Mar 28, 2020

You can access Studyinthestates.dhs.gov to view all of the reasons that can be used to terminate your registration with SEVIS.

You will note that school suspension is one of the reasons that can be used.

Good luck to you.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Any way to become legal?

I voluntarily departure in 2014 for 3 simple possessions of marijuana. I am married with a u.s citizen for 10 years with 3 kids I am wondering is there any waiver to help me out I came right back as soon as I got to my country

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 12, 2019

yes..it appears you would be a successful prospect for a waiver, but more facts would be needed to know. Discuss your case in private with counsel.

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