District of Columbia Immigration Law Questions & Answers

Q: If my 4 kids are born in the United states can I apply for my residency because of my kids being born here.

3 Answers | Asked in Immigration Law for District of Columbia on
Answered on May 18, 2019
Kelli Y Allen's answer
No. In and of itself, simply having U.S. citizen children does not supply a basis for permanent residency. U.S. citizen children must be 21 years of age to file an immigration petition on behalf of a parent. Even then, that does not guarantee permanent residency, as other requirements must be met. Contact an immigration attorney for a full analysis of your situation and possible options.

Q: I have been in a green for about 7 years and would like to apply for citizenship. However I incorporated an LLC that

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Apr 19, 2019
Deron Edward Smallcomb's answer
Unless you were committing illegal activity with the LLC, you shouldn't have any issue.

Q: Change of status waiting response from uscis

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Mar 20, 2019
Kevin L Dixler's answer
This is unfortunate. Some questions require more than a simple answer. It is best to discuss this matter with an attorney, who can counsel you on immigration law.

As a result, I strongly recommend an appointment or teleconference with a competent and experienced a Immigration and visa attorney.

There are consequences to each of her actions. It is unclear which option is best without further information and a personal decision. Good luck.

The above is general...

Q: my fiance is illegal in France. Will he need to go back to his country for me to file a K1 visa?Im a us citizen

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Mar 5, 2019
Deron Edward Smallcomb's answer
You have more issues than just what country he would interview in. When someone violates the immigration laws of another country, our government expects that they will do the same here. Even if you are qualified in every way, his overstay in France may prevent you from getting any type of visa, whether it be a K1 or based on marriage. You should definitely contact an experienced immigration attorney to help you with your case.

Q: What are the eligibility requirements for H1-B cap gap?

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Dec 21, 2018
Karina Garcia Herhusky's answer
A cap-gap extension extends an eligible F-1 student's status to bridge the gap between the end of the F-1 and the beginning of the H1-B. It allows the student to remain in the U.S. during the gap. The H1-B cap limits the amount of H1-Bs allowed each fiscal year. The fiscal year begins October 1st, when a new batch of H1-Bs become available. Employers can file for an H1-B up to 6 months before April 1(the new fiscal year), to add their application to the list of applications waiting for October...

Q: How long does it take to adjust status to get a green card in washington D.C. after entering with a k1 visa? Thanks!

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Sep 12, 2018
Hector E. Quiroga's answer
According to the USCIS website, it is taking between 11 and 20 months to process cases that are to be adjudicated in the Washington, DC field office.

Q: Going abroad with a green card approval letter.

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Sep 5, 2018
Hector E. Quiroga's answer
It could be risky. Consider making an InfoPass appointment and going to your local USCIS office to ask for temporary evidence of permanent residence.

Q: Can my niece re-enter the u.s?

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Jul 23, 2018
Hector E. Quiroga's answer
It has not been quite ten years, but technically, she should be able to reenter; however, give that she overstayed, she will likely run into some issues. Evidence of mitigating circumstances, as well as strong evidence of connections to New Zealand, will help her case.

Q: Hi, my daughter is a U.S Citizen and also a minor she will be 3 soon. She is currently out of the country.

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Jul 18, 2018
Hector E. Quiroga's answer
Certainly that is an option. Depending on your mother’s country of origin, she may not need a visa to come to the US. You can find out more at: https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html

Q: Can my brother be denied a US visitor visa because I have credit card debt or an open case? I am a naturalized citizen.

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Jun 24, 2018
Carl Shusterman's answer
There is no legal basis for such a denial. However, consular officers can always deny visas in the exercise of their discretion.

Q: I filed for my wife as a Spouse of a Permanent resident, her Visa appointment is Next Month, but i'm becoming a Citizen

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on May 30, 2018
Carl Shusterman's answer
You may want to postpone your naturalization ceremony until she enters the US. She will be admitted in the family-based 2A category as the spouse of a permanent resident.

Q: How much time will he be getting?

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on May 10, 2018
Carl Shusterman's answer
The Judge in his criminal case will decide how long he will spend in prison.

Q: I am currently on H1B and wish to pursue on campus weekend, non credit courses, leading to certificate. Is it allowed?

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on May 8, 2018
Carl Shusterman's answer
As long as you continue to work full time for your H-1B employer, there is no problem with you taking classes at the university.

Q: I am married with a U.S citizen. I obtained my temporary green card through marriage, but I want to separate.

2 Answers | Asked in Family Law, Immigration Law and Divorce for District of Columbia on
Answered on Apr 21, 2018
Carl Shusterman's answer
If your marriage ends in a divorce before your conditional permanent residence (CPR) expires, you should submit an I-751 waiver to the USCIS as soon as your divorce becomes final.

Most foreign-born persons who marry U.S. citizens apply for a green card in order to remain in the U.S. with their spouse. In order to become a permanent resident, they must first file for a 2-year conditional green card, and then submit form I-751 to apply to remove the condition and obtain a 10-year green...

Q: Do I need to reapply for my son's green card?

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Mar 7, 2018
Hector E. Quiroga's answer
Your son is likely already a citizen. He derived it through you when you became a citizen yourself. Proof that he is your son, that you are a citizen, and proof that he obtained permanent residency should be sufficient for him to get a US passport.

Q: B1/B2 travel with approved I-140, how to convince CBP of non-immigrant intent?

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Dec 13, 2017
Hector E. Quiroga's answer
As with any nonimmigrant visa, the requirement is that you show intent to leave at the end of your authorized stay. Certainly the fact that you entered and left according to the terms of your visa will help, but you have to show other connections—work, school, family, assets/property, etc. Take evidence with you when you when you show up at the Port of Entry.

Q: How long can I stay outside the US if I am a Green-card holder?

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Nov 15, 2017
Hector E. Quiroga's answer
Any trip outside the US every six months is a break of continuous presence. In addition, you must show be physically present in the US for at least half of the 5 years prior to applying for citizenship.

Even if you obey these rules, you run the risk of losing your permanent residency by being gone so long. The question of where you are really living will come up, and if you maintain the pattern of six months out and two weeks in, at some point customs officials may not let you enter. If...

Q: how do I become a US citizen after being declined for a green card or permanent resident status?

2 Answers | Asked in Immigration Law for District of Columbia on
Answered on Jul 25, 2017
Juan V. Cervantes' answer
You question is too vague. More information is necessary to answer your question.

Q: I have lived lawfully in the USA for more than 10 years. Can I apply for a green card?

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Mar 26, 2017
Kyndra Mulder's answer
Based on the information you have provided you do not qualify for LPR status.

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