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Georgia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Georgia on
Q: Can my fiancé stay in the US legally while my permanent residency application is being processed?

I am an asylum status holder in the US and planning my marriage. My fiancé's visa will expire in a year and I know that it could take a long time before I get my residency approved. Can she stay in the US legally while my application is being processed even her visa expires? If the answer is... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 10, 2020

Your fiancé(e) must leave the United States when her I-94 expires or try to extend her stay. Certainly being married could give your fiancé(e) a stronger connection to the United States, but it wouldn’t guarantee that she wouldn’t be deported.

2 Answers | Asked in Immigration Law for Georgia on
Q: Traveling interstate with an expired US passport, having overstayed the 90 day ESTA visa stamped on my AUS passport.

I was born in the US but moved to Australia when I was a child. I recently came back to the US, but since my US passport had expired in 2010, I got an ESTA visa through my AUS passport valid until 2021. However; I have overstayed the 90 day permission that was stamped on my Australian passport upon... Read more »

Kyndra Mulder
Kyndra Mulder answered on Aug 3, 2020

You are a USC by birth. You do not need ESTA and you are not qualified for ESTA. Renew your passport and travel with your Birth Certificate.

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1 Answer | Asked in Immigration Law for Georgia on
Q: i have a pending case of i485 but my initail case was denied which i send a notice of withdrawer for, do i need reply

i was sent a denial notice for i485 which i sent a withdrawer notice for before filling a new case which is pending, do i need to reply the denial case

Kyndra Mulder
Kyndra Mulder answered on Jul 23, 2020

No you do not need to respond to the denial.

1 Answer | Asked in Immigration Law for Georgia on
Q: I previously applied for permanent resident but I got divorced from my ex before our interview but I got married again

Does the first case has anything to to again or do I have to file a case to cancel the first one

Kyndra Mulder
Kyndra Mulder answered on Jul 13, 2020

You need to dismiss the first case and you and your wife file a new case. Pursuant to your new application/petition you will need to file documentation to support the legitimacy of the first marriage as well as the second.

1 Answer | Asked in Immigration Law for Georgia on
Q: Petition for Nephew.

When I file an immigration petition for my brother in 2007 as an American citizen than my nephew was 15 years old. Now when I got the petition approved recently my nephew is 28 years old and single. Is he still going to be qualified to get an immigration visa with my brother?

How long is... Read more »

Adan Vega
Adan Vega answered on May 24, 2020

The sibling petition that you filed on behalf of your brother will not yield an immigrant visa for at least 13 to 22 years depending on the country of origin. With that in mind, your nephew may “age out” by the time the immigrant visa becomes available.

1 Answer | Asked in Immigration Law for Georgia on
Q: immigration visa

I just got the approval letter from the National Visa Center for my sibling's immigration visa.whic was applied about 13 years ago. They have asked to bring the original documents at the interview in the embassy. Since it was done 13 years ago I am not able to find the original or the copy of... Read more »

Mario Musil
Mario Musil answered on May 6, 2020

You can contact the NVC with these questions and they should be able to assist you. Generally, they will not have access to the items you sent to the NVC at the embassy. If the original documents are items that you can obtain new ones of, I recommend doing that. For example, request new birth... Read more »

1 Answer | Asked in Tax Law and Immigration Law for Georgia on
Q: Should I make an amend on tax returns if my husband is just currently waiting on an interview at Mexico consulate?

I have been made aware that I should have filed my tax returns as married separately instead of single and it could affect my husband’s immigration process. He is living in Mexico and has never been to the U.S. How should I go about making an amend and what info do I need to provide on the form... Read more »

Zaher Fallahi
Zaher Fallahi answered on Apr 27, 2020

You are advised to ensure you status is accurate. If subsequent to the fling you were made aware of an error, you should amend the return as soon as possible with explanation of an “inadvertent mistake”. I hope this helps. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer:...
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2 Answers | Asked in Immigration Law and Tax Law for Georgia on
Q: Will tax returns that I filed as single but am married since 2017 affect my husbands green card process?

I am a U.S citizen who is trying to get my husband a green card, We got married in 2017 and I have always filed my taxes single since then because I was told by the accountant that I didn’t need to do anything different since my husband did not live with me. Is this going to affect my husbands... Read more »

Adan Vega
Adan Vega answered on Apr 27, 2020

If you are married, you should be filing your federal tax returns as “married” and not as “single”. USCIS or the U.S. consulate can take the position that you are not in fact married based on your filed federal tax returns. Keep in mind that you will have to present your last tax return... Read more »

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1 Answer | Asked in Immigration Law for Georgia on
Q: Does a court case involving internal family financial dispute affect immigration for a foreign spouse on spouse visa?

One of my very close friends (him - a US citizen) married an engineer (her) residing in Vancouver. She has a course case involving a family financial dispute (between her and her mother) that was settled in the court and she paid all financial obligations. He is about to sponsor her on a spouse... Read more »

Adan Vega
Adan Vega answered on Apr 26, 2020

A financial dispute resulting in a civil court settlement between two family members ( mother and daughter) will not disqualify the daughter from obtaining an immigrant visa based on an immediate relative petition filed by a U.S. citizen spouse.

1 Answer | Asked in Immigration Law for Georgia on
Q: I am filing I 130 for spouse who is a canadian PR . Can she continue to visit USA on her current visitor visa

can I file for EAD, AParole and I 485 concurrently if she is in USA on her tourist visa ?

Adan Vega
Adan Vega answered on Apr 23, 2020

If (1) you are a U.S.citizen and (2) your spouse lawfully entered the U.S. and (3) she is not otherwise inadmissible then the adjustment of status request can be made with USCIS.

Keep in mind that the adjustment of status filing may trigger a finding of preconceived intent if filed...
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3 Answers | Asked in Immigration Law for Georgia on
Q: I am filing I 130 for spouse who is a canadian PR . Can she continue to visit USA on her current visitor visa ?

can I file for EAD, AParole and I 485 concurrently if she is in USA on her tourist visa ?

Regina Irene Edwards
Regina Irene Edwards answered on Apr 23, 2020

You should post this question in the immigration section.

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1 Answer | Asked in Immigration Law for Georgia on
Q: Is getting unemployment checks for 2 months disqualify a petitioner for filing AOS or have bad effects on case.

My wife filed petition for her parents and now we are working on affidavit of support but she is out of work because of coronavirus and she will be getting unemployment checks up until her daycare reopen so my question is would it disqualify her for filing affidavit of support because of getting... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 3, 2020

I recommend holding off on filing the affidavit until after the daycare reopens.

1 Answer | Asked in Immigration Law for Georgia on
Q: I got an RFE notice on my AOS case in Dec ,somehow I misplaced the notice but I still photocopy,pls can I submit that?

All the documents requested from me are ready but I only have a photocopy of the RFE,will that be accepted by USCIS?

Adan Vega
Adan Vega answered on Feb 20, 2020

You can forward a proper and complete response to USCIS with a copy of the RFE and the support documents that are requested by USCIS.

3 Answers | Asked in Family Law and Immigration Law for Georgia on
Q: So I just found out that my baby mama has a voluntary deportation order. I do not know when she has to leave the U.S..

I haven't went to court to obtain rights to my daughter.. Can she take my daughter with her if I tell her I'm not okay with her taking my daughter??

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 17, 2020

More information is needed before an accurate answer can be provided. Have you legitimated? Is there a visitation agreement/schedule? It is best to contact an attorney who can assist you with the specifics of your case.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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2 Answers | Asked in Immigration Law for Georgia on
Q: What is the estimated processing time for a spouse visa compared to a fiancé visa at this time?

My partner and I want to be together in the United States where I live but we don’t know what’s the best choice for us. To get married in Mexico and apply for the spouse visa or wait and do the fiancé visa.

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 13, 2020

As a general rule, a spousal visa takes about 2-3 months longer than a fiance visa. Feel free to contact us if you'd like more information to make the best choice for you and your fiance.

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1 Answer | Asked in Immigration Law and Tax Law for Georgia on
Q: I applied for citizenship based on 3 years. I received rfe for tax transcripts for me and my partner.

Unfortunately my partner has not been filing his tax, we file married but separate. My partner cannot even find his 2018/2017 w-2s for us to file now and make payment. He only just got his 2019 w-2, so that is all I have. But he has also giving me a hard time to locate his w-2s for the rfe. I have... Read more »

Adan Vega
Adan Vega answered on Feb 12, 2020

You will need to respond to the RFE and show that you have complied with your obligation of filing a federal tax return during the time that you have been a U.S. resident. If you were employed in the U.S. prior to receiving your resident status , you also must file federal tax returns for those... Read more »

1 Answer | Asked in Immigration Law for Georgia on
Q: Is it possible to switch from TN-visa to H1-B with the employer filing for an I-140 and porting past Priority Date?

I had an approved I-140 from a past US employer. Now when my PD is close to becoming current, I want to explore the possibility of switching to H1-B and porting the PD

Allen C. Ladd
Allen C. Ladd answered on Jan 28, 2020

The I-140 must have ben approved at least 180 days ago in order to port the priority date. The new employer must go through the entire EB process of course before you can adjust, even though the PD may be current.

1 Answer | Asked in Immigration Law for Georgia on
Q: By when do I have to mail in my I-539 application?

I am an F1 student pursuing an undergraduate degree in business management at Georgia Tech. Due to unstable mental health, I was academically dismissed and SEVIS was terminated on August 27. I later petitioned to the Faculty, and the dismissal was revoked on medical grounds on December 12. So now I... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 21, 2020

Ideally it will be received by USCIS no later than the 27th. You should send anything to explain why your status should be extended/reinstated, so it is probably a good idea to include the Petition.

1 Answer | Asked in Immigration Law for Georgia on
Q: Can my husband and I try to apply for his citizenship?

My husband is trying to get his citizenship but has a domestic charge from 2009 (I was the victim) and possession (less than 5g) from 2013. We tried to go through a lawyer previously who scammed us of our money. He applied for citizenship prior to us being married but was denied. What can we do?... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 21, 2020

A domestic violence conviction can negatively affect a citizenship application, but to know for sure if it requires knowledge of the statute under which he was convicted.

Also, the possession issue is serious unless the substance was marijuana for personal use.

We understand that...
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5 Answers | Asked in Immigration Law for Georgia on
Q: My mother is an Immigrant for 20+years and I want to know if there is anything she can do to become legal.

Hi, Ive had this question for a long time. My mother is a Mexican immigrant . She came here over 20 years ago and had me. My father is legal but they didnt work out. My mom has been dating someone else for the longest time now, around 6 years and Im curious to know if she can get married, if she... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jan 2, 2020

Did your mother enter the US legally with a visa? Is her boyfriend an American citizen?

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