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North Carolina Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for North Carolina on
Q: I have my Texas birth certificate but i am very confused the place of birth say Reynosa Mexico is this possible ?

What can i do on this matter an i a USA citizen?

James L. Arrasmith
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answered on Feb 26, 2024

If your Texas birth certificate lists Reynosa, Mexico, as your place of birth, it might initially seem confusing since Reynosa is not in Texas but in Mexico. This discrepancy could be an error on the birth certificate or could relate to specific circumstances surrounding your birth and... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: I have a question regarding my situation. Married to a U.S. citizen last January, I'm in the US on a B1/B2 visa and work

I'm working remotely for a company outside of the U.S. I'm wondering if this could impact my I-130 application.

James L. Arrasmith
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answered on Jan 27, 2024

When you are in the U.S. on a B1/B2 visa and working remotely for a company outside the U.S., it's important to be aware of the visa's restrictions. The B1/B2 visa is typically for tourists or business visitors and does not authorize employment in the United States. Working remotely for a... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: Is this qualifying relationship between two companies? Question around L1B visa

My question is around L1B US visa. I want to know if the below counts as qualifying relationship between the two companies in terms of sponsoring an L1B visa: There is a company group, let's call them BM Group. It has subsidiaries, two of them are R Group and BM Education Group. If I worked at... View More

James L. Arrasmith
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answered on Dec 15, 2023

In your situation regarding the L1B US visa, the key factor is the relationship between the companies within the BM Group. The L1B visa requires a qualifying corporate relationship between the petitioning U.S. company and the foreign company where the employee previously worked.

Given your...
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2 Answers | Asked in Immigration Law and DUI / DWI for North Carolina on
Q: My friend has a DUI and has green card for past five years is it OK for him to travel abroad, will it affect his status.

Also is it safe to apply for his citizenship as its due.

James L. Arrasmith
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answered on Dec 14, 2023

A DUI conviction can have implications for a green card holder's ability to travel and apply for citizenship. It's important to consider the specific details of the DUI offense, as some convictions, particularly those involving serious harm or repeated offenses, may have more significant... View More

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1 Answer | Asked in Criminal Law and Immigration Law for North Carolina on
Q: CAN A PERSON WITH MISDEMEANOR LARCENY CALSS1 IN NORTH CAROLNA HAVING A GREEN CARD FOR THE PAST 5 YEARS TRAVEL ABROAD?

DOES THIS COME UNDER PETTY THEFT ECEPTION AS THE AMOUNT WAS $989 AND THE CASE HAS BEEN DISSMISSED AND GONE FOR EXPUNGE.

James L. Arrasmith
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answered on Dec 13, 2023

In your situation, having a green card and a dismissed misdemeanor larceny charge in North Carolina, you generally have the ability to travel abroad. However, there are a few important considerations to keep in mind.

Firstly, the nature of your charge and its dismissal can play a crucial...
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2 Answers | Asked in Immigration Law for North Carolina on
Q: Can a green card holder travel outside of US more than 6 months with interrupting period?

I returned from 8 months of international travel this July and am wondering if it is ok to travel again in November.

James L. Arrasmith
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answered on Oct 28, 2023

Green card holders should be cautious about extended absences from the U.S. Staying outside of the U.S. for more than six months can raise suspicions about one's intent to reside permanently in the U.S. If you've already spent 8 months abroad recently and plan to travel again in November,... View More

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1 Answer | Asked in Immigration Law for North Carolina on
Q: I am working a full time job on my F1 STEM OPT. I want to start an LLC as well on the side in USA. Is this ok?
James L. Arrasmith
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answered on Oct 22, 2023

While you're on an F1 STEM OPT, your primary purpose in the U.S. is to gain practical training related to your field of study. Starting or operating a business, such as an LLC, may not align with the intentions of your visa status.

Additionally, if you derive active income or are...
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1 Answer | Asked in Immigration Law and Traffic Tickets for North Carolina on
Q: (N400 citizenship) So I got a speeding ticket in 2019 it was reduced to improper equipment, I paid the fine of $250

I mentioned this ticket to my lawyer later on I came to find out he marked yes to question 24 and 25 on part 12 of the application. Which imply being charged and convicted for a criminal offense. I was only given a speeding ticket and a fine. Should I say no to these questions in the interview and... View More

Kevin L Dixler
Kevin L Dixler
answered on Aug 13, 2023

If your attorney is not going to the hearing or interview, then you may need another attorney to attend. You’ll need proof that you did not have a traffic offense where there was a fine for more than $500. Let the adjudicator decide whether the answer is yes or no. You were ‘cited’ for a... View More

2 Answers | Asked in Immigration Law for North Carolina on
Q: Can unmarried kids immigrate as derivatives?

I petitioned for one of my brothers as a citizen of the USA. The petition was filed in April 2010 and approved in October 2014 by USCIS. The kids were under 15 years old at the time the petition was approved in 2014. The projection is that the visa will be available in 2025 and both kids will be... View More

Monica E Rottermann
Monica E Rottermann
answered on Jul 26, 2023

Whether your brother’s children will still qualify as derivatives when the visa becomes available will depend on whether they qualify for protection under the Child Status Protection Act, however, as this calculation requires the date the priority date first became current, there’s no way to... View More

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2 Answers | Asked in Immigration Law for North Carolina on
Q: Can unmarried kids immigrate as derivatives?

I petitioned for one of my brothers as a citizen of the USA. The petition was filed in April 2010 and approved in October 2014 by USCIS. The kids were under 15 years old at the time the petition was approved in 2014. The projection is that the visa will be available in 2025 and both kids will be... View More

James L. Arrasmith
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answered on Aug 6, 2023

Under U.S. immigration law, unmarried children under the age of 21 of the beneficiary of a family-sponsored petition may be considered derivative beneficiaries. However, once they turn 21, they generally "age out" and lose eligibility as derivatives. There are protections under the Child... View More

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2 Answers | Asked in Immigration Law for North Carolina on
Q: Is it possible for a US Citizen's spouse to apply for an F1 visa, or is it best for them to apply for a marriage visa?

This is assuming they would be studying in the United States either way.

James L. Arrasmith
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answered on Mar 19, 2023

If the spouse of a U.S. citizen intends to study in the United States, they have two primary options: applying for an F-1 student visa or applying for a green card through marriage to the U.S. citizen spouse.

If the spouse applies for an F-1 student visa, they will need to demonstrate that...
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2 Answers | Asked in Immigration Law for North Carolina on
Q: Is it possible for a US Citizen's spouse to apply for an F1 visa, or is it best for them to apply for a marriage visa?

This is assuming they would be studying in the United States either way.

James L. Arrasmith
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answered on Mar 29, 2023

Yes, it is possible for a US citizen's spouse to apply for an F1 visa if they meet the eligibility criteria for the visa. However, it is important to note that the F1 visa is intended for individuals who are coming to the US for full-time academic or language studies, while the marriage visa... View More

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2 Answers | Asked in Immigration Law for North Carolina on
Q: Can one apply for humanitarian parole with (form I-134) without putting at risk an in-process I-129F?

I summited an I-129F visa application for my fiancee over a year ago. She is from Nicaragua. Currently, there is a new humanitarian parole law, passed on January 6th, 2023, that allows people from Nicaragua to apply to come to the United States for up to two years. It is our understanding that it... View More

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 6, 2023

According to the program description in the federal register, parole for Nicaraguans will not impact a person’s eligibility’s for other immigration benefits. I would always recommend you work with a skilled immigration lawyer.... View More

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2 Answers | Asked in Immigration Law for North Carolina on
Q: Can one apply for humanitarian parole with (form I-134) without putting at risk an in-process I-129F?

I summited an I-129F visa application for my fiancee over a year ago. She is from Nicaragua. Currently, there is a new humanitarian parole law, passed on January 6th, 2023, that allows people from Nicaragua to apply to come to the United States for up to two years. It is our understanding that it... View More

James L. Arrasmith
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answered on Mar 7, 2023

It's important to consult with an experienced immigration attorney to fully understand the potential risks and benefits of pursuing humanitarian parole while an I-129F visa application is pending.

Generally, filing an application for humanitarian parole while an I-129F visa application...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: Hi! What is my best avenue for immigrating to the US from NZ?

I am a NZ citizen currently in the US (NC) on an ESTA visa waiver, visiting with my fiance.

James L. Arrasmith
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answered on Feb 26, 2023

There are several different paths for immigrating to the US from New Zealand, and the best avenue for you will depend on your individual circumstances and qualifications. Here are a few options:

Marriage-based immigration: If you plan to marry your US citizen fiance, you may be eligible for...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: I am not willing to say the oath part that says I'm gonna bear arms on behalf of the USA. What can I do?

This is a conscious matter since I believe in the sanctity of life.

The thing is I said yes on my interview (N440 document) but I was not at ease afterwards and I'm not willing anymore to keep that promise and take the official oath.

If I show up to the ceremony day and just... View More

James L. Arrasmith
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answered on Feb 26, 2023

If you are not willing to take the oath of allegiance as it is written due to your personal beliefs, you can request to modify the oath by submitting Form N-400 with a written request for modification. In your request, you should explain the specific part of the oath that you object to and the... View More

2 Answers | Asked in Immigration Law for North Carolina on
Q: Daughter will be filing a I129F while this Is being processed the fiance from Canada can visit 6 months? (On passport)

When can he visit again?

James L. Arrasmith
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answered on Feb 23, 2023

When an individual is applying for a K-1 visa, also known as a fiancé(e) visa, they must show that they have a bona fide relationship with their U.S. citizen fiancé(e), and that they intend to marry within 90 days of entering the United States on the K-1 visa. The K-1 visa allows the individual... View More

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2 Answers | Asked in Immigration Law for North Carolina on
Q: If I let my DACA expire and then married a US citizen. What can I do to begin the process to a green card ?
James L. Arrasmith
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answered on Mar 2, 2023

If your DACA has expired and you have married a U.S. citizen, you may be able to apply for a green card through the process of adjustment of status. This process allows you to apply for lawful permanent residence from within the U.S. if you meet certain eligibility requirements.

To apply...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: If USCIS asks for original documents during my interview and all I have is copies, will that be acceptable?
Monica E Rottermann
Monica E Rottermann
answered on Nov 28, 2022

I think it will depend on which documents and the reason for not having the originals with you at the interview. USCIS typically requests to see original birth and marriage certificates (among other documents) at interviews to compare them with the copies that were submitted and confirm that they... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: Lawyer still hasn’t filed B2 visa application after being paid 3 years ago. What can I do?

So I paid her in 2019 to help withB2Visa. turns out application is still not submitted.

Original assigned Paralegal quit and another paralegal emailed me asking for documents in April 2023. I sent all within a week and have been patient but I still had to remind them about the case around... View More

James L. Arrasmith
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answered on Dec 15, 2023

In your situation, it's important to address the issue directly with the law firm handling your B2 visa application. First, request a meeting with the lawyer in charge of your case, not just the paralegals. During this meeting, clearly express your concerns about the delays and the lack of... View More

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