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North Carolina Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for North Carolina on
Q: Hi, What’s the process to dispute someone reporting us for marriage fraud?

Just to add some context to the question, my wife and I recently got married and we’re working on getting her green card (she’s currently covered through DACA).

When I met my wife, I had a friendship with someone that ended pretty badly and we haven’t talked in about 2 years until... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Sep 9, 2021

There is no process. People can write or call the immigration authorities. I suggest that you and your wife make sure you have proof of the marriage to submit. This include things like copies of leases with both your names, joint bank accounts and so on. You have to prove that your marriage is real.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: A friend is going to be deported back to Costa Rica.

He's incarcerated and will be released in December of this year. He's worried about being detained in ICE holding for several weeks/months. He'd like to know if his family paid for his ticket would it expedite the deportation procedures any?

Kyndra L Mulder
Kyndra L Mulder answered on Jun 24, 2021

Yes. He can expedite the removal by waiving his right to go before an immigration judge. Tell him to speak with his deportation officer when the officer comes to visit him.

1 Answer | Asked in Immigration Law for North Carolina on
Q: What steps to take in order to have a successful citizenship procedure?

I am a permanent green card holder back in 2019 I became involve with a criminal case dealing with the crime of obtaining property by false pretense. I was placed in this program the public defender suggest me and later on 2020 the case was dismissed. I am wanting to become a citizen and would like... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jun 10, 2021

First; depending on how you got your LPR status; You are not eligible to file for NATZ until you have been an LPR for 3 or 5 years.

Based on the limited information your provided; it sounds like you entered into a program, probation, or other form of predisposition in exchange for a...
Read more »

2 Answers | Asked in Immigration Law for North Carolina on
Q: I have conditional GC. Can we live seperate but close?

I am on conditional GC. We lived together all this time and there are no major problems between us. We are deciding to live seperately starting the last couple months because my US citizen partner needs to take care of a family member for a while. We are going to be close and remain in a... Read more »

Agnes Jury
Agnes Jury answered on May 18, 2021

Living apart may be a red flag but you should be able to overcome it with evidence of you remaining as a couple through your frequent communications and visits with each other etc. Document it well, submit the evidence when you remove the condition and bring more to the interview (if there is one).... Read more »

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1 Answer | Asked in Immigration Law for North Carolina on
Q: My husband has been living with another woman. He told her that he married me to come to the U.S. Can he be deported?

My parents and I sponsored my husband to come to the U.S. He moved out of my house 4 months ago and I thought that he had his own apartment. But it was a lie. Yesterday I got a call from the police telling me that he had been arrested for indecent liberties with a minor. The officer said that he... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on May 14, 2021

You should send a certified letter to the USCIS. The letter will be placed in the file and seen when he applies for any immigration benefit. You should also notify ICE.

1 Answer | Asked in Immigration Law for North Carolina on
Q: I am a nanny and flying out with my boss for work, my visa is expired, passport still valid, can I still fly domestic

I am a nanny and my boss asked me to fly out with them in June to help take care of the kids. But my visa and I94 has expired and my Passport is still valid. We are flying domestic and wanted to know if I can still fly using my passport or will I get flagged at TSA for using my passport. I am in... Read more »

Ina Shtukar
Ina Shtukar answered on Mar 25, 2021

When did you file for a T-visa? If you filed before your other visa expired, you should be "in status" while your application is being considered. Which visa was it, by the way? It would be helpful to know how you were admitted to the US, since you claim that you are a victim of... Read more »

3 Answers | Asked in Immigration Law for North Carolina on
Q: Is it required/allowed to file i539(on b2 visa) if wife and i will be filing AOS(adjustment of status)

Is it required/allowed to file i539(on b2 visa) if wife and i will be filing AOS(adjustment of status) through marriage based green card. Exipiration of i94(b2) is a about month away. What if there is a delay in reciept of notice, should we file for i539 just in case, before her expiration/before... Read more »

Agnes Jury
Agnes Jury answered on Mar 12, 2021

You are allowed to file I-539 on B2 visa but if you file for AOS BEFORE your wife's B2 stay expires then there is no need to file the I-539 because as soon as USCIS receives your application your wife's stay will be automatically extended until a decision is reached (or application is... Read more »

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3 Answers | Asked in Immigration Law for North Carolina on
Q: I was married in Florida. Can you still represent me? If so, could I get an estimate of the price include all paper work
Agnes Jury
Agnes Jury answered on Feb 22, 2021

It does not matter where you got married. You can hire a licensed immigration attorney in ANY U.S. State. The cost will depend on what your immigration needs are. Most attorneys will be able to give you an estimate, some charge fixed fees and others (like me) even disclose their fees on their... Read more »

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1 Answer | Asked in Immigration Law for North Carolina on
Q: I married an American citizen it’s been 2 years of marriage. My husband abandoned me, can I apply for green card?
Ina Shtukar
Ina Shtukar answered on Feb 22, 2021

Absolutely. You do need an attorney to guide you through this process as you might have to adjust your status as a "battered spouse." Physical abuse is not a requirement - it can be purely psychological in nature. Abandonment would fall under the category of "extreme cruelty."... Read more »

3 Answers | Asked in Immigration Law for North Carolina on
Q: Can I (USC) marry my Mexican fiance in the US with his B1/B2 visa. Then return to Mexico for the immigration process?

We want to marry here in the USA. He will need to return to Mexico because of his job. I plan to go back with him after the wedding, and we will start the 1-130 Spouse visa petition from Mexico. Can we get married here with his tourist visa?

Ina Shtukar
Ina Shtukar answered on Feb 22, 2021

As long as your fiance is not out of status (his visa hasn't expired), you can certainly get married here in the US. The best part is that he does not need to leave the country to adjust his status. In addition, while it may not impact your case, the Biden administration is working on changing... Read more »

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3 Answers | Asked in Immigration Law for North Carolina on
Q: can i apply for us citizenship with my expired passport
Adan Vega
Adan Vega answered on Jan 9, 2021

You do not need to be in possession of a valid passport to be eligible for naturalization. You will need to comply with all other requirements to file the FORM N-400 with USCIS.

Good luck to you.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: Does adjustment of status is possible from TPS if I have F-1 entry to USA and what about if I travel outside?

Currently in OPT and TPS, OPT will expire soon. Entered USA with F-1 Visa. USCIS set-forth a notice saying TPS doesn't qualify for adjustment purposes if alien comes in without "inspection and admission or parole". And, also if travel is done using TPS then after returning back, the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 8, 2021

If you entered on an F-1, that counts as a lawful entry for the purposes of adjustment.

1 Answer | Asked in Immigration Law for North Carolina on
Q: Can I expedite my 7yr old stepson visa interveiw? NVC approved it months ago, due to covid 19. Emergency visa in Haiti

Kidnapping is rapid in Haiti now,I'm afraid for my son!

Agnes Jury
Agnes Jury answered on Jan 5, 2021

Check to see if any of the reasons to expedite would apply in your stepson's situation:

https://www.ustraveldocs.com/ht/ht-niv-expeditedappointment.asp

If it does then you can try. If none of the reasons to expedite apply, you can send an inquiry to NVC, check the status of...
Read more »

1 Answer | Asked in Immigration Law for North Carolina on
Q: What is the deadline to apply for a change of status from B1 Visa to F1 Visa?
Kyndra L Mulder
Kyndra L Mulder answered on Dec 14, 2020

You may only apply to change your visa while your B1 is current. If you overstay you can not.

2 Answers | Asked in Immigration Law for North Carolina on
Q: I am a naturalized US citizen. My brother asked for asylum in the US. Can I petition him with the I-30 while his pending
Adan Vega
Adan Vega answered on Dec 10, 2020

As a U.S. citizen, you can file the relative petition , FORM I-130, on behalf of your brother. The request for asylum by your brother is not an impediment to the FORM I-130.

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2 Answers | Asked in DUI / DWI and Immigration Law for North Carolina on
Q: My boyfriend(illegal) was arrested for dui(2nd time), driving my car. It was seized by state. How do I get it back?

My boyfriend,age 25, has been in US since he was a child, illegally. He's never had a us license. He got arrested at age 19 for dui. He was arrested yesterday for dui(out on custody release). I am the owner of the car, and was unaware that he'd been drinking. I was asleep in passenger... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 29, 2020

More information is needed. Who took the car? Where?

The car probably was likely taken for reasons other than immigration. Find out why! It may have been impounded for a search warrant.

If there were drugs found in the car, it can be forfeited. Find out whether it was...
Read more »

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2 Answers | Asked in Immigration Law for North Carolina on
Q: Can former DACA recipients apply for a tourist visa?

I am a DACA beneficiary since 2012. If I leave the US voluntarily renouncing all DACA benefits, how easy (or how hard) would it be to apply and be granted a tourist visa to visit the US in the future as a simple tourist?

Mario Musil
Mario Musil answered on Oct 29, 2020

If you leave the US, you will trigger the 10 year ban, preventing you from returning to the US with or without a visa for 10 years.

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3 Answers | Asked in Immigration Law for North Carolina on
Q: If my current greencard expired while waiting to receive the renewed card, how could I keep my job?

To be precise, I haven't been able to file for greencard renewal at this point. I will most likely not going to get a renewed card before the expiration. I currently work full-time. What needs to be done to keep my job after I submit I-90 for greencard renewal? Thank you,

Stanley Dale Radtke
Stanley Dale Radtke answered on Oct 20, 2020

This quote is directly from the USCIS website.

"If you need evidence of your lawful permanent resident status while waiting to receive a replacement Green Card, we may issue you an Alien Documentation, Identification & Telecommunications (ADIT) stamp after you file this form."...
Read more »

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1 Answer | Asked in Immigration Law for North Carolina on
Q: Household I -944 ...

My spouse and Kid are back to my home country 2017. My wife is working there. They are not living with me and are not part of my tax etc.

I am applying I-485 for myself, will my wife and kids will be considered as a Household or not in I-944?

As per instruction seems - No Please... Read more »

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Oct 3, 2020

Hey, for the I-944, your household members include spouse or children under the age of 21 not physically residing with you but you provide at least 50% of thier financial support.

I suggest that you consult with an experienced Immigration attorney to review your I-944 and ensure that you...
Read more »

1 Answer | Asked in Estate Planning and Immigration Law for North Carolina on
Q: If I have a will in another country will that be applicable in NC? Or do I need a separate will in NC?
Ben Corcoran
Ben Corcoran answered on Sep 29, 2020

Generally speaking, NC does recognize out of state/country wills; however, if you are planning on living in NC I would take your existing will to a local probate attorney and have them look it over to ensure that it still has the same effect that you intended when it was drafted. Also if the will... Read more »

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