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North Carolina Immigration Law Questions & Answers
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

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: 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: 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: 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: 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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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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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: My question is in the other part since it’s too long

I’m an American citizen and my boyfriend is a Vietnamese citizen with an American visa, he came here when he was 10 (now 20). I am not sure if when we get married will anything change?

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 1, 2022

A US citizen can sponsor a spouse for a green card provided that the foreign spouse entered the United States with permission, notwithstanding that that person is now in overstay status for over a decade. Keep in mind that he should not exit the United States until he gets a green card or an... View More

2 Answers | Asked in Immigration Law for North Carolina on
Q: Question about Eligibility

Hey,

I'm here in USA under F1 status and I'm living with my uncle who is a US citizen. He is unemployed so we are living in an apartment from the housing assistance program and we pay $200 in rent because I'm not a US citizen. 1.I will have an issue while adjusting my status... View More

Yohan Zingile
Yohan Zingile
answered on Jul 31, 2022

You cannot adjust status through your uncle. He is not an immediate relative and is not part of the family preference category. The relatives that could file a family petition on your behalf are a US citizen or permanent resident parent, a US citizen brother or sister, a US citizen or permanent... View More

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1 Answer | Asked in Immigration Law and Divorce for North Carolina on
Q: Divorce during a conditional GC

My conditional GC expires in December this year and I would need to remove the conditions 90 days before it. We have been married since almost 3 years and the marriage certainly was in good faith and we both hoped this will last forever.

However, since past year the marriage has been going... View More

Agnes Jury
Agnes Jury
answered on Apr 28, 2022

It would be best if you were divorced by the time you have to apply to remove the condition or soon thereafter. There is language that can be used as part of the divorce to improve the chances of your removal of condition being granted so I would recommend you consult with a family law attorney who... View More

2 Answers | Asked in Employment Law and Immigration Law for North Carolina on
Q: After one received its stamp I-94 at the border with classification DT; Alien what is next? which forms if any to fill ?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 26, 2023

The DT class of admission on your I-94 indicates that you were allowed to enter the US under the Visa Waiver Program (VWP) for a temporary period of up to 90 days for business or pleasure.

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2 Answers | Asked in Divorce, Family Law, Immigration Law and Real Estate Law for North Carolina on
Q: my wife is registered in India, we are getting divorce in india, can i sell my home on my name without her signature ?

I

Ben Corcoran
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Ben Corcoran
answered on Oct 3, 2022

Until the divorce is finalized your wife has an interest in the property and would have to sign any deed.

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2 Answers | Asked in Immigration Law for North Carolina on
Q: My husband is a citizen but my in laws lost all his documents before he turned 18 in the process their divorce.

My question is, how do I go about getting all his documents together if I have nothing to go off on? All I have is the picture he took when they took refuge in Thailand before coming to the States. A few years back, I went to the Immigration center in Milwaukee and they told us to go to the place... View More

Ms Grace I Gardiner
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answered on Aug 16, 2022

You can file a FOIA G-639 with USCIS to get a copy of his immigration file. There he would find a copy of all his immigration documents

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1 Answer | Asked in Immigration Law for North Carolina on
Q: Can I stay longer in USA with visa J2
Agnes Jury
Agnes Jury
answered on Apr 4, 2022

More information is needed to answer your question. Best to do a consultation with an experienced immigration attorney because they will have many questions before they can give you an answer. Best wishes!

1 Answer | Asked in Immigration Law for North Carolina on
Q: If my name is not on my Daughter birth certificate and I would like to put my name on it, also she is 19years old? NC

I been with her and her mom ,my wife,with are legally married, since she was born I just never have the chance to fix her birth certificate.

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Feb 14, 2022

Hello. Your question needs more information for a specific answer but this general information should get you started. A lot depends on where your daughter was born and if you are a US citizen or were a US citizen when she was born if that was abroad.

If she was born abroad then the law in...
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