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North Carolina Immigration Law Questions & Answers
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."...
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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...
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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 »

2 Answers | Asked in Immigration Law for North Carolina on
Q: Husband planning to apply for Naturalization, but unsure due to his past criminal record?

My husband became a US Permenent Resident 4 years ago through our marriage. He now would like to become a US Citizen, but he is afraid it may be denied due to his past offenses from 2010 and later. They are all misdemenors, traffic violations, and one arrest (detained less than 4 hours). These all... Read more »

Mario Musil
Mario Musil answered on Sep 29, 2020

The requirements for Naturalization are higher than those for a green card and someone who may have successfully obtained a green card, may not qualify to naturalize, or may be denied naturalization at the discretion of USCIS. Your husband should have his records reviewed to determine if any of his... Read more »

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1 Answer | Asked in Immigration Law for North Carolina on
Q: Should I apply for EAD/Advance Parole with I485?

MY PD became current in October Visa bulletin. I am planning to apply for I485.

I have h1 visa valid till Dec 12, 2020, but h1 petition is valid till 2023. I will go for visa stamping as I will be continuing my work in H1 until I get GC. Will applying i485 will impact my H1 stamping?... Read more »

Adan Vega
Adan Vega answered on Sep 27, 2020

The H-1B visa is a “dual intent” visa that allows you to express an intent to immigrate without jeopardizing the issuance of the non- immigrant H-1B visa.

As to the EAD and the advance parole document, you can request those documents from USCIS at the time you apply for adjustment of...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: Apply Green Card on EB-5 Investor program.

I am from India and I am planning to lease a business on H4 EAD and have 10 full time employees. My friend who is an american citizen will be a partner who is the actual owner of the business. Am I eligible to apply for Green Card based on the business documentations and my friends properties,... Read more »

Adan Vega
Adan Vega answered on Aug 20, 2020

EB5 visas are available to immigrant investors who engage in new commercial enterprises that benefit the U.S. economy through job creation and capital investment.

To qualify as an immigrant investor in the EB5 program, a foreign national must invest, without borrowing, the following...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: We filed a I-589, 19 monthes ago. The tracking number shows forms delivered. Received no receipt. Should we reapply?

We (my husband, daughter and I) came into the US on a B2 visa and then applied for asylum. My husband abandoned us and went back to SA. Our case was cancelled. We got a lawyer that reapplied for us but 19 mnds later we have not received a receipt number. Our workers permits have expired and we have... Read more »

John Alexander Bates
John Alexander Bates answered on Jul 9, 2020

No receipt number? Your application may not have been delivered properly.

4 Answers | Asked in Immigration Law for North Carolina on
Q: Question for N-400 application

Hi, I'm unsure how to answer the following question: have I ever been in jail or prison?

I was previously arrested and released on bail a couple hours later. Based on this situation how should the question above be answered? Yes or No

Thank you in advance!

John Alexander Bates
John Alexander Bates answered on Jul 7, 2020

Answer yes and describe the situation.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: NVC has received approved immigrant visa petition from USCIS? Can I still file i-485 for adjustment of status?

My parents immigrant visa petition has been approved by USCIS and send to NVC. They are in USA on visitor visa and I am thinking about filing i-485 so they dont have to travel back and forth in this environment.

Matthew J Hartnett
Matthew J Hartnett answered on Jun 30, 2020

Yes, you should be able to file for their adjustment of status. However be sure to contact an attorney to discuss in further detail.

2 Answers | Asked in Immigration Law for North Carolina on
Q: How do i go about getting married if my bf is illegal? We live in n.c.
John Alexander Bates
John Alexander Bates answered on Jun 8, 2020

If you are a United States citizen, you can get married and apply for a green card for him. You will also probably have to file a waiver, if he entered without a visa. The waiver is to excuse his unlawful presence in the United States.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: I married an Asylum applicant and I’m a green card holder. We got a I 130 approval can he apply to adjustment of status?

We submitted a I-130 form and recently it was approved. I am a green card holder and he is an Assylum applicant. Can he apply for the I-485 adjustment of status ? Someone told me I needed to be a citizenship before he can apply for a green card. Is that true? He has never been here illegally. Since... Read more »

Drew Elesh
Drew Elesh answered on May 27, 2020

The beneficiary (your spouse) needs to be on a valid visa to benefit from

an I-485. Since he is not a valid visa you would need to be a U.S. citizen

to adjust to a permanent resident of the U.S. You are correct that he has had

a valid work permit but that is not the same...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: Hi, the NVC is currently processing my son's case (F3) and we noticed a DOB discrepancy between his BC and passport

He lives in Ethiopia. The Ethiopian calendar is different from the American calendar, in that the Ethiopian calendar has 13 months and is currently in the year 2012. Any legal document containing a date has an Ethiopian date as well as an American date. His birth certificate was issued in 1983 and... Read more »

Allen C. Ladd
Allen C. Ladd answered on May 14, 2020

Thanks for your question. I would bring it to the attention of the NVC.

Allen Ladd

2 Answers | Asked in Immigration Law for North Carolina on
Q: can a citizen of Iran apply for Green Card while Travel Ban is in effect?

My wife is a recently naturalized US Citizen and would like to sponsor her elderly disabled mother (70Yrs Old - Stroke victim) for a Green Card. My question is, even though Iranian citizens are banned from entering the country, is it still possible to apply for an I-130 in anticipation of a new... Read more »

Allen C. Ladd
Allen C. Ladd answered on Apr 23, 2020

There are humanitarian exceptions to the travel ban. Now would be as good a time as any to begin the process.

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2 Answers | Asked in Immigration Law for North Carolina on
Q: Hi my dad is in the states he just got his temporary green card through marriage. My question is can he file for his son

His son is over 21 and is in the states visiting on a visitors visa

Adan Vega
Adan Vega answered on Apr 14, 2020

A resident parent can file the family petition, FORM I-130, on behalf of an unmarried son.

In your case, the FORM I-485 can not be filed with USCIS by the unmarried son for at least 4 to 5 years. Moreover, the applicant must remain in status and must be otherwise not inadmissible.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: Hello I'm a legal USA resident. I've been in love and dating a gentleman from Nigeria on and off for 12 year's.

His work Visa has expired years ago. I want to marry the love of my life. He doesn't have a criminal background. What should we do?

Thank you,

Fay

Svetlana Kats
Svetlana Kats answered on Mar 30, 2020

Fay, your best option is to marry your fiance and apply for U.S. citizenship when you become eligible.

As a U.S. citizen, you will be able to file immigrant petition and application to adjust status for your husband to keep him in the U.S.

2 Answers | Asked in Immigration Law for North Carolina on
Q: In which US embassy CR1 beneficiary should have interview: country of residence (UK) or country of citizenship (LTU)?

My spouse is UK resident for the past 15 years but has Lithuanian citizenship.

Stephen Arnold Black
Stephen Arnold Black answered on Mar 4, 2020

It is not uncommon for an immigrant to request to process the visa at the US consulate in the country he resides in. However, that would depend on the type of case. Discuss your case with counsel anywhere in the USA for a full review of the facts.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: If a mother is going to be US citizen but her under 18 years old son don't want to is he still automatically going tobe

Or is there another way to keep his citizenship and decide after he is 18 years old?

Juan Antonio Arreola
Juan Antonio Arreola answered on Feb 20, 2020

You pose an interesting question. Is there any particular reason as to why the son does not want to become a U.S. citizen?

Derivative citizenship is very complex and case specific. However, as a general rule a minor, under 18 years of age, automatically acquires U.S. citizenship if (1) the...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: No this is not a relative this is a man who lives in Italy who wants to marry me
Stephen Arnold Black
Stephen Arnold Black answered on Feb 14, 2020

Are you a US citizen? Discuss with counsel anywhere in the USA for a free consultation to explore your options.

2 Answers | Asked in Immigration Law for North Carolina on
Q: My I-485 application was denied. I’m doing a refile. Do I need to have a new medical record?
Stephen Arnold Black
Stephen Arnold Black answered on Feb 11, 2020

The medical exam record becomes stale if submitted past the deadline. A review of your file would reveal if that’s the case. Consider working with an attorney so that precious time and filing fees are not wasted again. Your application will now be subjected to the new public charge rules that... Read more »

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