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North Carolina Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for North Carolina on
Q: My husband is a illegal immigrant and he was convicted of Cocaine and plead guilty to drug paraphernalia what to do now?

My husband is a illegal immigrant and he was convicted of Cocaine and after hiring a criminal lawyer his final outcome was that he plead guilty to Drug Paraphernalia but now its affecting his immigration but the criminal lawyer that we hired he did not explain to my husband that if he plead guilty... Read more »

Allen C. Ladd
Allen C. Ladd answered on Oct 14, 2019

I'm going to assume the paraphernalia charge was related to cocaine. ANY GUILTY PLEA related to ANY controlled substance, OTHER THAN a small amount of marijuana, will most likely mean your husband will be DEPORTED.

To answer your question: You need to speak to another criminal defense...
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1 Answer | Asked in Immigration Law and Native American Law for North Carolina on
Q: Can a USA citizenship have 2 more citizenship and passports other then the American one?

Hi, I am Brazilian and I'm about to receive the USA citizenship, so I'll be citizen in 2 Countries, Brazil and USA, and of course, I'll have the both passports. Besides that, I just realized that if I want I'm able to request the Portuguese citizenship and the portugueses passport (what would be... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 9, 2019

As far as the US is concerned you can carry a US passport and that of another country. You will need to see what the Brazilian position on the matter is.

1 Answer | Asked in Immigration Law for North Carolina on
Q: Naturalization taking longer than usual

My wife and I applied for US citizenship back in Feb 2019. We had our bio-metrics done in a couple of weeks. Since then we have been waiting for a letter for an interview. Currently, the status says "We are taking longer than expected to process your case. You do not need to do anything at this... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 3, 2019

It is hard to say. It could be the way you got your residence (asylum), but the fact is access to all benefits is inconsistent and taking longer than before. Each case is different, however, and there is nothing you wrote that would indicate any particular reason why your case would be taking... Read more »

1 Answer | Asked in Immigration Law for North Carolina on
Q: Approved F2 to F1 after 4 month(221g). Currently in F2 in usa. Can she go to mexico to enter as F1 with the new F1 visa?

Applied to F1 while being in f2 from her home country. She got administrative processing. Came back as F2 and currently in usa as F2 was valid. Now she got F1. Can she use mexico as change of visa status port?

Hector E. Quiroga
Hector E. Quiroga answered on Sep 24, 2019

It is not necessary to leave the country to change status.

2 Answers | Asked in Immigration Law for North Carolina on
Q: Can permanent resident be deported if renewal green card is lost in the mail. Filed I-90. Still waiting.

Original card expired almost a year ago. My new card was mailed at the end of June. When it was returned I filed the I-90 form. But according to the website the processing time could be another year. With everything going on in our country I am worried about deportation while waiting for... Read more »

Allen C. Ladd
Allen C. Ladd answered on Aug 28, 2019

Suggestions:

1) Scan your receipt notice for the I-90 and email to yourself.

2) If you have a photo or photocopy of your green card, do the same. If you don't have it, don't be too concerned -- you have the I-90.

3) Access these on your smart phone if ever needed, to...
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2 Answers | Asked in Immigration Law for North Carolina on
Q: Can someone apply for dependent visa, if green card application has been filed already ?

If parents are in US and they file green card for their daughter (who is above 22 yrs old) living outside US , can daughter apply for F2 dependent visa if she gets married with F1 visa holder ? Does she need to cancel the ongoing application process ?

Kevin L Dixler
Kevin L Dixler answered on Aug 26, 2019

This gets complicated. The answer is that she should avoid taking any and all action that will prejudice her. That includes withdrawal of the petition, but many other actions, as well.

A careful review of the facts in the form of a teleconference with a competent and experienced immigration...
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2 Answers | Asked in Immigration Law for North Carolina on
Q: Me and my fiance got married under a k1 visa but she left the us because we thought she had to wait back in her country.

She came back to her country because we thought she had to wait for her travel permit there, now im trying to bring her back im an Active duty Us Marine

Allen C. Ladd
Allen C. Ladd answered on Aug 15, 2019

Contact www.AILA.org, American immigration lawyers Association, which has a military assistance project. You may qualify for free assistance by volunteer Immigration lawyers.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: Business handover to non immigrant

An investment advisor (FINRA certified) getting retired, want to handover business to a person who is at present non immigrant & living out of US. Which VISA he can sponsor him. Non immigrant is ready to take FINRA certification & ready to take over the business.

Sheri A Benchetrit
Sheri A Benchetrit answered on May 22, 2019

There may be several different options for the non immigrant. I would first need to have more information about his country of origin and also about the amount of the purchase price. Since it is important to gather as much information as possible in order to know all of your options, it would be... Read more »

2 Answers | Asked in Criminal Law and Immigration Law for North Carolina on
Q: Will my crime record affect getting a green card?

Hey! Im an European citizen, my fiancé is a marine and I’m 6 months pregnant. I got tickets to the USA in July to get married and start our family together and apply for green card and use parole in place to stay there.

I’ve committed a crime ( shoplifting) and I will have to pay a... Read more »

Denise Anderson
Denise Anderson answered on May 19, 2019

Shoplifting is often termed as a petty offense. The fact that you committed a petty crime does not bar you from obtaining a green card; you may still be admissible to the United States. The decisive factor is whether you have committed shoplifting on more than one occasion, and whether you entered... Read more »

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1 Answer | Asked in Immigration Law for North Carolina on
Q: I’m on the process of I751 and have to go back home emergency but my visa expires on July what should I do
Juan Antonio Arreola
Juan Antonio Arreola answered on May 1, 2019

Generally, a conditional resident's status will be extended for 18 months if your I-751 petition was timely filed. During that time conditional residents are typically allowed to work and travel abroad. However, it is very important that you consult with an experienced immigration attorney, who may... Read more »

2 Answers | Asked in Immigration Law for North Carolina on
Q: I'm US citizen. My spouse is in the US with valid I94. If we file I-130, is it safe to travel outside for 2 weeks?

My spouse get tourist visa before we've got married 4 years ago, and was visiting the US about 5 times since that, never work in US and never over stay. The visa is still good for the next 5 years. Is there anything else what could create an issue to reenter US after I-130 is filed? Is it mandatory... Read more »

Kelli Y Allen
Kelli Y Allen answered on Apr 11, 2019

More information is needed to provide an answer. It depends on what type of visa your spouse used to enter the U.S. , whether it is still valid, and what the future intentions are regarding case processing. As a general answer, if by "safe" you mean guaranteed to be able to re-enter the U.S. in... Read more »

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3 Answers | Asked in Immigration Law for North Carolina on
Q: My daughter has a boyfriend from Canada, who really wants to come here, so they can be together. What can they do?
Ms Grace I Gardiner
Ms Grace I Gardiner answered on Mar 23, 2019

She can apply for a fiance visa if she has visited him there at least once in the last two years. There are several other requirements so she should speak with an experienced immigration attorney

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1 Answer | Asked in Immigration Law and Civil Rights for North Carolina on
Q: Can I get a lawyer to obtain a state ID for me so that I can vote. I can't drive around to do it myself.

I am willing to sign a power of attorney and to pay.

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 18, 2019

Probably not. You might want to get an uber and go to the DMV yourself if you don't drive.

1 Answer | Asked in Immigration Law for North Carolina on
Q: I came to Egypt to get marry but the process took more time then expected and I couldn't finish my process because I had

To Travel back to USA so I got a lawyer and left him a power of attorney paper to fininsh my marriage here in Egypt, my question is with doing that is my marriage valid to immigration to apply for my husband CR-1

Kelli Y Allen
Kelli Y Allen answered on Feb 7, 2019

I highly advise having a full consultation with an immigration attorney. The U.S. does not recognize proxy marriages. If that is what occurred, you will have problems with immigration when you try to file the spousal petition.

3 Answers | Asked in Immigration Law for North Carolina on
Q: Does spouse has to be a citizen for last 3 years for me to apply citizenship
Kelli Y Allen
Kelli Y Allen answered on Feb 7, 2019

To be eligible to apply for naturalization after 3 years of permanent residency rather than 5, you must have been married to and living with your U.S. citizen spouse for 3 years since becoming a permanent resident. If your spouse was an LPR part of the time, you must wait until it has been 3 years.

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1 Answer | Asked in Immigration Law and Tax Law for North Carolina on
Q: My wife worked with a itin number last year.If I file a i130 petition for her will that be a problem in the near future?
Kelli Y Allen
Kelli Y Allen answered on Jan 27, 2019

If you are a U.S. citizen, no that would not be an issue .

1 Answer | Asked in Immigration Law for North Carolina on
Q: How can my K1 visa spouse get a NC license while waiting on change of status? Is he able to obtain a GED?

We're waiting on the marriage certificate and want to apply for green card and work permit. We also want to see if he can get a driver's license and enroll into a GED program in the meantime.

Kelli Y Allen
Kelli Y Allen answered on Jan 27, 2019

I suggest you retain the services of an immigration attorney to get all the paperwork done while you're waiting for the marriage certificate so that all the applications and supporting documentation can be filed as soon as the marriage certificate is available. Part of the adjustment of status... Read more »

1 Answer | Asked in Immigration Law and Child Custody for North Carolina on
Q: Hi I wanna check my wife is on H4 i need to cancel

In July there was a domestic violence case against her i had filed where she had physically abused me. I had withdrawn the case and she was asked to go for counseling classes for a year.since she was pregnant considering she would change are being in jail. But i dont see any change in her now she... Read more »

Kelli Y Allen
Kelli Y Allen answered on Jan 24, 2019

I'm not sure what your exact question is. I recommend contacting a family law attorney to deal with the custody issue first. If you decide to divorce, that will resolve the H-4 issue as she would not longer be an eligible derivative.

1 Answer | Asked in Immigration Law for North Carolina on
Q: Can good time be taken away if you’re under deportation

My father is in a NC federal jail, he is set to be deported after his sentence. He has had good conduct time taken off of his sentence, but now they are putting 4 months of that time back in his sentence because he does not want to attend school, he has already completed the necessary amount of... Read more »

Kelli Y Allen
Kelli Y Allen answered on Jan 18, 2019

I don't know that being under an order of removal would have any impact, but this is really a criminal law question. You may want to seek advice from a criminal law attorney.

1 Answer | Asked in Immigration Law for North Carolina on
Q: I have a valid f1 visa but I just realized that on the visa application I forgot to indicate my other (EU) nationality.

I have both an Indian and an EU passport. I already have the student visa on my Indian passport but would like to relinquish my Indian nationality, which means that I’d have to get a new visa. However in my last us visa application form I found out that i didn’t indicate my EU nationality.

Kelli Y Allen
Kelli Y Allen answered on Jan 14, 2019

Check with you school and see if they can assist you. Otherwise, if you leave the U.S., you would have to get your new passport stamped before re-entering the U.S. In either case, for accuracy purposes, you should notify USCIS of the omitted information.

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