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North Carolina Immigration Law Questions & Answers
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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2 Answers | Asked in Immigration Law for North Carolina on
Q: Can I move to another state for work relocation and leave my spouse in another state under condition green card?

Recently I have been given a 2 years conditional green card.

But I have got a very good job offer in another state.

Me and my partner have agreed that I can relocate for the job but I was very worried that relocating to another state might raise red flags during the removal of 2... Read more »

Amanda B Cook
Amanda B Cook answered on Feb 4, 2020

In the current political climate, this would be ill advised.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: Can I still adjust my status?

I'm an undocumented immigrant from Nigeria. I came to the states legally on a visitor's visa and my parents overstayed (i was 7 when I got here). I've been living in the US since then and have pretty much built my life here and have a child here. I'm also married to a U.S citizen. My fear is that... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Feb 2, 2020

If you entered the country legally and your husband is a US citizen, he can sponsor you now for your green card despite that your visa has expired. Counsel in any state can represent you.

1 Answer | Asked in Immigration Law for North Carolina on
Q: My mom's green card expires this year. what are the steps we should take to renew it and keep her legal in the US?

Her country of origin is Ukraine. She has been in the US for 20+ years. She was married and divorced in the US. She had two kids in the US in that same marriage. Her divorced husband (my father) was a US citizen and passed away in 2008. she received child support from him till 2008 and after... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

She will file USCIS Form I-90. Go to www.uscis.gov/forms for the form and read the instructions carefully. There is a filing fee and a possible exemption from the fee. Good luck. S'bogim!

3 Answers | Asked in Immigration Law for North Carolina on
Q: I am wanting to apply for a visa for my husband who resides in another country. I was told i need 3 years proof income

I was employed for over 15 years at the same job which i resigned in January 29,2019 to take care of a family member who got cancer which right now is in remission thanks to God! Now i am planning on going back to work. Can you tell me if i can apply for his visa and if theres a chance it will get... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jan 18, 2020

You need to file an affidavit of support and provide the current year tax return. If your adjusted gross income is at least 125 percent of the poverty threshold depending on the number of people residing in your household (including your immigrant fiancé) then you won’t need a joint financial... Read more »

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2 Answers | Asked in Immigration Law for North Carolina on
Q: How can my daughter become with 26 a US citizen, when father blocks access to the needed information to apply for it?

My daughter is 26 years old and was born in Germany (she still lives there now with her family).

Her father (US Citizen), was in the Army and stationed in Germany.

We were never married.

He is on her birth certificate.

Also did she have a military ID card for a few... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Nov 13, 2019

If she is not married you can file petition on her behalf and wait for the immigrant visa to become available.

There might be another avenue for her to immigrate to the US even as adult child of a US citizen but that will require and in-depth consultation with an experience immigration...
Read more »

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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...
Read more »

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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...
Read more »

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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...
Read more »

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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 »

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