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North Carolina Immigration Law Questions & Answers

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 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 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 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 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 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 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 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 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 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 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 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 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 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 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.

1 Answer | Asked in Immigration Law for North Carolina on

Q: Shoul I put my US citizen father on n400 application even if we don’t have same last name and his name is not on my bc?

His name is not on my birth certificate.

Kelli Y Allen answered on Jan 14, 2019

Yes, you must complete the N-400 completely, including your father's info even if he is not listed on your birth certificate.

1 Answer | Asked in Immigration Law and International Law for North Carolina on

Q: I have a friend who is in jail in Sparta NC. This is his first time in trouble in over 10 year's.

He has cousty of his 4 year old son who is a us citizen. Is there anything that can be done to keep him here

Kelli Y Allen answered on Jan 13, 2019

The answer depends on numerous factors such as: what he was charged with, whether he has been convicted, whether he has an ICE hold (or has been referred immigration court), and, if so, whether he has any form of relief for which to apply. That would depend on criminal record, how long he has been... Read more »

2 Answers | Asked in Immigration Law for North Carolina on

Q: We just found out my husband has a order for removal could we still apply for his green card

He came here illegally from el salvador in 2013 was picked up by ice in Texas and incarcerated he was released and we just found out he has an order for removal from 2014

Allen C. Ladd answered on Jan 4, 2019

You will need to find a lawyer who can tell you what your options are. It might be possible, for example, to ask the Immigration Court (Charlotte, I'm guessing) to consider reopening the case, to allow you to go forward with visa processing for your husband. In any event, you'll need to start... Read more »

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1 Answer | Asked in Immigration Law for North Carolina on

Q: My uncle got arrested for DWL at a checkpoint in SC Now on one of the charges it says Hold for ICE he has NoKids or wife

He has been longer than 10 years and owns his house and no criminal record. And this happend in York SC

Allen C. Ladd answered on Jan 3, 2019

York County (Rock Hill area, including York) in South Carolina has an arrangement ("287(g) Memo of Understanding") to cooperate with ICE in traffic stops. This is the result. Unfortunate.

I recommend you find an immigration lawyer in Rock Hill -- or in Charlotte -- to help you with this....
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1 Answer | Asked in Immigration Law for North Carolina on

Q: I would like to hire an international student to do work for me over the summer - what do I need to do?

Hector E. Quiroga answered on Dec 12, 2018

You likely can’t, unless the position you are offering fulfills the requirements for optional practical training or curricular practical training.

1 Answer | Asked in Immigration Law for North Carolina on

Q: Hi so long story short- I am a US born citizen and my husband a UK born citizen. I want to apply for green card for him?

We are both currently in the States at the moment. BUT my question is do we apply for the I-130 form only or can we apply apply to both I-485 and I-130 concurrently at the same time? (My husband entered on a visa this trip to the States (valid for 10 years)). However he will be travelling back to... Read more »

Myron Morales answered on Nov 16, 2018

Since he entered on a visa, you can file concurrently. But, since he is leaving on December 1, this will not be enough time to obtain the advance parole document that he will need to return to the U.S. As such, the I-485 would be deemed abandoned and he would have to consular process to complete... Read more »

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