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North Carolina Immigration Law Questions & Answers
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... Read more »

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
PREMIUM
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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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... Read more »

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... Read more »

Ms Grace I Gardiner
Ms Grace I Gardiner
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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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... Read 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... Read 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... Read 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... Read more »

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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1 Answer | Asked in Immigration Law for North Carolina on
Q: The place of birth on the birth certificate is different from the place of birth on my passport.

I am an Indian citizen on H1B, and I am applying for I-140 and I-485. The place of birth on my passport is different than the place of birth on my birth certificate. They are neighboring towns in the same state and district. It was an accidental error on my behalf during my initial passport... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Jan 4, 2022

Confusion over issues of identity complicate a filing. It 'was' best to have corrected this information before you went forward with 'any' visa processing. Otherwise, it can eventually be viewed as a misrepresentation. Whether this is an innocent or material misrepresentation... Read more »

1 Answer | Asked in Contracts and Immigration Law for North Carolina on
Q: We bought a house through a verbal agreement with the owner and are wondering if there is a contract to take to them ?

We have already payed the full amount for the house but we have no contract saying it is our property. The seller claims that their lawyer will take until march for any documents to be signed because the buyer has no social security number but does have an ITN number.

Agnes Jury
Agnes Jury
answered on Dec 25, 2021

Real estate is required to be purchased through a written document (no oral contract). If a lawyer is involved in this transaction they should know that. Also, if you paid the full amount for the house then all that should be needed for you to have proof that you own the property is the quit claim... Read more »

1 Answer | Asked in Immigration Law and Tax Law for North Carolina on
Q: I'm a student in usa under F1 visa and I want to open a uk LTD and sell on the us market on eBay under my company name?

I'm a student in usa under F1 visa and I want to open a uk LTD and sell on the us market on eBay under my company name? It is legal to sell under my company name even if I'm not eligible to work under f1 visa and I should pay taxes to the us or uk government?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 23, 2021

That would be a de facto visa condition violation that will get your student status cancelled.

2 Answers | Asked in Immigration Law and International Law for North Carolina on
Q: LOST PASSPORT please help! How to extend stay over 90 days with an ESTA, whilst awaiting a new passport?

I have just arrived at the airport to leave USA after a 90 day tourist visit on an ESTA visa waiver program. I was due to leave for 4 days to allow my visit time to renew and then return to the states to finish my trip for another 2 months. But I have arrived at the airport and lost my passport!! I... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 4, 2021

You will need to comply with the reality. Obtain your expedited foreign passport and then apply for a new visa in that document.

There is no way around it.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: How can i extend my ESTA stay in USA due to covid isolation? I am UK visiting USA for almost 90days but now cant fly!

I have been in the USA as a tourist on the Visa Waiver program for almost 90 days. I was due to fly out today and return in a few days to continue my USA trip for another 2 months, but I have just learned that a friend I have had contact with has covid, and although I have not tested positive, i... Read more »

Agnes Jury
Agnes Jury
answered on Nov 4, 2021

Normally you could file to extend your stay but Visa Waiver Program (VWP) entrants are not eligible to extend their stay or change status. However, under current regulations, if an emergency (such as COVID-19) prevents the departure of a VWP entrant, USCIS in its discretion may grant a period of... Read more »

3 Answers | Asked in Immigration Law for North Carolina on
Q: I am in America with a tourist visa, and my father and mother are Americans, and I am old. Can I obtain a residence

I came with my husband and my son to America and I saw my father and my mother at an advanced age. I want to serve them, but I need to apply for legal residence. I am looking for a way with many thanks

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 15, 2021

You need to provide much more information regarding your potential eligibility to adjust your status.

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1 Answer | Asked in Immigration Law, Admiralty / Maritime and Native American Law for North Carolina on
Q: How can my Family Sue for Reparations of Slay

The act of Slavery and Denationalization has erased our history and ability to identify in our indigenous status.. Through Legal Doctrine and the institution of Slavery The United States of America and States thereof are a Party to the Genocide of my people.. The only History that we can trace our... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 7, 2021

Any merits of any civil action must be discussed, examined, and explained to prospective Petitioner by an experienced litigant versed in that area of law intimately.

Thus, research, compare and select such professional for a preliminary case assessment before proceeding.

2 Answers | Asked in Immigration Law for North Carolina on
Q: Hi, What’s the process to dispute someone reporting us for marriage fraud?

Just to add some context to the question, my wife and I recently got married and we’re working on getting her green card (she’s currently covered through DACA).

When I met my wife, I had a friendship with someone that ended pretty badly and we haven’t talked in about 2 years until... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Sep 9, 2021

There is no process. People can write or call the immigration authorities. I suggest that you and your wife make sure you have proof of the marriage to submit. This include things like copies of leases with both your names, joint bank accounts and so on. You have to prove that your marriage is real.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: A friend is going to be deported back to Costa Rica.

He's incarcerated and will be released in December of this year. He's worried about being detained in ICE holding for several weeks/months. He'd like to know if his family paid for his ticket would it expedite the deportation procedures any?

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Jun 24, 2021

Yes. He can expedite the removal by waiving his right to go before an immigration judge. Tell him to speak with his deportation officer when the officer comes to visit him.

1 Answer | Asked in Immigration Law for North Carolina on
Q: What steps to take in order to have a successful citizenship procedure?

I am a permanent green card holder back in 2019 I became involve with a criminal case dealing with the crime of obtaining property by false pretense. I was placed in this program the public defender suggest me and later on 2020 the case was dismissed. I am wanting to become a citizen and would like... Read more »

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Jun 10, 2021

First; depending on how you got your LPR status; You are not eligible to file for NATZ until you have been an LPR for 3 or 5 years.

Based on the limited information your provided; it sounds like you entered into a program, probation, or other form of predisposition in exchange for a...
Read more »

2 Answers | Asked in Immigration Law for North Carolina on
Q: I have conditional GC. Can we live seperate but close?

I am on conditional GC. We lived together all this time and there are no major problems between us. We are deciding to live seperately starting the last couple months because my US citizen partner needs to take care of a family member for a while. We are going to be close and remain in a... Read more »

Agnes Jury
Agnes Jury
answered on May 18, 2021

Living apart may be a red flag but you should be able to overcome it with evidence of you remaining as a couple through your frequent communications and visits with each other etc. Document it well, submit the evidence when you remove the condition and bring more to the interview (if there is one).... Read more »

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1 Answer | Asked in Immigration Law for North Carolina on
Q: My husband has been living with another woman. He told her that he married me to come to the U.S. Can he be deported?

My parents and I sponsored my husband to come to the U.S. He moved out of my house 4 months ago and I thought that he had his own apartment. But it was a lie. Yesterday I got a call from the police telling me that he had been arrested for indecent liberties with a minor. The officer said that he... Read more »

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on May 14, 2021

You should send a certified letter to the USCIS. The letter will be placed in the file and seen when he applies for any immigration benefit. You should also notify ICE.

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