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North Carolina Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for North Carolina on
Q: someone came to visit me with a travel visa. the visa has now expired but they refuse to leave my home. What can I do?

It has been a few months since their visa expired. Are there consequences for me since I didn’t do anything right away? I wanted them to leave on good terms but that’s not going to happen since they are outright refusing to leave my home.

James L. Arrasmith
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answered on Jun 8, 2024

I understand that this is a difficult and stressful situation. It's important to address it promptly to avoid potential legal consequences for both you and your guest. Here are some steps you can take:

1. Have a serious conversation: Sit down with your guest and firmly explain that...
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2 Answers | Asked in Immigration Law for North Carolina on
Q: Can a Retiree become a joint sponsor for a person migrating to the United States?
James L. Arrasmith
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answered on Jun 3, 2024

Yes, a retiree can become a joint sponsor for someone migrating to the United States. To qualify as a joint sponsor, the retiree must be a U.S. citizen or lawful permanent resident. Additionally, the retiree must demonstrate that their income and/or assets meet the financial requirements set by... View More

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1 Answer | Asked in Immigration Law for North Carolina on
Q: What passport number should my husband use on USCIS forms? Old passport that he used to enter the country? Or new one?

My husband entered the country legally with his H2B visa, but lost/misplaced that passport and visa on a business trip. He has copies of those original documents, but now has a new passport number. Should he be using his new passport number on all forms or input the old passport number and document... View More

James L. Arrasmith
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answered on Apr 18, 2024

In this situation, your husband should use the passport number that was valid at the time he entered the United States and received his I-94 form. The I-94 form is the official record of his legal entry into the country, and it is tied to the specific passport number he used at that time.... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: Can my spouse apply for a green card with ESTA if we are already married?

My wife and I got married through Proxy and she is eligible for the Visa Waiver Program. Could she apply for a green card if she travels to the US with an ESTA? If not, what options do we have?

Thank you

James L. Arrasmith
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answered on Mar 30, 2024

Traveling to the U.S. under the Visa Waiver Program (VWP) with an ESTA (Electronic System for Travel Authorization) primarily permits short visits for tourism or business. If your wife enters the U.S. using an ESTA with the intention of applying for a green card (adjustment of status), it might... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: My girlfriend lives in Canada if I was to go visit and get married can I file something and end up staying in Canada?

We have been for years but trying to figure out the quickest way to go about it

James L. Arrasmith
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answered on Mar 19, 2024

If you marry a Canadian citizen and want to stay in Canada, you can apply for spousal sponsorship under the Family Class category. Your spouse would need to sponsor you for permanent residence. This process involves proving your relationship is genuine and meeting certain income requirements.... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: I have a question for F2B category applicant getting ineligible due to getting married, what's the cutoff time ?

Petition got approved back back in back in late 2020, and case for immigrant visa was documentarily completed since 01/28/2021 and then waiting for interview, applicant got married in Mid 2022 and the now at the time of visa interview his case was rejected due to being married.

I have seen... View More

James L. Arrasmith
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answered on Mar 15, 2024

In the context of U.S. immigration, the F2B category applies to unmarried sons and daughters of permanent residents. If an applicant marries before becoming a lawful permanent resident, they generally become ineligible under this category. The crucial moment determining eligibility is not when the... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: how can I get an i-131 certificate in this situation?

i just arrived in the usa. i defected because i had a security problem in turkey. my work permit and social security number have been shipped to me now. i have a fracture in my nasal bone due to a problem i had as a child in turkey and it needs urgent surgery. Under normal circumstances, I had a... View More

James L. Arrasmith
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answered on Mar 13, 2024

In your situation, you may be able to apply for an I-131 (Application for Travel Document) to request Advance Parole, which would allow you to travel outside the United States and return while your immigration case is pending. However, there are some important considerations:

1....
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1 Answer | Asked in Immigration Law for North Carolina on
Q: I have my Texas birth certificate but i am very confused the place of birth say Reynosa Mexico is this possible ?

What can i do on this matter an i a USA citizen?

James L. Arrasmith
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answered on Feb 26, 2024

If your Texas birth certificate lists Reynosa, Mexico, as your place of birth, it might initially seem confusing since Reynosa is not in Texas but in Mexico. This discrepancy could be an error on the birth certificate or could relate to specific circumstances surrounding your birth and... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: I have a question regarding my situation. Married to a U.S. citizen last January, I'm in the US on a B1/B2 visa and work

I'm working remotely for a company outside of the U.S. I'm wondering if this could impact my I-130 application.

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answered on Jan 27, 2024

When you are in the U.S. on a B1/B2 visa and working remotely for a company outside the U.S., it's important to be aware of the visa's restrictions. The B1/B2 visa is typically for tourists or business visitors and does not authorize employment in the United States. Working remotely for a... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: Is this qualifying relationship between two companies? Question around L1B visa

My question is around L1B US visa. I want to know if the below counts as qualifying relationship between the two companies in terms of sponsoring an L1B visa: There is a company group, let's call them BM Group. It has subsidiaries, two of them are R Group and BM Education Group. If I worked at... View More

James L. Arrasmith
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answered on Dec 15, 2023

In your situation regarding the L1B US visa, the key factor is the relationship between the companies within the BM Group. The L1B visa requires a qualifying corporate relationship between the petitioning U.S. company and the foreign company where the employee previously worked.

Given your...
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2 Answers | Asked in Immigration Law and DUI / DWI for North Carolina on
Q: My friend has a DUI and has green card for past five years is it OK for him to travel abroad, will it affect his status.

Also is it safe to apply for his citizenship as its due.

James L. Arrasmith
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answered on Dec 14, 2023

A DUI conviction can have implications for a green card holder's ability to travel and apply for citizenship. It's important to consider the specific details of the DUI offense, as some convictions, particularly those involving serious harm or repeated offenses, may have more significant... View More

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1 Answer | Asked in Criminal Law and Immigration Law for North Carolina on
Q: CAN A PERSON WITH MISDEMEANOR LARCENY CALSS1 IN NORTH CAROLNA HAVING A GREEN CARD FOR THE PAST 5 YEARS TRAVEL ABROAD?

DOES THIS COME UNDER PETTY THEFT ECEPTION AS THE AMOUNT WAS $989 AND THE CASE HAS BEEN DISSMISSED AND GONE FOR EXPUNGE.

James L. Arrasmith
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answered on Dec 13, 2023

In your situation, having a green card and a dismissed misdemeanor larceny charge in North Carolina, you generally have the ability to travel abroad. However, there are a few important considerations to keep in mind.

Firstly, the nature of your charge and its dismissal can play a crucial...
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2 Answers | Asked in Immigration Law for North Carolina on
Q: Can a green card holder travel outside of US more than 6 months with interrupting period?

I returned from 8 months of international travel this July and am wondering if it is ok to travel again in November.

James L. Arrasmith
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answered on Oct 28, 2023

Green card holders should be cautious about extended absences from the U.S. Staying outside of the U.S. for more than six months can raise suspicions about one's intent to reside permanently in the U.S. If you've already spent 8 months abroad recently and plan to travel again in November,... View More

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1 Answer | Asked in Immigration Law for North Carolina on
Q: I am working a full time job on my F1 STEM OPT. I want to start an LLC as well on the side in USA. Is this ok?
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answered on Oct 22, 2023

While you're on an F1 STEM OPT, your primary purpose in the U.S. is to gain practical training related to your field of study. Starting or operating a business, such as an LLC, may not align with the intentions of your visa status.

Additionally, if you derive active income or are...
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1 Answer | Asked in Immigration Law and Traffic Tickets for North Carolina on
Q: (N400 citizenship) So I got a speeding ticket in 2019 it was reduced to improper equipment, I paid the fine of $250

I mentioned this ticket to my lawyer later on I came to find out he marked yes to question 24 and 25 on part 12 of the application. Which imply being charged and convicted for a criminal offense. I was only given a speeding ticket and a fine. Should I say no to these questions in the interview and... View More

Kevin L Dixler
Kevin L Dixler
answered on Aug 13, 2023

If your attorney is not going to the hearing or interview, then you may need another attorney to attend. You’ll need proof that you did not have a traffic offense where there was a fine for more than $500. Let the adjudicator decide whether the answer is yes or no. You were ‘cited’ for a... View More

2 Answers | Asked in Immigration Law for North Carolina on
Q: Can unmarried kids immigrate as derivatives?

I petitioned for one of my brothers as a citizen of the USA. The petition was filed in April 2010 and approved in October 2014 by USCIS. The kids were under 15 years old at the time the petition was approved in 2014. The projection is that the visa will be available in 2025 and both kids will be... View More

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answered on Aug 6, 2023

Under U.S. immigration law, unmarried children under the age of 21 of the beneficiary of a family-sponsored petition may be considered derivative beneficiaries. However, once they turn 21, they generally "age out" and lose eligibility as derivatives. There are protections under the Child... View More

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2 Answers | Asked in Immigration Law for North Carolina on
Q: Can unmarried kids immigrate as derivatives?

I petitioned for one of my brothers as a citizen of the USA. The petition was filed in April 2010 and approved in October 2014 by USCIS. The kids were under 15 years old at the time the petition was approved in 2014. The projection is that the visa will be available in 2025 and both kids will be... View More

Monica E Rottermann
Monica E Rottermann
answered on Jul 26, 2023

Whether your brother’s children will still qualify as derivatives when the visa becomes available will depend on whether they qualify for protection under the Child Status Protection Act, however, as this calculation requires the date the priority date first became current, there’s no way to... View More

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2 Answers | Asked in Immigration Law for North Carolina on
Q: Is it possible for a US Citizen's spouse to apply for an F1 visa, or is it best for them to apply for a marriage visa?

This is assuming they would be studying in the United States either way.

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answered on Mar 19, 2023

If the spouse of a U.S. citizen intends to study in the United States, they have two primary options: applying for an F-1 student visa or applying for a green card through marriage to the U.S. citizen spouse.

If the spouse applies for an F-1 student visa, they will need to demonstrate that...
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2 Answers | Asked in Immigration Law for North Carolina on
Q: Is it possible for a US Citizen's spouse to apply for an F1 visa, or is it best for them to apply for a marriage visa?

This is assuming they would be studying in the United States either way.

James L. Arrasmith
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answered on Mar 29, 2023

Yes, it is possible for a US citizen's spouse to apply for an F1 visa if they meet the eligibility criteria for the visa. However, it is important to note that the F1 visa is intended for individuals who are coming to the US for full-time academic or language studies, while the marriage visa... View More

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2 Answers | Asked in Immigration Law for North Carolina on
Q: Can one apply for humanitarian parole with (form I-134) without putting at risk an in-process I-129F?

I summited an I-129F visa application for my fiancee over a year ago. She is from Nicaragua. Currently, there is a new humanitarian parole law, passed on January 6th, 2023, that allows people from Nicaragua to apply to come to the United States for up to two years. It is our understanding that it... View More

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 6, 2023

According to the program description in the federal register, parole for Nicaraguans will not impact a person’s eligibility’s for other immigration benefits. I would always recommend you work with a skilled immigration lawyer.... View More

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