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Pennsylvania Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Would attending full time classes online be possible while F2 to F1 COS is pending?

I’m currently in the U.S on F2 status and have applied for COS to F1 since I will be attending grad school this September. I’m wondering if it would be possible to attend classes full-time staying in U.S while my COS from F2 to F1 is still pending if school decides to go online/hybrid mode due... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jun 16, 2020

It is possible to study part time while in the US on an F2 visa; however, you want to avoid starting your master’s program until after your F1 status has been approved.

3 Answers | Asked in Immigration Law for Pennsylvania on
Q: So my EAD expired about 4 years ago and I have been staying in the US illegally and my child will soon be turning 21

Will I be able to be sponsored by them without a problem? I have been working in the US for the time being and paying taxes even after the EAD expired and I have 3 other U.S citizen children under the age of 21.

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 2, 2020

Hey, your child should be able to sponsor you with no problem assuming you are not inadmissible for any other reason. Even though you have stayed in the U.S illegally, there is forgiveness for immediate relatives of a US Citizen ( Spouse, Child Under 21, Parent).

***This message is not...
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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: i am on (a)(10) status and my fiancee on H1B, but with lay offs,she might lose her job,can i merry her

if she looses her job, can my status benefit her in anyway?

Robert Roy Klein
Robert Roy Klein answered on Apr 21, 2020

You're in withholding status, which is no legal status and offers no protection. While you can marry, she wouldn't have any legal status or authorization to stay in the US.

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3 Answers | Asked in Criminal Law, Immigration Law and Personal Injury for Pennsylvania on
Q: Hi, i recently got assaulted by my ex's new man. Can a person with DACA sue that person? Can i get in trouble?

I have text messages of him getting upset that i was texting my ex. I wanted my shirt back of that she had and he was saying to stop texting her if not he can go about it another way. I texted him saying I'm not here to take her back or anything i just wanted to ask her a question about... Read more »

Cary B. Hall
Cary B. Hall answered on Apr 14, 2020

If you have an unsure immigration status, it's always risky to contact the police. I'm not an immigration attorney, and do not know about the nuances of your DACA status. You should speak to an immigration attorney about that.

In general, however, it sounds like this is not...
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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I have never left the country and I do have a ssn . By the way my wife is f2 .would it matter?
Robert Roy Klein
Robert Roy Klein answered on Apr 13, 2020

Fill out that non-filer form and see what happens. It would not matter if your wife is F2.

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Hello , I’m a f1 with 10 years .married with a USA son and never filed for taxes.Can we get the stimulus check?
Kevin L Dixler
Kevin L Dixler answered on Apr 13, 2020

NO! You must be a tax resident, not necessarily a lawful permanent resident, who has filed taxes in at least 2017 and 2018, where you were obligated to pay taxes. You may try to file late tax returns at this time. Its unclear whether or when the system will 'eventually' accept or... Read more »

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I was wondering if it was possible to obtain an extended visa while pursuing a master’s degree in a fully online program

I was wondering if this was possible while also working in the field of the degree one was pursuing.

Robert Roy Klein
Robert Roy Klein answered on Apr 3, 2020

I'm unsure what you mean by extended visa. What is your current status? If it's an F1, you can pursue a work visa, such as an EB visa or a nonimmigrant visa, such as a H1B, O1, L1, etc. If all you have is a bachelor, you probably don't qualify for an O1. The H1B lottery is already... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Pennsylvania on
Q: H4 Status when H-1B revoked by old company

Hi,

I recently changed my job and my H-1B has been filed by new employer and it is not approved yet. My spouse H4 (form I-539 approved and valid until May 2022 from my previous employer) was not filed by new employer.

Couple of days back my H-1B (form I-129) has been revoked by my... Read more »

Adan Vega
Adan Vega answered on Feb 24, 2020

If the FORM I-129H by your spouse’s employer was filed with USCIS before the withdrawal of the H-1B by the prior employer then the H-4 status, in general, remains valid.

However, you should request guidance from your spouse’s employer who is assisting with the filing of the FORM...
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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I`m on F2 visa and I need a social security number? , how can I change my visa?

I`m an Egyptian pharmacist, came to Pittsburgh on an F2 visa because my husband is a Ph.D. student. I took the foreign pharmacy graduate exam and got the FPGEC certificate, but to complete the steps to get my license as a pharmacist here in the USA I need a social security number. How can I do... Read more »

Adan Vega
Adan Vega answered on Feb 12, 2020

You will need to apply for a status such as the H-1B that allows you to be lawfully employed in the U.S. You can then apply for the SS#.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Got married recently and applying for AOS and EAD in c09 category

I'm on F1 OPT right now. I just got married and my wife is a US citizen. I am applying for the AOS and will also apply for GC EAD in c09 category. My current OPT EAD will expire on 9th June 2020. Do you think I'll have enough time to receive my new GC EAD assuming I apply by Feb 10th? If... Read more »

Adan Vega
Adan Vega answered on Feb 9, 2020

If you properly prepare and file the request for adjustment without errors and omissions, you will be able to receive the EAD prior to the expiration of the existing EAD. USCIS is issuing the EADs in about 5 months for properly filed adjustment of status requests.

However, if your employer...
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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I was granted asylum five months ago, can I apply for my wife to get asylum although we've been separated for 2 years?

we had J1/J2 visas, we both currently live in the US, she applied for asylum and got denied

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

Wasn't she included on your asylum application?

If not, there's nothing you can do that I know of, to help her, until you become a permanent resident.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Q: Immigration question here! applied almost 2 years ago to sponsor my parents for a green card, had interview in 2018

Parents are from iran. They recieved a green 221g slip and been put in ap for the past alost 2 years. Got an email 2 weeks ago telling them to attend the embassy to submit passport, ds260, and a new medical exam. Also told me in the email that my parents can only visit on a Monday at 2 pm. Was... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 11, 2020

That’s certainly a good sign. All they can do is comply with the instructions and see what happens.

1 Answer | Asked in Domestic Violence and Immigration Law for Pennsylvania on
Q: Can pending i-601 filed by abused spouse impact vawa applicant

I’ve been married to my abused spouse for 2 years during those 2 years I’ve been seeing doctor psychiatrist and I have been under medication since then my abused spouse withdraw I 130 the i601 still pending can I file for vawa

Kevin L Dixler
Kevin L Dixler answered on Dec 15, 2019

Who is abused? You or your spouse? A spouse who is abused has the right to withdraw a petition. If you can prove that ‘you were abused,’ then you may want to discuss whether it is your best interest to file a VAWA self petition with a competent and experienced immigration attorney. Good luck.... Read more »

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Do I need to file a separate I-130 for my stepson if I included him on my wife's I-130? and do I have to pay the $535.

I am a US. Citizen and also a US Soldier and I filed both the I-130 and I-485 concurrently for my wife, she now has her green card. Our 9 year old son just got here to the US and I want to file for him as well. I need to know if its better to submit a separate I-130 and I-485 for him and pay the... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 12, 2019

These questions and a slew of other questions await us. Your stepson must be petitioned, separately. The process and applications have grown more cumbersome in the last year.

As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there...
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3 Answers | Asked in Immigration Law for Pennsylvania on
Q: I live in pennsylvania, my girlfriend lives in brazil! She will be visiting in December, on a tourist visa!

We want to marry! What actions do we need to take? And how much will we have to pay?

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

You can get married--but she can't stay past her tourist visa, a K-1 visa sometimes called a "fiancee visa".

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens

After that you have to get married within 90 days....
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3 Answers | Asked in Immigration Law for Pennsylvania on
Q: I have a friend who is Chinese. She told me that she has a work card and Soc Sec number but no green card.

She wants to return home to visit her family but says she will not be allowed to come back.

What is the reason for that?

Amanda B Cook
Amanda B Cook answered on Oct 21, 2019

Your friend should seek the help of an experienced immigration attorney.

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Which visa should my husband apply for?

My husband is Guatemalan, and we live together in Guatemala. I would like him to come with me to the States to visit, but we have no intention of living permanently in the States. He applied for a tourist visa to come with me on a visit, but he was denied when they saw we were married with a kid. I... Read more »

Vince Sykes
Vince Sykes answered on Oct 20, 2019

Your fact pattern is sketchy? What are you trying to achieve? If you just want to visit (any country for that matter) and you were denied a vistor's/tourist visa--then there's nothing more; other than seeing if you can re-apply in the near future with more concrete proof that you will... Read more »

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Help with getting out of a agreement

Hello, recently I got in touch with a immigration lawyer to help file the K-1 Visa for my fiancée, I signed the agreement of a 200 per month for year of his services and paid the initial fee before representation which was 750 dollars., I haven’t filled the k-1 visa info or sent it back.... Read more »

Daniel Martin Hartzman, Esq.
Daniel Martin Hartzman, Esq. answered on Sep 20, 2019

It could depend on the language of the contract that you entered into with your attorney. I would suggest speaking with the attorney first, to see if you can come to some type of agreement on a refund or partial refund.

3 Answers | Asked in Immigration Law for Pennsylvania on
Q: I need to remove the conditions on my husbands green card, would a lawyer be able to file the paper work for me?
Matthew J Hartnett
Matthew J Hartnett answered on Sep 17, 2019

Yes, immigration attorneys routinely help clients file for removal of conditions. The key is whether you and your spouse are still together. If so, you would be providing uscis with an update.

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1 Answer | Asked in Criminal Law and Immigration Law for Pennsylvania on
Q: H1 b stamping with shoplifting charges

I recently got my H1 b approved and I’m planning to go to my home county for stamping. I’m afraid that my visa might get rejected given that I have a shoplifting charge on me. This incident happened in May 2017 . Total worth of stolen items was $158 . I had to attend the court and I paid the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

Depends on how you were charged. Suggest you get the advice of a certified immigration law specialist.

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