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Pennsylvania Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Pennsylvania on
Q: This is regarding US Immigration, am I allowed to go to another State(not petitioners) after getting my Green Card

This is regarding US Immigration, am I allowed to go to another State - California (not petitioners residence, Pennsylvania) after getting my Green Card…How can I get my Green Card posted to my temporary address in new state, what reason to give officer

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Apr 24, 2022

You can go anywhere after you get your green card. You do not need to give any reason about why you need your green card sent to another address. If you are going to be in another state for a long time it makes sense to have your green card sent there. If you are not going to be there long it makes... Read more »

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Are ‘Tax Credits’ and ‘ Economic Impact Payments’ considered a ‘Means-Tested Public Benefits’ by USCIS?

Hello

I’m currently a Conditional Permanent Resident and when filing our joint tax return, my wife and I can claim certain Tax Credits such as ‘Earned Income Tax Credit, and ‘Child Tax Credit’ on our Federal Tax Return, as well as very similar Tax Credit on our state return based on... Read more »

Agnes Jury
Agnes Jury
answered on Mar 21, 2022

The benefits you listed are not "means tested benefits". See USCIS website for an explanation what is and is not:

https://www.uscis.gov/i-864p#:~:text=Federal%20means%2Dtested%20public%20benefits%20include%20food%20stamps%2C%20Medicaid%2C,Health%20Insurance%20Program%20(SCHIP).

Best wishes!

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can a Ukrainian come here as a refugee?

I have a Ukrainian friend who is fleeing for her life and wants to come here. I am wondering what the options are for her and what the best course of action would be as she most likely could qualify as a refugee. She wants to come here immediately for the safety of her life and I am willing to take... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 10, 2022

She can process at any of the UN refugee camps in Poland or other countries that border Ukraine. In order to board a plane to the US, she needs a passport and a visa.

2 Answers | Asked in Family Law and Immigration Law for Pennsylvania on
Q: I am 20 years old and my parents are trying to block my polish passport, can they do that?

I am trying to make a trip and my parents will not let me, I am 20 years old and I issued my passport when I was still underage. Can they block my passport?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 22, 2022

No. After 18 you are legal adult and no one parent has any right to cancel your passport. If they persist call the police, as they have no right to conceal a legal US Passport from its holder for any reason, or go ahead and apply for a new one.

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Is my 17 year old eligible to fill out her fee waiver form and N-600 form by herself or a parent is required to do it?
Kevin L Dixler
Kevin L Dixler
answered on Jan 5, 2022

If she is over 14 years old, she can sign the N-600 form. The instructions for all forms including the fee waiver form are at https://www.uscis.gov/sites/default/files/document/forms/i-912instr.pdf

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: What form does my 17 year old needs to fill out to become a US citizen. Her mom and I recently became citizens (N600)?

I am 51 year-old male with 2 daughters and a spouse. My spouse, I and our older daughter (22) recently became Unites States citizen (N-600). My younger child still holds a green card. She is 17 years old (born in 2004). What form do we need to fill out next for her to become a US citizen.... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Jan 5, 2022

A child may derive U.S. citizenship before her 18th Birthday, where her biological parent naturalizes. If she seems to have derived U.S. citizenship, she is required to file form N-600. If not, then she must file form N-400 after she turns 18 years old. She can try to file for a fee waiver, but... Read more »

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: i have a CRBA application pending for my baby overseas. but i have a disability low vision. read below, please help me.

i have a CRBA application pending for my baby overseas. but i have a disability low vision.

because of which i have never worked nor attended school in US, nor paid any bill or rent my family is doing it for me but the counselor is only asking for 1 of the maintioned above to prove my 5... Read more »

Raymond  Lahoud
Raymond Lahoud
answered on Nov 25, 2021

More information is needed to better answer your question. As to evidence of you being in the country before you turned 14, that could include school records, tax filings by parents, affidavits, medical records and the like.

3 Answers | Asked in Immigration Law for Pennsylvania on
Q: I am a US citizen & my stepdaughter is coming into the US for her master's education.

I am a US citizen & my stepdaughter is coming into the US for her master's education. Can I file for a change of status for her to a green card while she is in the US on a student visa?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 25, 2021

You need to discuss with the adopting agency whether you have legally adopted that child (what is the age of that foreign national?) in order to petition for that immediate family member.

Also, it seems by logic the immediate family member would reside with either a biological or adoptive...
Read more »

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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: I got married to a US citizen in 2016. My oldest daughter was one month away from turning 18 at the time of the marriage

I got married to a US citizen in 2016. My oldest daughter was one month away from turning 18 at the time of the marriage. She is now almost 23 and still unmarried. Can we file for a green card for her based off my marriage while she is in the United States?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 21, 2021

She does not seem to qualify for that LPR under that legal option.

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3 Answers | Asked in Immigration Law for Pennsylvania on
Q: If I over stay my non- imgrant visa is there a way for me to live in the u.s legally and work
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 17, 2021

Impossible to answer as your note lacks essential facts. But even generally, a visa overstay begins to acquire unlawful presence and one that time exceeds one year that visa overstayed foreign national triggers a statutory ten year inadmissibility finding.

Secondly, that alien is not...
Read more »

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: My father in law filled out papers to bring his daughter to the US and is using his son’s ( my husband’s) income to meet

The requirements to sponsor her So my husband filled out an I-864A. Now, me and my husband filled our taxes together so does that mean I also have to fill out a I-864A because my income is also on the income tax return he is providing?

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Sep 7, 2021

You fill out the I-864A only if you intend to be joint sponsor/household member. Your husband will need to provide proof of HIS income stated on the joint tax return. Your share of the income on the return can not be considered for meeting the financial requirement unless you complete an I-864A.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Hello! I do have a question. I am 20 going on 21 I've been here for 10 years plus. My mom became a citizen before

I came to America. She did not put in my citizenship and my green card have been expired

Can I put in my citizenship under my mom at 21?

Or do I have to do it the regular way?

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Aug 30, 2021

Even though your green crd has expired your status as an LPR has not expired.

If your mother became a USC before you turned 18, you have acquired citizenship through her.

1 Answer | Asked in Immigration Law and Sexual Harassment for Pennsylvania on
Q: Ola eu sou brasileira estou precisando urgentemente de um advogado alguem pode me ajudar? sei um pouco de spanhol

Id* 213596061

Caitlin Costello Faye
Caitlin Costello Faye
answered on Aug 16, 2021

Olá, ficaria feliz em ligar para você e ver se podemos ajudar! Deixe-nos saber como podemos entrar em contato com você.

2 Answers | Asked in Domestic Violence, Criminal Law and Immigration Law for Pennsylvania on
Q: I was recently incarcerated, I’m an immigrant the charge was domestic but I didn’t do it.

They charged me with strangulation and assault but I didn’t do it, because i have an accent they say the body cam says I admitted to it( not true). They also said I had former charges that they pinned on me but the charges date back to the 90s when I was still a child in Jamaica. My public... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Aug 2, 2021

You should immediately contact an immigration lawyer from the JUSTIA directory or the American Immigration Lawyers Association directory. Pleading guilty to criminal offenses can have extremely serious results like deportation if you are not a US citizen. Even if you are a citizen a guilty plea can... Read more »

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: USCIS has not acknowledged receipt of I-485. Can the applicant reside in the US beyond her visit departure date?

Hello, we have filed an I-130 and an I-485 for my mother-in-law who is currently in the US on a visitor's visa. UPS confirmed that the documents reached the USCIS office months ago, but we haven't heard anything from them. At what point are those forms considered "pending",... Read more »

Agnes Jury
Agnes Jury
answered on Jul 12, 2021

The Adjustment of Status is considered "pending"/in processing from the time it is received. So your mother-in-law is not accruing unlawful presence from the time the application was received. Best wishes!

1 Answer | Asked in Contracts, Foreclosure, Immigration Law and Real Estate Law for Pennsylvania on
Q: If the recorded information on a deed is completely false do a agreement based on it stand?

If the information on a property deed is false can a agreement be made based from it

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

The agreement refers to the deed. If the deed does not accurately describe things then you may have a claim with the title insurnace company or others. I suggest you review this with an attorney who handles real estate matters.

1 Answer | Asked in Criminal Law and Immigration Law for Pennsylvania on
Q: Can my brother come back to the states from Korea after leaving without finishing his cases in 2015?

My younger brother as an international student was charged with misdemeanor and felony in 2015 in Philadelphia but left for Korea due to his medical conditions without finishing his hearings. Per my search, his cases had active warrany but now they are inactive. I'd like to hire a lawyer who... Read more »

Adan Vega
Adan Vega
answered on Mar 20, 2021

You and your brother will need to engage an experienced criminal law attorney in the jurisdiction where the charges were filed.

Good luck to you.

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Visitor visa overstay by 4 days, after applying for extended stay. Will there be issues in reentry to the US?
Adan Vega
Adan Vega
answered on Mar 2, 2021

Your B-1/B-2 non- immigrant visa has been cancelled by operation of law after you overstayed the authorized period that was granted by CBP at the U. S. port of entry. Hence you may not be allowed entry after your departure from the U.S. unless you obtain the B-1/B-2 visa at the U.S. consulate.

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: My husband has a i-485 adjustment for status interview (marriage based) coming up and had some questions.

As a petitioner, am I required to take a birth certificate with me to his interview? I don’t have my birth certificate and only have my U.S passport which states that I was born in the U.S...... my second question is that my husband submitted a medication examination form back when he was in his... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Feb 26, 2021

If it was a 693 not necessarily. Here's the instructions on the 693:

https://www.uscis.gov/sites/default/files/document/forms/i-693instr.pdf

The exam is valid for 1 year before the I485. So if he files the I485 now, the question is did he get the exam a year ago? If more than a...
Read more »

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Hello good morning . I am a undocumented immigrant that need some advice my wife died and I really need help

Is there any approach into being neutralized as a widower to an American citizen

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 9, 2021

Yes it’s possible, but a lot more facts are needed to determine whether you qualify. Discuss your case with counsel privately to determine your options.

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