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Pennsylvania Immigration Law Questions & Answers
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Couple of days back my H-1B (form I-129) has been revoked by my...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...
Read more »

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 I don't... 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...
Read more »

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...
Read more »

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....
Read more »

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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 return to the... 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.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I married a Brazilian with a working visa in October 2004. We have a son together. He left in April 2005 no

Communication. I want to remarry but can not reach him by any means. I feel he used me to stay here.

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

Contact a family lawyer. If you know where he is it may be possible to serve him by mail. If however you don't know then you have to go through Brazillian procedures for service of process. Suggest you start by contacting a family law attorney.

1 Answer | Asked in Immigration Law and International Law for Pennsylvania on
Q: I am married who lives in US, PA and wife is my 1st cousin she lives outside the US.

I am married who lives in US, PA and wife is my 1st cousin she lives outside the US.

can I file i130 form for her without problems even it is illegal from marrying 1st cousin under Pennsylvania law.

I am already married I only need to bring her to US.

Hector E. Quiroga
Hector E. Quiroga answered on Aug 8, 2019

As long as the marriage is legitimate where it takes place and the state in which you intend to settle in the US recognizes it, too.

4 Answers | Asked in Immigration Law and International Law for Pennsylvania on
Q: If I am married Can I file for i129? If not what is the the fastest way just to bring my wife to US? I am US citizen.

I am a US citizen who is married but wife is in another country.

Sheri A Benchetrit
Sheri A Benchetrit answered on Jul 31, 2019

You can either file a K-3 marriage visa which does use the form I 129 (and also the form I 130) or you can file a stand alone I 130. The first would take minimally 6 months to a year, and once approved would give your wife a marriage visa to come to the US. Once she is here, then you would file... Read more »

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: can you work in united states while waiting for green card approval
Deron Edward Smallcomb
Deron Edward Smallcomb answered on Jun 6, 2019

You can work with work authorization. You should contact an experienced immigration attorney to discuss the process and determine if you are eligible for that benefit.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Is a Self-uniting/Quaker marriage license okay for immigration purposes? Will the marriage certificate be legal?

I’m planning to get a self-uniting marriage license to do my own wedding. Is it oficial to apply for a GC afterwards? I know it’s legal in PA, but not in every state, so I’m confused if ICE would accept a marriage certificate that came from a ser-uniting/Quaker license.

Kelli Y Allen
Kelli Y Allen answered on May 27, 2019

In general, if the marriage is legal in the place where it is performed, USCIS will recognize it as a legal marriage.

Q: If a policy holder is a risk class: non- tobacco and has used tobacco under contract, can this person be prosecuted

Pertaining to medicare supplement insurance.

Peter N. Munsing
Peter N. Munsing answered on Apr 19, 2019

Not prosecuted but if it turns up in the medical records they could drop you or re-rate you. Sorry, the person.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: What is the grace period to leave US after H-1B maxes out (6 year limit) and the I-140 has not yet been approved?

I am in a situation where my H-1B maxes out (6 yrs) in a month and my PERM ETA 9089 is being sent out now. My H-1B can potentially be extended for about 2.5 months based on my absence from the US in the last year (i.e. since the last extension), but my employer is reluctant to do so (owing to... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Mar 20, 2019

8CFR§214.1(l)(2) provides for a 60-day period or until the authorized stay expires, whichever is shorter.

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