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Pennsylvania Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I am on H1B, my children are born citizens. Can they continue to go to school if I were to change my status to B2?

Changing status from H1B to B2 due to job loss or personal reason, need additional time to dispose things in the states.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Aug 30, 2020

Supreme Court case law affords children an education up through and including high school, notwithstanding their immigration status. Of course, a child in B-2 visitor status who attends school would be violating the terms of his/her visitor status, but the school would not (should not) prevent the... Read more »

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: How can i change the status of my now married sister for I-130.

I filed for my sister when we was unmarried. But now she is married and has a child. How can i change the status of her application and add her spouse and child? I only received a receipt number.

Adan Vega
Adan Vega answered on Aug 12, 2020

You and your sister can announce the additional derivative family members when the case is approved by the USCIS and is forwarded to the National Visa Center.

Good luck to you.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can I continue my graduate studies while changing status from F-2 to H-4 given that my F-2 is now expired.

My husband recently changed hi status to H1-B, effective from 6/1/2020. That is the same date that my F-2 expired on.

For Now, I only have the receipt notice from USCIS.

Also, can I travel to my home country to get my visa from there if the US embassy reopened while I filed for the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 3, 2020

H4 visa holders can study in the US, and yes, assuming you can travel you should be able to return to your home country to apply for a visa abroad.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Don't want to overstay my visa, but my country is closed because of Coronavirus. What can I do?

I am in Philadelphia on a student visa. I completed my Optional Practical Training, and my work permit expired July 9, but I have a two month grace period to leave the country. However Venezuela is not admitting international flights due to the pandemic. I don't want to overstay my visa and... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Jul 28, 2020

You should meet with an attorney to discuss all of your options. One option may be to file to change status to from F-1 to B-2. But before you make that decision, consider consulting with an attorney.

1 Answer | Asked in Family Law and Immigration Law for Pennsylvania on
Q: What would I need in order to get married if my partner is not a U.S citizen in PA?

He does not have a ssn, or a green card.

Kyndra Mulder
Kyndra Mulder answered on Jul 10, 2020

Check with your local clek of court regarding identification required to marry.

3 Answers | Asked in Immigration Law for Pennsylvania on
Q: she some1 apply for citizenship if married in 2000 was denied twice. 2009 got greencard through citizen daughter.

Should my mom apply for her citizenship.

After she was denied her greencard in 2000 but later received it through her child.

Kevin L Dixler
Kevin L Dixler answered on Jul 8, 2020

More information is needed, but this seems complicated, and perhaps, the USCIS made a mistake in granting lawful permanent resident status. In addition, the USCIS can get confused if steps were not taken to clarify how she qualified when approved.

As a result, I strongly recommend an...
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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...
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... 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...
Read more »

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