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South Carolina Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for South Carolina on
Q: I have withholding removal status if my mom she is permanent resident if she apply I-130 for me can I adjust my status

I have entered without inspection and my withholding removal was granted , my mother she is US permanent resident, if she apply I-130 and once's it’s approved can I adjust my status in US? Do I need wavier if wavier grant’s then could i adjust status in US

Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

To be able to apply for adjustment of status with your lawful permanent resident mother as your petitioner you would need to qualify under INA 245(i), as you entered the United States without inspection and have, therefore, not maintained a lawful status the whole time you have been present in the... Read more »

2 Answers | Asked in Criminal Law and Immigration Law for South Carolina on
Q: Will I have trouble in the airport?

Me and my friend made a terrible mistake trying to steal from Walmart. They called the police and the police wanted to schedule the court for May 19. We had flight tickets (we are international students) to go home in the next week so they somehow could hold the “court” right there at the... Read more »

Stephen Grooms
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Stephen Grooms
answered on May 3, 2022

It sounds like you may have been issued a citation for shoplifting or petty larceny and plead guilty or no contest. If this is the case then that is a criminal misdemeanor charge, but it can also be classified as a crime of dishonesty. Both could impact your immigration status.

If you were...
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1 Answer | Asked in Immigration Law and International Law for South Carolina on
Q: Can I register a car in SC with my German Passport (no Visa ESTA) and my German/ international license? I own property i

Can I register a car in SC with my German Passport (no Visa ESTA) and my German/ international license? I own property in SC and can provide proof of address (Deed, Utility bill…) Have a SSN

Kyndra L Mulder
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Kyndra L Mulder
answered on Sep 27, 2021

There are many foreign nationals that own vehicles in the United States. I suggest you contact the Department of Motor Vehicles for their required documents.

1 Answer | Asked in Child Custody, Domestic Violence, Family Law and Immigration Law for South Carolina on
Q: I’m an undocumented grandparent seeking custody of my two grandchildren who are now in DSS foster care after abuse by…

…after abuse by their parents. What kin rights do my husband and I have and what is the process for gaining custody?

Agnes Jury
Agnes Jury
answered on Jun 2, 2021

This is a family law question, not immigration. Your immigration status may of some importance in the custody matter but that is something the family law attorney needs to address. Best wishes!

2 Answers | Asked in Divorce, Immigration Law, Child Custody and Child Support for South Carolina on
Q: I lived under common law for 17 years, separated 10 months ago, both undocumented, have a child. Can file for divorce?

What are the risks ? Can I ask for child support and alimony? There’s a new girlfriend in the picture who he’s planning to marry in the future since she’s a citizen. We have a business and properties together. If I can’t file for divorce what options do I have? Thank you!

Hector E. Quiroga
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Hector E. Quiroga
answered on Apr 12, 2021

The fact that you are undocumented should have no bearing on your ability to get divorced. The fact that your marriage is common law might have some bearing on your ability to get a divorce, but that is a question for an attorney with family law experience in your state.

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1 Answer | Asked in Divorce and Immigration Law for South Carolina on
Q: I am seeking a divorce from a non-citizen. He was deported over 4 years ago. Which type of divorce should I file for

Married less than 1 year when deportation occurred.

Ina Shtukar
Ina Shtukar
answered on Mar 25, 2021

While you were married for a short period of time, I do not believe that annulment is an option. File for an absolute divorce. I do not think this will be an issue in light of the circumstances. You do need to speak to a SC family law attorney, since serving your former spose could be an issue. Was... Read more »

1 Answer | Asked in Immigration Law and Tax Law for South Carolina on
Q: What recourse do I have if my employer tries to force me to participate in the President's Fed tax deferment program ?

I prefer to continue paying my fed income tax as usual but I've heard that I may not be given a choice, that my employer may just stop paying our fed taxes without the employees request or consent.

Kyndra L Mulder
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Kyndra L Mulder
answered on Sep 19, 2020

This is a question for a tax attorney.

2 Answers | Asked in Immigration Law for South Carolina on
Q: Application of naturalization, form N-400. What if I don't have the information?

I'm applying for naturalization and have filled out form N-400 except for a few questions. My spouse was married 20 years ago and the form is asking for the birth date of the ex-spouse and a few other questions that are difficult or impossible to answer. We have no way of finding this person.... Read more »

Allen C. Ladd
Allen C. Ladd
answered on May 9, 2020

It's best to answer "unknown" ... and to avoid leaving items blank, if they require an answer.

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1 Answer | Asked in Immigration Law for South Carolina on
Q: Immigration form N-400, part 10, section 9, previous marriage. How to answer if don't know information?

I'm applying for citizenship through marriage. My wife was married 20+ years ago and she can't recall and I can't find some of the information asked about her ex-spouse in part 10 of N-400. Should I enter "unknown" or something else as an answer? I assume leaving it blank... Read more »

Robert Roy Klein
Robert Roy Klein
answered on May 8, 2020

Answer it to the best of her ability to remember. In the interview, tell the officer as much. Bring any docs that you have related to it, if any.

3 Answers | Asked in Immigration Law for South Carolina on
Q: Our concurrent I 130 and AOS application got rejected twice. Is it safe to re-apply but just the Petition or I130 first?

I petitioned my wife and she also filed her AOS together with the I -130, she was in J1 visa. Unfortunately, it was rejected twice and because she wasn't able to send the form I-944. She is now out of status, but her visa is NOT subject to a 2 year home residency rule. Now if we will try... Read more »

Mario Musil
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Mario Musil
answered on May 2, 2020

Although you can technically file the I 130 first, the I 485 and related documents have to be filed in order to obtain legal status for her. Filing separately will just be a waste of time and the I 130 itself will not protect her stay here. I recommend you speak to a qualified attorney about the... Read more »

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1 Answer | Asked in Immigration Law for South Carolina on
Q: Can I get a fiancee visa even if I am already here in US?

I am a J1 here in US and got denied with my extension, already overstayed. I am currently living with my boyfriend and we are still not ready to get married. Is it possible if I can get a fiancee visa instead while here in US?

Allen C. Ladd
Allen C. Ladd
answered on Apr 30, 2020

Sorry, no. Question about your J-1, are you subject to the 2-year home-country return requirement? (Also known as being subject to section 212(e) of the Immigration and Nationality Act.) Be sure to check that.

When and if the two of you decide to marry, you will be able to go forward --...
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2 Answers | Asked in Immigration Law for South Carolina on
Q: I filed an extension for my J1 visa but I got denied. Will it affect my application for AOS and petition in the future?

I'm in J1 visa and I applied for an extension yet I got denied. My visa expired already when they sent me the response. I still haven't got married to my boyfriend. If he will petition me in the future and I will file my AOS, will this be a problem because I already overstayed?

I... Read more »

Svetlana Kats
Svetlana Kats
answered on Apr 30, 2020

Sine you are out of status now, the best option for you is to marry your boyfriend ( I assume he is a US citizen?).

After the marriage he can file marriage based petition for you along with the AOS application from you.

Having pending I-130/I-485 would allow you to remain legally in...
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1 Answer | Asked in Immigration Law for South Carolina on
Q: I am a US citizen and filed a petition for my mother in March of last year, it was accepted.

I submitted all the documentation and payed all required fees, she had her interview in Bogota in February of this year and they kept her passport but requested other documentation, right at the time when I had gathered the other documents the consulate closed. Is the new executive order going to... Read more »

Adan Vega
Adan Vega
answered on Apr 23, 2020

The U.S. consulate that is processing your mother's case for an immigrant visa will remain closed for the next 60 days or more for issuance of immigrant visas except for certain cases that are exempt from that executive order. Unfortunately, parents of U.S. citizens are not listed as exempt... Read more »

1 Answer | Asked in Immigration Law for South Carolina on
Q: Do we need to declare Unemployment Benefits in I944? What category it belongs to in the form , Page 8- Question 16?

Do we need to declare Unemployment Benefits in filling out I-944? If Yes, is it a General assistance or Any Federal, State, tribal cash assistance for income maintenance ? The question is in I944 page 8 question #16.

Thank you for anyone who can help me.

Robert Roy Klein
Robert Roy Klein
answered on Apr 20, 2020

Unemployment is not considered under the public charge rule, so do not list it under the public benefits section of the 944.

Question 6, on page 4, is where you'll add any extra income. I would recommend adding it since it won't go against you. Also, at least in CA, it's...
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2 Answers | Asked in Immigration Law for South Carolina on
Q: Is Unemployment Insurance Benefit Due to laid off Covid 19 a public charge? I am in J1 visa applying for a citizenship

I'm in J1 visa and my 30 days grace period will be done in April 25.Got married to a US citizen and filed I130 and I485 concurrently, got rejected twice. Improper filling and I wasn't able to attach i994. On March 15 I got laid off in Marriott where I am having my internship (Which my... Read more »

Robert Roy Klein
Robert Roy Klein
answered on Apr 19, 2020

Unemployment is not considered under the public charge rule.

You should get a lawyer to help with your AOS since it got more complicated with form i-944.

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1 Answer | Asked in Immigration Law for South Carolina on
Q: I spent 18 years in South Carolina prison and my green card expired. How can I get my status back. Can I married citizen

Can I married to citizen to get my documents so I can not be deported after spending 18 years in South Carolina prison for hurting a child while my green card got expired

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

You will need to speak with an experienced immigration lawyer. You have a very difficult situation because of your criminal history. Good luck.

1 Answer | Asked in Immigration Law for South Carolina on
Q: Hi, I was wondering if my husband needed to file form 1-589 if I've already filed I-130 last year (2018)?

We've received a receipt almost a year ago stating that my application was received is being process, but there's been no update since then. I've requested an inquiry just now. I'm just worried since he has another court date in Feb 20 and we haven't heard anything yet.... Read more »

Amanda B Cook
Amanda B Cook
answered on Dec 4, 2019

Please defer to the advice of the attorney who is representing him in immigration court. if he doesn't have one, i strongly suggest you hire an experienced deportation defense lawyer.

2 Answers | Asked in Immigration Law for South Carolina on
Q: What’s the best way about getting married to my long-term Filipino girlfriend

She’s been to the United States many times she’s had her visa for a while she just got it renewed a little while ago and recently was here in South Carolina with me… Is there a certain way to say that’s she’s coming here to get married to customs or whoever does the visa to where it... Read more »

Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Aug 30, 2019

There are actually multiple ways to get or keep her here permanently, and none take two years. It would be best to discuss the three main options over a phone call. We offer a free consultation for such matters and have handled thousands of similar cases out of the Philippines alone. Please call... Read more »

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1 Answer | Asked in Immigration Law for South Carolina on
Q: Failed sled operation and renewing green card

I failed a sled operation by selling alcohol to a minor in 2015 I was not put in jail I was only fined and attended an alcohol awareness course .I am supposed to renew my green card next year. two months ago I did receive the paperwork that my record has been expunged will I be okay when renewing... Read more »

Allen C. Ladd
Allen C. Ladd
answered on Aug 28, 2019

I'm going to assume you were convicted because you say you paid a fine -- that is, a punishment which means there had to be a guilty plea or judge's finding of guilt, that is a conviction.

Either way, with a conviction for selling alcohol to a minor -- what is termed a "crime...
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1 Answer | Asked in Immigration Law for South Carolina on
Q: Hello I have questions about citizenship

I am planning to apply with my son who is 9 years old.

1 - Do I have to file two different applications ( one for him and one for myself)? with different fees?

2 - How much do I have to pay for both of us?

Allen C. Ladd
Allen C. Ladd
answered on Aug 28, 2019

Assuming you and he are both US permanent residents, then my answer is:

* You apply for naturalization (citizenship). Filing fee is $725.

* When you are approved, then your child will automatically become a US citizen.

* He will then apply for a Certificate of...
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