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South Carolina Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for South Carolina on
Q: Should we hire a lawyer for Form I-751 or file on our own?

My husband, who is from the UK, is currently on a conditional green card visa. It is time for us to file Form I-751 to remove his conditional status. Our situation remains unchanged since his initial green card application, and we have sufficient evidence of our bona fide marriage. We are within... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 26, 2025

A percentage of applicants will file the 751 form themselves, but a large percentage of applicants will hire an attorney to represent them through the process. There are many details and documents that need to be compiled to make sure that the application is correct. Accordingly, by hiring an... View More

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3 Answers | Asked in Immigration Law for South Carolina on
Q: I am currently a J1 visa holder, subjected to the two year rule. Could you provide some information on how I can alter?

I am on a teaching program at the moment. However, after the years here I have grown accustomed to working with the school system.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 3, 2025

Generally, a J1 waiver is needed in order to change immigration status or be sponsored by your employer for a working visa without having to go through the 2 year home residency requirement. Work with an immigration attorney

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2 Answers | Asked in Immigration Law for South Carolina on
Q: I am an H1B visa holder. I want to marry a woman from other country (not my country of origin) and adopt her child.

Thw woman and her child are not currently living in USA. What steps shpuld i take to marry her in USA and adpot her child without violating immigration laws?

Kevin L Dixler
Kevin L Dixler
answered on Nov 28, 2024

This may not be an immigration question. Your H-1b visa is a temporary work visa. You are allowed to marry anyone you want. However, when you’re done with your H1B, you must leave the United States. This means that you ought to make plans for your spouse to move to your home country with you!... View More

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2 Answers | Asked in Immigration Law and Probate for South Carolina on
Q: Where can an undocumented couple get a marriage license?
Stephen Arnold Black
Stephen Arnold Black
answered on Jun 28, 2024

Different states have different rules on who qualifies for a marriage license. As regards to foreign nationals, some states require an unexpired passport while others will accept an expired one. This distinction can even be seen in different counties in the same state. Nevada for example is very... View More

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1 Answer | Asked in Immigration Law for South Carolina on
Q: Possibility of obtaining F1 visa after tourist visa rejection and pending petition.

I am a lawful permanent resident (LPR) and have filed a petition for my son, which is currently pending. However, he will age out and fall into the F2B category, which will take many years for visa availability. He was previously rejected for a tourist visa with a 214(b) refusal when he attempted... View More

James L. Arrasmith
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answered on Apr 6, 2025

Your son still has a real chance of getting an F1 student visa, even with the previous tourist visa refusal and pending petition. The key will be showing strong ties to his home country and a clear, temporary intent to study in the U.S. The F1 visa is nonimmigrant, so the officer must be convinced... View More

1 Answer | Asked in Immigration Law for South Carolina on
Q: As a Canadian tourist in the U.S., do I need to register with an I-94 form for my visit?

I am a Canadian tourist visiting the U.S. primarily by car since 2012, leaving on April 26. Except for 2020 when I flew and filed an I-94 form, I've never had any issues entering from Canada by land. Do I need to register with an I-94 form for my current visit?

James L. Arrasmith
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answered on Mar 24, 2025

1. From source 3-1: "A Form I-94 is needed by all visitors except: U.S. citizens, returning resident aliens, aliens with immigrant visas, and most Canadian citizens visiting or in transit."

2. From source 7-1: "Everyone entering the U.S. needs an I-94 form except: ... Most...
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1 Answer | Asked in Immigration Law, Divorce and Family Law for South Carolina on
Q: Can my husband be deported despite having green card and citizenship through me?

I want to know if my husband can be deported. He has a green card and citizenship through me. We both worked in a store he owns, but recently he kicked me out and is now being nasty. We are currently living separately, and he is not coming to talk or discuss matters for separation. What are my... View More

James L. Arrasmith
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answered on Mar 23, 2025

No, your husband cannot be deported if he has obtained U.S. citizenship. Once someone becomes a U.S. citizen, they have permanent protection from deportation regardless of any marital issues. However, I notice some confusion in your description - a person typically has either a green card OR... View More

1 Answer | Asked in Immigration Law, Agricultural Law and Business Law for South Carolina on
Q: Need contact advice for obtaining recommendation or verification letter for SIV program.

I urgently need to contact my former farmer supervisor in South Carolina, who worked at Fluor Company, to obtain a recommendation or verification letter for my SIV program application. My life is in danger in Afghanistan, and I have been unable to reach him through Facebook and LinkedIn. I also... View More

James L. Arrasmith
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answered on Mar 12, 2025

Your situation is serious, and reaching your former supervisor quickly is crucial. Since attempts via Facebook and LinkedIn haven't worked, you should first consider reaching out directly to Fluor Company’s HR department. Explain your urgent circumstances, provide details about your former... View More

1 Answer | Asked in Traffic Tickets and Immigration Law for South Carolina on
Q: Can I drive with a SC beginner's permit and Costa Rican license?

I have a beginner's permit in South Carolina and a driver's license from Costa Rica. I also have permanent residency in the U.S. and a requirement to wear corrective lenses while driving. Can I drive with both my beginner's permit and my foreign driver's license?

James L. Arrasmith
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answered on Mar 1, 2025

Your situation involves multiple driving credentials and legal considerations that need careful attention.

With a South Carolina beginner's permit, you must follow specific restrictions including being accompanied by a licensed driver who is at least 21 years old in the front passenger...
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1 Answer | Asked in Immigration Law for South Carolina on
Q: I work in a restaurant and would like to know if ICE can come behind the counter.
James L. Arrasmith
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answered on Feb 3, 2025

Immigration enforcement officers need a valid judicial warrant or the owner's consent to enter private, non-public areas of any business, including restaurant kitchens and back-of-house spaces. Without these, they must remain in public areas accessible to customers.

Your workplace...
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1 Answer | Asked in Family Law, Immigration Law and Public Benefits for South Carolina on
Q: Must a legal immigrant count the income of the family he is staying with to qualify for free legal services?

A friend and her young children are staying with me. She has no assets or income but her husband and kids receive Medicaid, food stamps and other government benefits. Must she count my income when applying for free or low cost legal services? If so, can I count her kids as members of our household... View More

James L. Arrasmith
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answered on Jan 8, 2025

Generally, when applying for free legal services, you only need to report your own household's income and assets. Since your friend and her children are temporarily staying with you but are not financially dependent on you or related to you, your income should not be counted as part of her... View More

1 Answer | Asked in Immigration Law for South Carolina on
Q: How does USCIS national benefits center withdraw I-130 and I-864?

I received an answer to my inquiry online and uscis said they are sending my inquiry to withdraw my I-130 to the national benefits center processing my case. Is this a good sign? Will my withdrawal be processed faster? Will they check the pictures uploaded to the unsolicited evidence I uploaded on... View More

James L. Arrasmith
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answered on Dec 9, 2024

It’s encouraging that USCIS is processing your withdrawal request at the National Benefits Center. This indicates that your request is moving forward. While it’s hard to predict the exact timeline, handling it through the center might streamline the process.

Regarding the evidence you...
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1 Answer | Asked in Immigration Law for South Carolina on
Q: If Uscis customer support service says that your case which is “IOE” is being processed at the NBC, is that correct?

I need to be sure I have sent my withdrawal to the correct processing center to withdraw my I-130 and I-864. I’m wondering if my withdrawing my I-130, automatically destroys the I-864? (I-130 and I-485 have not been approved yet, but the biometrics exam date has been set. A notice is likely on... View More

James L. Arrasmith
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answered on Dec 9, 2024

If USCIS customer support has informed you that your case marked as “IOE” is being processed at the National Benefits Center (NBC), this information is likely accurate. The IOE system is commonly used by USCIS to handle cases electronically, and many applications go through the NBC before... View More

1 Answer | Asked in Immigration Law for South Carolina on
Q: Can an immigration lawyer withdraw my I-130 and I-864 that was submitted with other forms like I-485 and I-765?

I have tried withdrawing my I-130 and I-864 on my own. I’m not sure if I did it correctly or not. I need to urgently withdraw both my I-130 and I-864 within a month.

James L. Arrasmith
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answered on Dec 7, 2024

Yes, an immigration lawyer can help withdraw your I-130 (Petition for Alien Relative) and I-864 (Affidavit of Support) forms, even if they were submitted alongside other immigration documents like the I-485 and I-765.

To withdraw these forms properly, you'll need to send a written...
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1 Answer | Asked in Contracts, Employment Law and Immigration Law for South Carolina on
Q: Can I sue my company?

I recently got a promotion for my company’s first overseas contract. Being the first, my company did not know all that was required to have me start work in the new place. So they sent me overseas with no mission visa and had me working for 3 months before allowing me to then go back to the U.S.... View More

James L. Arrasmith
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answered on Oct 13, 2024

I'm sorry you're experiencing this situation. It's important to reach out to a qualified attorney who can provide you with the appropriate guidance.

1 Answer | Asked in Family Law, Immigration Law and International Law for South Carolina on
Q: How do I go about suing my parents for lying deceiving and holding me hostage. Can i sue even if outside to country?

At the age of 8 my purported parents & I immigrated to the U.S. Under the guise of vacation, they brought me back to my home country three months shy my eighteenth birthday. It was all just a ruse to take charge of my life. Once arrived they told me they took me at birth falsified my document... View More

James L. Arrasmith
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answered on Sep 29, 2024

You have the right to seek justice for what you’ve endured, even if you are outside the country. You may be able to sue for fraud, deception, and emotional abuse, among other claims. It’s essential to document everything, including the false documents, the coercion, and the conditions they... View More

1 Answer | Asked in Immigration Law for South Carolina on
Q: Can I sell something for profit on an f2 visa

I’ve wondered if I can sell stuff on my current visa

James L. Arrasmith
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answered on Jul 30, 2024

On an F-2 visa, you are not permitted to engage in any form of employment, including selling items for profit. This visa is specifically for dependents of F-1 visa holders and does not allow for any work, either for an employer or through self-employment.

If you wish to earn money or start...
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1 Answer | Asked in Immigration Law for South Carolina on
Q: How to resubmit a rejected AOS case?

Our AOS case (I-130, I-485, etc) got rejected by the USCIS, because we made a mistake with the amount of one of the fees, therefor the check was not the right amount. USCIS explained on the rejection letter that we can file again after fixing the problem. However, the USCIS clearly already worked... View More

James L. Arrasmith
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answered on Jul 18, 2024

When resubmitting your AOS case, it's important to correct the fee amount and include a new cashier's check for the correct amount. You should reorder the documents and forms, ensuring everything is in the proper order and neatly assembled.

For the forms with USCIS stamps and...
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1 Answer | Asked in Immigration Law for South Carolina on
Q: My kids entered US via K2 last 2018. I have not applied AOS yet but wanting to do now. Will this affect their approval?
T. Augustus Claus
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answered on Aug 14, 2023

If your children entered the US on a K-2 visa in 2018 and you're now considering applying for Adjustment of Status (AOS) for them, it's important to proceed thoughtfully. While applying for AOS shouldn't inherently impact their approval, factors like timeliness, eligibility, changes... View More

2 Answers | Asked in Immigration Law for South Carolina on
Q: Can I sue immigration? I have kids in Ukraine where is war now and I can not bring them to me in USA

I have filed I-130 and its in in status of getting interview now, and I filed U4U program and this I-134A case got confirmed in April 2023. Till now I still can not move forward any of this cases and bring kids to me from Ukraine. Its a brutal war in Ukraine and beside my... View More

Kevin L Dixler
Kevin L Dixler
answered on Jul 13, 2023

A writ of mandamus can be dismissed. The Unite for Ukraine process is totally discretionary and there are too few examiners to process the applications, but visas that are subject to unreasonably low Congressionally mandated levels are political matters.

Complain to your Congressional...
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