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South Carolina Immigration Law Questions & Answers
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: 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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1 Answer | Asked in Immigration Law and Adoption for South Carolina on
Q: Adoptive father was US armed forces stationed in UK when he married my UK mother in 1984. Am I a USC?

Hello,

My adoptive father was a US armed forces serviceman (honorable discharge in early 90s) stationed in UK when he met and married my UK born mother in 1984. I was 3 years old at that time. I have no relationship with my biological father. I immigrated to the US on an IR2 visa and green... View More

James L. Arrasmith
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answered on Feb 26, 2023

Based on the information you provided, it is possible that you may already be a U.S. citizen. You were born to a U.S. citizen parent who was physically present in the United States for the required period of time prior to your birth, and your father is a U.S. citizen. In addition, you were adopted... View More

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... View 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... View 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
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... View 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
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.... View 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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