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South Carolina Immigration Law Questions & Answers
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
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
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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3 Answers | Asked in Immigration Law for South Carolina on
Q: I been Madrid 8 months now nd I don't get it
Deron Edward Smallcomb
Deron Edward Smallcomb answered on May 30, 2019

I'm not sure what you are asking if anything. If you have an immigration related matter, you should contact an experienced immigration attorney.

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2 Answers | Asked in Immigration Law for South Carolina on
Q: I get married last September 2018 i was have issues with my sponsor i found another one i sent them after that I receive

I get married last September 2018 i was have issues with my sponsor i found another one i sent them after that I received appointment for interview it was 14/5 we going they separate us please note this is first interview then my wife the officer told here we will mail u within one week till now i... Read more »

Dayna Lally
Dayna Lally answered on May 29, 2019

You can check the status of your application by entering your case receipt number in the USCIS online case status portal: https://egov.uscis.gov/casestatus/landing.do.

Did you submit your adjustment application (Form I-485) and application for employment authorization (Form I-765) in...
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1 Answer | Asked in Immigration Law for South Carolina on
Q: Is there a way to accelerate the date of an appointment at the US Consulate in Ciudad Juarez, Mexico?

We have been working on my Mexican wife's green card. She got an appointment date of April 30th, but her medical exam showed a spot on her lung, and they required tests for TB, which took 10 weeks, taking us past the original interview date. The tests were negative, but now the earliest date... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on May 24, 2019

At this stage of the game, you have to accept what is available.

1 Answer | Asked in Immigration Law for South Carolina on
Q: Advised K1 visa has a 50/50 chance. age diff. 59-19 Advised using visa waiver & marry after day 61req change of status

spur of the moment marriage... request change visa status was best way. Opinion? 1.5 year relationship, 3 visits, many trips, pictures, interaction with friends here. concerts, tours, mining for gems in mountains, beach trips, cruise to bahamas..... would age difference really ruin a solid... Read more »

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Mar 8, 2019

Large age differences increase the difficulty of any marriage based petition. The options you are considering should be discussed with an experienced immigration attorney.

1 Answer | Asked in Immigration Law for South Carolina on
Q: What would happen to the American born child of an undocumented Mexican woman if she were to be deported.

The baby's father is Puerto Rican and has abandoned them. He refuses to help obtain a passport for the child, so the mother and child can return to Mexico together.

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2019

It sounds like they must return together, as the best option, if she were to be deported.

For now, suggest you find an immigration lawyer and arrange a consultation to find out what other rights the mother has. If, for example, the US father abused her, then she may be able to apply for...
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1 Answer | Asked in Divorce, Family Law and Immigration Law for South Carolina on
Q: If I divorce my wife and she then leaves the country to live in Kenya, how can I get my divorce finalized?

Hi, I am divorcing my wife after being married 30 days. She is from Kenya and entered the US on a K-1 visa. If she leaves the US, she will not be able to re-enter. My question is, which type of divorce (fault or non-fault) would be best in this scenario, where she will not be able to appear at a... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 4, 2019

It's a question for a family lawyer. I believe a family lawyer can advise you how you can resolve this issue. PLEASE don't try to handle this by yourself , or your fears may be justified.

1 Answer | Asked in Immigration Law for South Carolina on
Q: on the I-134. Do I put my 11 year son as my dependent? He lives with his mom and he's her taxes as a dependent. ?

I do take care of my son also but his mom and I was never married and there are no court documents on child support agreements.

Allen C. Ladd
Allen C. Ladd answered on Jan 4, 2019

If you provide support to him, and it looks like you do, then you should list him on the I-134.

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