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South Dakota Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for South Dakota on
Q: Help! I forgot to fill out a part on the I-130 petition for my husband

I filled out the application completely and re-read multiples times before mailing the package last week. But I just looked at the pdf application for form I-130 and I might have forgotten to fill out a part. It's part 4, Item 46a; "He or She arrived as a (class of admission): ... We are... View More

Deron Edward Smallcomb
Deron Edward Smallcomb
answered on Mar 21, 2019

Did you also fill out an I-130a? Errors on these applications can lead to delay or denial. That is why it is best to consult with an experienced immigration attorney prior to filing.

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for South Dakota on
Q: travel abroad LPR, misdemeanor for simple possession of 2 oz or less marijuana, 1yr max sentence, inadmissible?

Hello, I am LPR, I am currently a student, I have a misdemeanor for simple possession of 2 oz or less marijuana(Jan 2016), max sentence is 1 year in SD. I received suspended imposition of sentence with no probation. This is my first offense, there is no offense ever since as well. I want to visit... View More

Hector E. Quiroga
Hector E. Quiroga
answered on Mar 12, 2018

Yes. The maximum amount you can possess is 30 grams, and 2oz is closer to 50 grams. If you leave you will likely have trouble returning to the US.

1 Answer | Asked in Immigration Law for South Dakota on
Q: Hello, Can I file for green card together with my wife who is now working under TPS status? Thanks

So, my immigration status is F1-opt and working with an opt-EAD. My wife who came to US on F2 visa now is working under TPS-EAD. I also have TPS but not the EAD. Now, I applying for green card under EB2-NIW. My question is can I apply the green card filing together?

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 3, 2016

You can not apply for a green card for your wife when you do not have one, you did mention you are applying under EB2 but there is no guarantee that your petition might be approved. You can only apply after yours gets approved.

All the best.

-Shan Potts

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