Lawyers, Answer Questions  & Get Points Log In
Virginia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Virginia on
Q: I am an immigrant that was abused physically and sexually by my husband

He took a video of him feeding my drugs and having his way with me and I can’t remember such happening and he threatened to send it to my family , now he deleted the link but I have someone I showed the video to since I can’t open the link can their statement suffice

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

You need to speak with someone experienced with VAWA applications. Often there are charitable organizations nearby that will help you with this for no charge. Here's a link to a list in Virginia:

https://www.immigrationadvocates.org/nonprofit/legaldirectory/search?state=VA

1 Answer | Asked in Immigration Law for Virginia on
Q: is it illegal for an immigrant to marry their sibling to get their visa easier?

my step parent married their sibling because it made it quicker for them to both get a visa then they divorced after entering the US. Now they are married to US Citizens and have expired visas. is that illegal? and if so how?

Kevin L Dixler
Kevin L Dixler answered on Dec 2, 2019

The issue is whether someone who marries did so because they were in love. The facts presented suggest that this was a marriage solely for a non immigrant visa, not for immigration purposes. This can be considered visa fraud, perhaps, a Federal crime, but more information is needed.

Yet,...
Read more »

1 Answer | Asked in Criminal Law, Employment Law and Immigration Law for Virginia on
Q: an illegal immigrant who works at a store is accused of theft where paid under table. Should store owner report crime?

An illegal immigrant who works at a store is accused of theft where paid under the table. Who has more to lose if the store owner wants to report the crime because he/she employed the employee without documentation. The store owner might have video surveillance that shows the crime but can't prove... Read more »

Bryan J. Jones
Bryan J. Jones answered on Nov 15, 2019

I would say that the immigrant is more likely to be deported than the store owner get in trouble, especially if the amount stolen is $500 or more because that would be a felony.

2 Answers | Asked in Immigration Law for Virginia on
Q: If there is a co-sponsor when filing for Visa CR-1, am I required to provide proof of income and residence within the US

I currently reside outside the US with my foreign spouse. We plan to return to the US, but I no longer have a job or residence there, however, we do have someone willing to co-sponsor. If the co-sponsor can show for these things, do I need to as well?

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 11, 2019

In order to file for your spouse, you must provide a US residence where you intend to reside. In terms of having job or finances you will have to document your current income and your adjusted gross income for the past 3 years. This is true even if you do not meet the poverty guidelines and even... Read more »

View More Answers

1 Answer | Asked in Immigration Law for Virginia on
Q: The question in regards to a family base visa for my mother in law. How to properly fill i864 and attorneys accuracy?

I have a general inquire in regards of filing documents for my mother-in-law. My wife is a US citizen and we have completed the I-130 and have the supporting documents, including the translation. We are trying to send the I-864 affidavit for support at the same time, however, we are finding it... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Aug 28, 2019

This case is very complicated and should be handled by counsel. Dont try to do it yourself. If you pursue a strategy that doesnt work out, then you will have wasted thousands of dollars on USCIS/Consulate filing fees and many months if not years of delay. Discuss with counsel.

1 Answer | Asked in Immigration Law for Virginia on
Q: Can I marry to GF who is here in US on Visitor visa?

I am a US citizen, and my GF is an Indian citizen and in Canada on a student visa. She got a US visitor and visited the US for a week in April 2019. Now we are planning to get married in Oct-2019, she will come here in the US for a week and get married and then she will go back to Canada.... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Aug 13, 2019

This is a very sensitive issue in the eyes of the Immigration officers who will explore the questions surrounding your marriage interview. You should discuss your case privately with counsel for a full review of the facts of the situation.

1 Answer | Asked in Immigration Law for Virginia on
Q: Can I marry an American citizen while my asylum case is pending?

Well, I am applying for assylum during my time here in US I made a relationship with American citizen for more than one year we wanna get married and he wanna help me with the immigration documents but he in the past made a student loan and is still pending and recently he had a car accident were... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Aug 11, 2019

Counsel anywhere in the USA can represent you for your marriage petition. More facts would be needed to see if any grounds of inadmissibility apply. Your fiancé legal problems with his car accident would most likely not affect the process, but there may be exceptions to this that apply. A free... Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: I can the the USA on a VWP I overstayed by about a month now. What are my chances I have a final deportation order ?

I came to the us in March on a VWP and my 90 days ended in June. My US citizen husband and I got married in May , we originally planned on AOS but some private issues made it so that we weren't able to file yet, we are considering moving to My home country ( Germany) but haven't found a clear... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 10, 2019

Those who are put in immigration court are usually arrested, or notified after they file an application and the application is denied. A person must be issued a written notice to appear before the immigration court. Usually, there must be proof of service, but a person who is documented should... Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: This is regards to H4 to F1 conversion (Stamping in India). Rejected 1st time what are chances of approval 2nd time?

My wife went to India for H4 to F1 stamping and the visa got rejected with 214(B) clause and the description says it as the potential immigrant.

Interview questions were asked about OPT and why changing from H4 to F1.

What are the chances of approval for the second time?... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jul 3, 2019

You wife needs to show that she has significant connections to India that would preclude her wanting to stay in the US—family, assets, school or work, etc.

1 Answer | Asked in Immigration Law for Virginia on
Q: The NVC can't locate my mother's approved petition(i-130) that USCIS sent them more than 6 months ago. What to do?

Several times I contacted USCIS and NVC. USCIS says that they sent it and I need to contact NVC while NVC says I need to contact USCIS. Also, I wrote to Senator and Congressman, they both contacted them and got the same results. It has been over 6 months now since USCIS sent my mother's approved... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jun 12, 2019

Someone is not trying hard enough. We recommend that you contact an immigration attorney for assistance.

1 Answer | Asked in Immigration Law for Virginia on
Q: cost/time of getting my Dominican Republic girlfriend here I Virginia?

the love is mutual and we no longer want to be apart. She has two sister's already in the states if that has an advantage for our situation

Denise Anderson
Denise Anderson answered on Jun 11, 2019

There are different Immigration rules that would be applicable to your girlfriend coming to the United States. Absent knowing more information regarding you and your girlfriend I can't provide any specific guidance. Information such as: are you a U.S Citizen or a green card holder, what is your... Read more »

2 Answers | Asked in Immigration Law for Virginia on
Q: Will living in a government subsidized housing affect my change of status from non-immigrant to immigrant in the future?

I came to the US from Nigeria in August 2017 to do my PhD with F1 visa. The program is for four years. My family (Wife, 3 yrs old daughter and 1 yr old son) joined me in August 2018 with F2 visas. Our only income is the stipend I receive working as a graduate assistant in my department. More than... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on May 14, 2019

While in the past use of subsidized or section 8 housing has not necessarily been considered in making a public charge determination, the Department of Homeland Security recently published proposed rules to expand the types of assistance that would be considered in a public charge determination.... Read more »

View More Answers

1 Answer | Asked in Immigration Law for Virginia on
Q: How to fill the schedule in N 400, part 9 question 3 about days outside the US?

I received my GC about 7 years ago, but left the US in December 22, 2013 until October 2, 2014. That is about 9 months. I intend to file N 400 in may, it will be 4 years and 7 months, so my absence from the US during the last 5 years will be less than 6 months (5 months or few days less).... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on May 13, 2019

USCIS looks at the travel outside of the US 5 years backwards from the date that you file. Since it is now May, 2019, they would go only back to May 2014. The number of days that you were out of the US from May of 2014 through May of 2019 is what will count against you. (May through October,... Read more »

4 Answers | Asked in Immigration Law for Virginia on
Q: When do I actually file to remove Condition from my green card?

I have been married for a year in May 2019. I got my 2 year green card in February 2019 which is valid till February 2021. Do i remove conditions on my green card within 90 days of my second marriage anniversary or is it 90 days of the GC expiration date?

Kevin L Dixler
Kevin L Dixler answered on May 13, 2019

File within the 90 day period before the 2 year card expires. Otherwise, there can be complications if the petition is not received, not filed or otherwise rejected. Be forewarned that the form instructions are incomplete. That is why it’s wise to seek legal advice. Good luck.

The above...
Read more »

View More Answers

1 Answer | Asked in Immigration Law for Virginia on
Q: How to avoid H1B Speciality Occupation RFE?

I am on H1B currently working as Software Engineering Manager. I have Bachelor Degree in Electronics. I am thinking to pursue Master in Computer Science to avoid future RFE for Speciality Occupation.is this wise decision to do masters only to avoid RFE in Speciality Occupation because my bachelor... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 9, 2019

If you do not plan to follow through with the any type of immigration case, it is better to withdraw it then wait for an RFE and a potential denial.

2 Answers | Asked in Criminal Law and Immigration Law for Virginia on
Q: My wife, the applicant of form I-485 AOS just got issued a warrant for a hit and run. Our interview is next week...

What should she say during the interview regarding her charge? It’s her first ever offense of any kind and the whole situation was blown out of proportion.

Gary Kollin
Gary Kollin answered on Mar 31, 2019

Don5 be cheap now. This can destroy everything you have been working for. Hire an attorney

View More Answers

1 Answer | Asked in Immigration Law for Virginia on
Q: U.S. Citizen & I’ll be petitioning for my wife, do I need to fill out a separate form for each of her children 17&19yrs
Kelli Y Allen
Kelli Y Allen answered on Mar 29, 2019

Yes, separate petitions would be required. Check with an immigration attorney to verify eligibility, especially for the older child.

3 Answers | Asked in Immigration Law for Virginia on
Q: Can my mom who has a 10 years tourist visa enters the US multiple times within 5 months?

My mom was here on October 3rd 2018 and left January 7th 2019. She is planning to come on may and leave On July and then returns back in 2 weeks to stay another two months. Will she have any problem returning to the US after two weeks from her leaving?

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 7, 2019

If her trips are short, it should not be a problem to reenter. However, as a general rule, 6 months in one year is as much as is usually granted. That said, the immigration officer at the port of entry is the only one that can make that determination. You should consult an experienced immigration... Read more »

View More Answers

2 Answers | Asked in Immigration Law for Virginia on
Q: Should I contact USCIS and notify that I am no longer staying in the US?

I have filed form Form I-539 to extend my tourist visa. I have received my confirmation notice and my case has been pending. I went back to my country. The case is still pending. Should I contact USCIS and let them know that I am no longer staying in the US? I am planning on going back to US this... Read more »

Kelli Y Allen
Kelli Y Allen answered on Jan 24, 2019

Yes, you should notify USCIS that you have left the U.S. and wish to withdraw you application for extension.

View More Answers

1 Answer | Asked in Immigration Law for Virginia on
Q: I need help

I lived illegally in USA 7 years ago. Never got a problem. I came back to my country and now I got offer a work permit for Canada as a truck driver to go from Canada to USA and VS. Would the fact that I lived in USA in the past be a problem to enter with a work permit for working purposes only?

Kelli Y Allen
Kelli Y Allen answered on Jan 22, 2019

Yes, that is definitely a problem. You will not be able to enter the U.S. legally without a waiver for the unlawful presence. You should seek the assistance of an experienced immigration attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.