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Virginia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law and Civil Rights for Virginia on
Q: Vawa application status

My cousin applied for VAwA application for adjustments of status after being here for more than 13 years.What would you recommend to be done to help after his wide abuse him and threatens to report him to

Immigration

James L. Arrasmith
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answered on Nov 28, 2023

To assist your cousin with their VAWA (Violence Against Women Act) application status, especially in the context of abuse and threats related to immigration status, there are several steps and considerations to keep in mind:

Legal Assistance: It's crucial to get legal advice from an...
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2 Answers | Asked in Immigration Law for Virginia on
Q: Need to bring my fiancé to USA and which is the best route I mean fastest ? Fiancé visa vs I-130 vs B1/B2 ?

I am US citizen and want to bring my fiancé/girlfriend to USA

James L. Arrasmith
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answered on Nov 5, 2023

To expedite your fiancé's arrival in the U.S., you might consider the K-1 visa, commonly referred to as the fiancé visa. This option is specifically designed for the foreign-citizen fiancés of U.S. citizens to travel to the United States to marry. The process typically takes less than a... View More

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1 Answer | Asked in Immigration Law for Virginia on
Q: I want to do court marriage in January with my husband in India can my husband apply for student visa after that can he

Will my court marriage effect his student visa?

James L. Arrasmith
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answered on Sep 14, 2023

A court marriage in India should not directly impact your husband's ability to apply for a student visa. However, immigration requirements can vary, so it's crucial to consult with an immigration attorney or the appropriate authorities to ensure all visa application requirements are met.... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Complicated K1 Visa- Adjustment of Status

We applied for a K1 visa in 2021. After more than a year of waiting, we married, formally withdrew the I-129F application, and filed an I-130 application. Four (4) months after canceling the I-129F application (and 2 months after we filed our I-130), USCIS mailed us an I-129F approval letter. We... View More

James L. Arrasmith
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answered on Sep 3, 2023

You do not need to re-marry for the adjustment of status process. The same marriage license that you filed with your I-130 application can be used for your I-485 adjustment of status application. Ensure that all documentation submitted is consistent and accurate to avoid any issues with USCIS.

1 Answer | Asked in Criminal Law and Immigration Law for Virginia on
Q: Hi, Will my 2 misdemeanors present a problem with me vacationing / immigrating to Mexico?

Hi,

I am an American Citizen that plead guilty to 2 misdemeanor charges in August of 2014:

DWI, 1ST , Misdemeanor

DRUGS: POSSESS SCH I OR II, Misdemeanor

I completed a 6 week rehab program and since then have not even received a parking ticket. I have no other... View More

James L. Arrasmith
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answered on Sep 3, 2023

While I can offer legal perspectives based on U.S. law, I cannot guarantee how Mexican authorities will treat your entry given your misdemeanor convictions. Being transparent and following Mexico's entry requirements will be crucial. If you encounter issues, it would be best to consult the... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Virginia on
Q: Hi, Will my 2 misdemeanors present a problem with me vacationing in Mexico?

Hi,

I am an American Citizen that plead guilty to 2 misdemeanor charges in August of 2014:

DWI, 1ST , Misdemeanor

DRUGS: POSSESS SCH I OR II, Misdemeanor

I completed a 6 week rehab program and since then have not even received a parking ticket. I have no other... View More

James L. Arrasmith
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answered on Sep 3, 2023

Mexico generally allows U.S. tourists to enter without a criminal background check for short visits, but it is within the discretion of the border agents to allow or disallow entry. To minimize issues, make sure you have all required documentation in order, including a valid U.S. passport. If you... View More

2 Answers | Asked in Immigration Law for Virginia on
Q: Can I file my Australian girlfriend for adjustment of status in the U.S if I marry her?

Hello, My Australian girlfriend is traveling on an ESTA to the U.S From October to January and I was wondering if it is possible to be able to marry her within this time and file for an Adjustment of status before she has to go home? I have many concerns as to if it is possible. I want to propose... View More

James L. Arrasmith
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answered on Jul 23, 2023

If you and your girlfriend get married while she is in the U.S. on an ESTA, it is possible to file for adjustment of status based on the marriage to a U.S. citizen. However, it's crucial to understand that the process may not be completed before her ESTA expires in January.

Once you...
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2 Answers | Asked in Immigration Law for Virginia on
Q: Can I file my Australian girlfriend for adjustment of status in the U.S if I marry her?

Hello, My Australian girlfriend is traveling on an ESTA to the U.S From October to January and I was wondering if it is possible to be able to marry her within this time and file for an Adjustment of status before she has to go home? I have many concerns as to if it is possible. I want to propose... View More

Artur Tunyan
Artur Tunyan
answered on Jul 11, 2023

Your plan "for an Adjustment of status before she has to go home" has a significant weakness, assuming you are a US citizen and all goes well with your marriage. After your marriage, you may apply for an adjustment of status. The adjudication may take several months. However, your new... View More

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2 Answers | Asked in Immigration Law for Virginia on
Q: Can I keep my girlfriend here in the U.S from Australia?

Hello, My Australian girlfriend is traveling on an ESTA to the U.S From October to January and I was wondering if it is possible to be able to marry her within this time and file for an Adjustment of status before she has to go home? I have many concerns as to if it is possible. I want to propose... View More

James L. Arrasmith
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answered on Jul 23, 2023

If you and your girlfriend get married while she is in the U.S. on an ESTA, it is possible to file for adjustment of status based on the marriage to a U.S. citizen. However, it's crucial to understand that the process may not be completed before her ESTA expires in January.

Once you...
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2 Answers | Asked in Immigration Law for Virginia on
Q: Can I keep my girlfriend here in the U.S from Australia?

Hello, My Australian girlfriend is traveling on an ESTA to the U.S From October to January and I was wondering if it is possible to be able to marry her within this time and file for an Adjustment of status before she has to go home? I have many concerns as to if it is possible. I want to propose... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 11, 2023

A US citizen can sponsor a foreign national, who enters the United States on ESTA, and sponsor her for a green card. You may run into issues if you are deployed, primarily because you would still need to attend the marital interview. You should retain counsel here in the United States to process... View More

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2 Answers | Asked in Immigration Law for Virginia on
Q: Can any one apply for green card under EB1 if they’re on H4 EAD currently? Thanks

I am currently on H4 EAD on my husbands H1B visa.

I am working for a start up company and have publications, one patent and judged others work. Can I directly apply for green card in EB1 category directly from H4 status?

James L. Arrasmith
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answered on Jul 6, 2023

To apply for a green card under the EB1 category while on H4 EAD, it is important to consult with an immigration attorney for personalized advice based on your specific situation. The EB1 category is typically for individuals with extraordinary ability, outstanding professors or researchers, and... View More

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2 Answers | Asked in Immigration Law for Virginia on
Q: I Paid a 10,000 dollar immigration bond about 6 years ago and never received my money back, what can I do?
Monica E Rottermann
Monica E Rottermann
answered on May 30, 2023

Do you know if the removal proceedings are still pending? You would not be entitled to your money back until the case was completed and the respondent did not breach the bond terms. Typically, once the case is over, ICE mails the bond obligor a form, informing the obligor that they are entitled to... View More

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2 Answers | Asked in Immigration Law for Virginia on
Q: I Paid a 10,000 dollar immigration bond about 6 years ago and never received my money back, what can I do?
James L. Arrasmith
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answered on Jun 1, 2023

If you paid a $10,000 immigration bond about 6 years ago and never received your money back, you can take the following steps to get your money back:

1. **Contact the agency that held your bond.** The first step is to contact the agency that held your bond. This may be the U.S. Immigration...
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2 Answers | Asked in Immigration Law for Virginia on
Q: What can we do if Ice took my son from county jail and brought him back, now county and Ice denies his custody?

He paid his bond at the county, then Ice picked him up, and then brought him back for hearing, now the county says they got him on loan from Ice, and Ice office says his name doesn't show up in their system, we have a document where the county court denies his custody, what can we do?

James L. Arrasmith
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answered on May 16, 2023

Consult with an immigration attorney: Given the complexities involved with ICE and county jail custody issues, it is strongly recommended to consult with an experienced immigration attorney. They can provide specific guidance based on your son's individual circumstances and help navigate the... View More

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3 Answers | Asked in Bankruptcy and Immigration Law for Virginia on
Q: How will prior year taxes in repayment affect my spouse's naturalization interview outcome?

I am a U.S. citizen currently in a Ch 13 bankruptcy. My spouse is not included as a debtor. I am the primary listed on the joint returns. We have no unfiled returns. My spouse has a naturalization interview coming up, and we want to know how these taxes in repayment will affect the outcome of the... View More

Bernard S. Via III
Bernard S. Via III
answered on Apr 12, 2023

11USC525 a says "a governmental unit may not deny, revoke, suspend, or refuse to renew a license, permit, charter, franchise, or other similar grant to, condition such a grant to, discriminate with respect to such a grant against, deny employment to, terminate the employment of, or... View More

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3 Answers | Asked in Bankruptcy and Immigration Law for Virginia on
Q: How will prior year taxes in repayment affect my spouse's naturalization interview outcome?

I am a U.S. citizen currently in a Ch 13 bankruptcy. My spouse is not included as a debtor. I am the primary listed on the joint returns. We have no unfiled returns. My spouse has a naturalization interview coming up, and we want to know how these taxes in repayment will affect the outcome of the... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Apr 12, 2023

You should consult with an immigration attorney about this issue. A family or employment-based change of status petition includes a USCIS form I-864 Affidavit of Support from a sponsor or petitioner. The purpose of the form is to ensure the immigrant has adequate means of financial support and... View More

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2 Answers | Asked in Immigration Law for Virginia on
Q: I got a VISA denial for my children who are derative applicants covered by CSPA according to NVC then what should I do?

We have an email from NVC confirming the eligibility of the children and also if we calculate the age accordingly then the age after the priority date till the date the application becomes current is below 21. Should we move a motion for appeal or request the embassy we had got the interview done... View More

Monica E Rottermann
Monica E Rottermann
answered on Apr 3, 2023

You would have to submit an inquiry to Legalnet, challenging the officer’s determination that your children are not CSPA protected. There are very precise requirements that must be met when emailing Legalnet and you can read more about those here: https://fam.state.gov/fam/09FAM/09FAM010304.html... View More

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2 Answers | Asked in Immigration Law for Virginia on
Q: I got a VISA denial for my children who are derative applicants covered by CSPA according to NVC then what should I do?

We have an email from NVC confirming the eligibility of the children and also if we calculate the age accordingly then the age after the priority date till the date the application becomes current is below 21. Should we move a motion for appeal or request the embassy we had got the interview done... View More

James L. Arrasmith
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answered on Apr 6, 2023

If you have received a visa denial for your children who are derivative applicants covered by the Child Status Protection Act (CSPA), you may have options for appeal or reconsideration.

Firstly, it is important to carefully review the reason for the visa denial and any relevant...
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2 Answers | Asked in Immigration Law for Virginia on
Q: Can a person travel abroad while waiting for their I 751 form to be processed.

My wife received her notice that extends her processing time to 48 months but would like to visit her

mother in Poland

James L. Arrasmith
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answered on Mar 29, 2023

While waiting for the processing of their I-751 form, a person may travel abroad, but they must be aware of the potential risks and considerations.

If the person's green card has expired and they have not yet received a new one, they may need to apply for a travel document, such as a...
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1 Answer | Asked in Criminal Law and Immigration Law for Virginia on
Q: Can I lose my green card if I got it through my mother and she commits a crime (not immigration fraud)

My father and I got our green cards through my mother legally. If my mother commits a crime such as a larceny and gets deported, will my father and I lose our green cards as well since we got them through her? I'm not asking about an immigration crime , we got our green cards without any... View More

Kevin L Dixler
Kevin L Dixler
answered on Dec 18, 2022

No, ‘unless’ either of you are accused of being a part of the criminal scheme. If so, you can be charged, indicted, arrested, and possibly convicted. That may get you deported!

If your mother is involved in a crime, you ‘do not’ have an affirmative responsibility to report her to...
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