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Virginia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Virginia on
Q: can I used same i130 to refile 485 that’s been denied in 2014

I have an approved i130 since 2012 ,but my 485 was denied because the dhs asked for certified disposition for two cases which they got dismissed and the sponsor didn’t meet the standards, and now I have to go for master hearing in front of judge cuz ice put me in removal proceedings, I would like... Read more »

Svetlana Kats
Svetlana Kats answered on Mar 6, 2020

Yes, you can use previously approved I-130 in Court. Just ask judge to schedule your adjustment of status hearing and submit your previously approved I-130 petition together with the documents showing that you are still married to the petitioner and your marriage is bona file. You will also need to... Read more »

3 Answers | Asked in Immigration Law for Virginia on
Q: Can my daughter marry a young man who is here under daca and has been for 15 years?

My daughter has been dating a young man who is a daca participant. He’s from Guatemala. He has no criminal record. He graduated from high school and is now 20 I’m concerned about their future is there a path to citizenship? Would they be safe to marry?

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 27, 2020

Your daughter is free to marry anyone she chooses. The question is, what benefits are available to her fiance once married? This situation should be discussed, in detail, with an experienced immigration attorney.

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1 Answer | Asked in Immigration Law for Virginia on
Q: Does a valid advance parole allow you to enter the U.S. without a valid I-20?

I am an F1 international student who has applied for marriage-based green card. I am set to receive my advance parole soon and I intend to go abroad over the summer. My I-20 expires in May, and the earliest I can get another one from my new school is in July. My f1 expires next year. If I travel... Read more »

Adan Vega
Adan Vega answered on Feb 24, 2020

The advance parole document issued by USCIS will allow you to present yourself at a U.S. port of entry to request entry and admission to the U.S.

CBP will assess at that time if you are admissible to the U.S.

The FORM I-20 may be immaterial if you are not seeking entry as an F-1...
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1 Answer | Asked in Bankruptcy, Immigration Law and Business Law for Virginia on
Q: The JCE in an EB-5 case is terminated during I-526. Will our case be denied? Can I get back my money? What should I do?

The LLC that we have invested fund in our EB-5 case, has terminated. Our case is still waiting on response from USCIS for I-526. The case has been received in 2016 and I don't know when the company is terminated.

Timothy Denison
Timothy Denison answered on Feb 3, 2020

Consult an immigration attorney immediately.

1 Answer | Asked in Immigration Law for Virginia on
Q: I'm currently received SSDI benefit due to mental health problem. Is it okay for my to sponsor a wife from Viet Nam?

I'm on SSDI benefit due to mental health problem and I would like to sponsor a wife from Viet Nam to the United state. My parents can cosign the income for the affidavit of financial to help me sponsor my wife. I do not want to lose my benefit. Is it okay for me to sponsor a wife while receiving my... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jan 26, 2020

Yes but you will need a co sponsor to file an affidavit of support.

1 Answer | Asked in Immigration Law for Virginia on
Q: Confused with I-864 and I-864EZ.

I am sponsoring my spouse as a permanent resident and her interview is in two days. I completed NVC review process few months before with I-864 form but few days before I found that I need to fill I-864EZ form. Is it ok to take both the form I-864 and I-864EZ during interview or carrying just... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 14, 2020

You should be OK with the I-864.

1 Answer | Asked in Immigration Law for Virginia on
Q: I am a legal resident in the USA as a student my daughter is US Citizen as she was born here, due to her urgent medical

due to her medical emergency she was admitted in hospital and we had to apply medicaid . Our question is will she taking medicaid effect our green card process as we never took medicaid only her being US citizen. ? ?

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

No. As long as you truthfully answered questions about your income on her Medicaid application, you should be fine. Public benefits received by US citizen family members is not part of the public charge analysis for the intending immigrant or nonimmigrant. It's only if the foreign national lied... Read more »

1 Answer | Asked in Family Law and Immigration Law for Virginia on
Q: Can I leave US and return to my country of citizenship (India), and have my kids remain there with me?

I, my wife and two kids (8 and 15) are Virginia US legal permanent residents, and we all are citizens of India.

I sponsored US permanent residency to my entire family based on diversity lottery visa 3.5 years ago.

I am not happy at all in the US. I would happily return to my country... Read more »

Kevin L Dixler
Kevin L Dixler answered on Dec 12, 2019

That would be an international kidnapping crime unless you were lawfully granted full custody. It is unlikely that she would be denied joint custody unless she was abusive. In addition, it is likely that it will be in the best interests of the children for them to remain in the U. S.... Read more »

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,...
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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 »

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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 »

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