Ask a Question

Get free answers to your Immigration Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Virginia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Virginia on
Q: I submit Form N-336 with evidence.It has been 2 months for the hearing but no decision letter yet, what do you advise ?

Do I have to wait for new decision or is it better to apply again for citizenship without waiting the result.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

Based on the information provided, it seems you have filed Form N-336, which is a Request for a Hearing on a Decision in Naturalization Proceedings. After submitting the form with evidence, you are currently waiting for a decision letter regarding your case. Here's my advice:

1....
View More

1 Answer | Asked in Employment Law and Immigration Law for Virginia on
Q: Should I leave country while I apply for change of status from H1B to F2 ?

Hi .Good Afternoon. My H1B is approved recently and my grace period is started on 1st of March 2024 . Based on the 60 days rule my grace period ends on April 30 ,2024 .I am still finding job and project to keep my H1b status active . I was on “F2 visa” status before so in case if I have to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024

In this situation, you may not need to leave the country to change your status from H1B to F2. You can file for a change of status (COS) within the U.S. before your 60-day grace period ends on April 30, 2024. Here are some important points to consider:

1. File Form I-539: To change your...
View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Can I bring my wife while my I-485 pending?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2024

If you are a U.S. permanent resident applicant with a pending I-485 (Application to Register Permanent Residence or Adjust Status), your spouse may be eligible to join you in the United States. However, the process and timeline depend on various factors:

1. If your spouse was included as a...
View More

1 Answer | Asked in Immigration Law for Virginia on
Q: As a asylee granted by EOIR, have I EVER been in removal, exclusion, rescission, or deportation proceedings?

I am seeking clarification on a specific aspect of Form I-485, Part 8, Item Number 18, which reads as “Are you presently or have you EVER been in removal, exclusion, rescission, or deportation proceedings.” Following a referral by USCIS, I had an asylum case before the EOIR immigration court,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024

Yes, if you were granted asylum by an immigration judge with the Executive Office for Immigration Review (EOIR), then you were previously in removal proceedings.

The immigration court system within EOIR oversees removal proceedings - these are administrative proceedings to determine...
View More

3 Answers | Asked in Employment Law and Immigration Law for Virginia on
Q: Is H-1B visa only about STEM people? Can't a person in communications/ PR get it?

I'm an administrator in a university and in my last period of OPT of my F-1 visa. My employer would like to sponsor me but apparently there is some federal law that stops them from that since my job could be done by a U.S citizen. Is that true and is there a way to still build a solid case... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024

The H-1B visa is not limited to STEM fields; it can be granted to professionals in various sectors, including communications and public relations, provided the job requires specialized knowledge typically obtained through a bachelor's degree or higher in a specific field. The key is that the... View More

View More Answers

1 Answer | Asked in Immigration Law for Virginia on
Q: I’m on OPT and I have a full time job relating to my major. But I also want to work a remote job in the UK, can I?

I lived in the UK before doing a masters and OPT in the US and I want to work for my old job there remotely whilst being in the US as I need some more income. I intend on declaring any foreign income on my US taxes. Does my OPT allow it? I can’t find any restriction in the language

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

Under the regulations governing Optional Practical Training (OPT) in the United States, the primary requirement is that your employment must be directly related to your major area of study. OPT typically allows you to work for a U.S. employer in a job that's directly related to your academic... View More

2 Answers | Asked in Education Law and Immigration Law for Virginia on
Q: My F1 visa has expired, but my I20 is still valid. If F1 expires, can I still transfer to another school?

I am a international student in US, I plan to transfer to another school next year.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2023

Yes, you can still transfer to another school even if your F-1 visa has expired, as long as you maintain your F-1 status by remaining enrolled and following all other F-1 regulations.

The key things to note:

- An F-1 visa is required to enter the U.S., but once you are already in...
View More

View More Answers

1 Answer | Asked in Immigration Law for Virginia on
Q: Applying for F1 visa.

My Nephew is here on a visitor visa (almost 30 days now). He would like to start his masters in usa. We know the steps of this process. We would like to know if any legal agency deals with such a process or can take care of submitting documents to USCIS once we have I-20. As we wanna make sure... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

For your nephew's F1 visa application process, it is indeed possible to engage a legal agency or an attorney to assist with submitting documents to USCIS. Many law firms and legal professionals offer services related to immigration and visa applications. They can ensure that all necessary... View More

2 Answers | Asked in Immigration Law, Civil Rights, Divorce and Family Law 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

2 Answers | Asked in Immigration Law, Civil Rights, Divorce and Family Law 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

Glendia  Del Evans
PREMIUM
Glendia Del Evans
answered on Dec 12, 2023

Once your cousin's marriage was in good faith, any threats of "reporting" or hurting a non-citizens immigration status is taken very serious by Domestic Relations Courts in Virginia and serious consequences for the U.S. spouse. There are laws that specifically address this issue. It... View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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.