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Washington Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Washington on
Q: Hi! I am in US with a B2 visa together with mu husband. I have applied to attend a College and have been approved.

I have added my husband as dependent and the College will issue I-20 for both of us. I know I have to apply for change of status from B2 to F1 visa. Does my husband has too apply for change of status too if he will be a dependent? If yes, for what king of visa? Thank you

Kyndra L Mulder
Kyndra L Mulder answered on Sep 2, 2021

You are the F1 and your husband will need to apply for the F2 unless he plans to comply with his visitor visa.

1 Answer | Asked in Immigration Law for Washington on
Q: 90 day rule and how does it apply to H2A visa workers if they left for a week due to an emergency. Does it restart?

My fiancé came with a H2A visa in February 2021 and is through late November 2021. We met in April and got engaged in late July. Our planned wedding is this September, however, he is planning to visit his son who is in Mexico from 8/21/21 through 8/28/21 due to medical reasons. Does the 90 day... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Aug 17, 2021

The 90 day rule addresses the intent of a person when s/he enters the USA on a non immigrant visa. Your fiance will be leaving the USA and requesting he be admitted as a non immigrant when he has the intent to immigrate.

2 Answers | Asked in Immigration Law for Washington on
Q: I have a 5 year multiple-entry B2 visa. Can I travel to Mexico and get 6 months more on return to US.

I am an Australian citizen with a 5 year multiple-entry B1/B2 visa. I arrived in the US in early April, 2021 and the passport was stamped at the airport. The officer wrote a date on the stamp for early October.

If I travel to Mexico for a weeks holiday in September and return to the US,... Read more »

Agnes Jury
Agnes Jury answered on Aug 6, 2021

There is no way to predict how long you will be granted to stay upon re-admission and no guarantee that you would be allowed to re-enter in the first place. You have to convince the border patrol officer that you are entering the US for tourist purposes, have the financial means to do so, and... Read more »

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2 Answers | Asked in Immigration Law for Washington on
Q: If I am detained in county jail for 10-20 days, will I be deported?

I have a few small things on my record, and I was just charged with 2nd-degree assault. Although I was younger than 18 for everything on my record, I was tried as an adult for this charge and I am now facing jail time for 10-20 days.

Kevin L Dixler
Kevin L Dixler answered on Jun 17, 2021

The answer depends upon the 'few small things.' Immigration law mandates removal for multiple crimes involving moral turpitude. If you were tried as an adult, then that may have been a mistake made long ago. It is unclear whether the criminal conviction orders can be re-opened, which is... Read more »

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1 Answer | Asked in Immigration Law for Washington on
Q: I came to us over 30 yrs ago a native of scotland

I had my child her in us, also was self employed in past. Do I need to apply for citizenship or what do I need to do

Tim Akpinar
Tim Akpinar answered on Apr 29, 2021

Sorry your question remains open. You could reach out to immigration attorneys - some firms offer very brief initial consults for free. You could use the tab above (Find-a-Lawyer) to locate immigration attorneys on this site, or you could search on our own. Another option could be to repost your... Read more »

1 Answer | Asked in Immigration Law for Washington on
Q: I am filing my n-400 and I have a question, I have my 4 year tax transcript, the first year in 2016 I didn’t work?

In 2016 I am filing my n-400 and I have a question, I have my 4 year tax transcript, the first year in 2016 I didn’t work?I did not work and I was a student, my question is that for my n-400 ,I have my 4 year tax return, for 2016 I didn’t have income , so I don’t file a tax return, do I file... Read more »

Agnes Jury
Agnes Jury answered on Apr 14, 2021

When you don't file a tax return because you are not required to file a tax return per IRS rules, you would answer YES to not having filed a tax return and simply explain why you were not required to file for that year. Best wishes!

https://www.creditkarma.com/tax/i/who-files-taxes...
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1 Answer | Asked in Immigration Law for Washington on
Q: My Boyfriend has been going to court for 9 years to see what he can do about his visa. His lawyer hasnt done nothing

I feel he has got riped off .

Adan Vega
Adan Vega answered on Feb 25, 2021

The immigration court system is bogged down with more than 1.2 million cases and some cases have been pending for 9 years and more.

You can always ask the attorney to provide you with an update and a copy of the file.

You can also visit an experienced immigration attorney and...
Read more »

1 Answer | Asked in DUI / DWI and Immigration Law for Washington on
Q: Can I apply for citizenship even though I have a DUI on my background?

I have my green card residency for more than 20 years and I want to apply for my citizenship but I don't know if I can because I have a DUI on my background. What can I do and what is the process like?

Hector E. Quiroga
Hector E. Quiroga answered on Feb 8, 2021

It seems unlikely that a single DUI would negatively impact your application for citizenship. Applicants for citizenship must show 5 years of good moral character, so if the DUI was in the last five years you might want to wait until more than five years have passed. You will also want to make sure... Read more »

1 Answer | Asked in Immigration Law for Washington on
Q: How long it will take to get non-usa partner legalize in the country ?

I am a US citizen and I met a Brazilian citizen who came to the country with a visa (B1/B2). I fell for him and I don’t want him to leave country instead I want to marry him.

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Dec 25, 2020

Yes you can marry him as long as it’s 90-120 days after entry otherwise uscis can allege immigration fraud. Before Covid-19 it could take four to six months for approval now it takes about six to nine months. He cannot leave the us during the process until he is issued a travel document. Feel... Read more »

1 Answer | Asked in Immigration Law for Washington on
Q: I am a US citizen and I met a Brazilian citizen who came to the country with a visa (B1/B2). I fell for him

And I want to marry him .Is it possible ? any implications . How long should we wait before marry him and apply for permanent residency .

Thanks

Stephen Arnold Black
Stephen Arnold Black answered on Dec 23, 2020

Yes if you are a US citizen, and you marry somebody that entered the United States with permission, which it appears to be the case, then you can sponsor him for his green card and he can adjust status here and does not have to return home to obtain that. Now there’s a 90 day rule, which... Read more »

2 Answers | Asked in Immigration Law for Washington on
Q: I am single parent of us citizen kid of 9 yrs. I am in US on B1/B2 visa. I am looking one step adjustment for myself.
Kevin L Dixler
Kevin L Dixler answered on Nov 24, 2020

I regret that your son cannot petition you as an immediate relative until he is 21 years old. Also, the decision whether to petition you is within his control. He may be disqualified when he reaches 21 years of age depending upon the situation.

You do not qualify to adjust status based...
Read more »

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1 Answer | Asked in Immigration Law for Washington on
Q: My GC expired in 2016. I am filing I-90 by mail. Do I mail the $85 biometrics fee along with the $455 filing fee?
Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Oct 10, 2020

Good morning. Yes. Typically all fees are mailed together with your original submission. Let me know if you need any help going forward. Good luck.

1 Answer | Asked in Immigration Law for Washington on
Q: Sponsor my minor son (canadian), I am us, citizen. What is the process

My son from my first wife is living with his mom in Canada, he is 10 years old . I want to sponsor him so he can get his GC and US Citizenship. His mom is ok to sponsor him so he has documented. My Son is Canadian and I am the US and Canadain Citizen.

Would he get any advantage to get... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Sep 17, 2020

The following requirements must be met for your son to become an automatic USC through you.

A. General Requirements: Genetic, Legitimated, or Adopted Child Automatically Acquiring Citizenship after Birth [1]

A child born outside of the United States automatically becomes a U.S....
Read more »

1 Answer | Asked in Immigration Law, Appeals / Appellate Law, Civil Rights and International Law for Washington on
Q: What would I do if I believe this page is endangering my father's life

I believe this article to be neglegant endangerment. Who can I reach out to.

Tim Akpinar
Tim Akpinar answered on Sep 16, 2020

A Washington attorney could answer best, but your question remains open for three weeks. You could reach out to the publisher and ask them to take the page down while expressing your concerns. If that doesn't work, you could reach out to an attorney for a consult to explore options. You could... Read more »

2 Answers | Asked in Immigration Law for Washington on
Q: Can I get married with a US citizen while having a B-2 visa?
Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Aug 15, 2020

Hey. I am a marriage greencard attorney.Yes you can get married to a U. S citizen. B2 Visa is generally for toursim and not a dual purpose visa. However, many visitors find love while on vacation and get married. They are then able to become permanent residents if they prove that the marriage is... Read more »

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1 Answer | Asked in Immigration Law for Washington on
Q: Can I bring my fiancee to USA.He is Syrian with travel documents from Denmark. We would ike to marry here
Stephen Arnold Black
Stephen Arnold Black answered on Aug 12, 2020

Are you a US citizen? If so, you should explore the fiancé visa pathway. If the two of you have physically met within the last two years you can sponsor him for his k visa. Once the visa is issued he can travel here, get married and then adjust status to get his green card. Counsel anywhere in... Read more »

1 Answer | Asked in Immigration Law for Washington on
Q: My sis has a Mexican passport and a visa to visit the U.S. Can she book a flight to visit? I’m in WA state.
Stephen Arnold Black
Stephen Arnold Black answered on Jul 24, 2020

Yes if the US consulate has issued her a visa. There may be quarantine requirements so check your states current quarantine policy that’s in effect. The airlines should have this information.

1 Answer | Asked in Immigration Law for Washington on
Q: I am a green card holder. Will green card ban affect my husband who plans to leave US?

I am a green card holder and my husband was physically in US with F1 OPT on April 22. If he leaves US now, will he be affected by Trump’s proclamation if I apply for marriage-based green card for him (which will go through consular process)?

Kyndra L Mulder
Kyndra L Mulder answered on Jul 10, 2020

There are a number of issues in your factual scenario that you should discuss with an experienced immigration attorney BEFORE he leaves the country.

2 Answers | Asked in Tax Law and Immigration Law for Washington on
Q: If we go back and amend our 2019 tax return by adding my newly acquired SSN, would that qualify our family for a check?

I am a recent immigrant to the US from the UK. I have a wife and two children here who are both American.

I've just found out that my family wont get a stimulus check because we filed 2019 joint tax return last month using my ITIN number (I was a non-resident at the time but still... Read more »

Adan Vega
Adan Vega answered on Apr 21, 2020

You should consult with a CPA or a licensed tax accountant to assist you in amending your tax return. Hopefully, the amendment can put you in position for a stimulus check.

Good luck to you.

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1 Answer | Asked in Immigration Law for Washington on
Q: HELP!!I accidentally e-signed the beneficiary's name instead of the petitioner's on Form I-130 while filing online?

my sister is sponsoring my mom and I through two I-130. After she prepared the forms online , they were passed to me for payment. I noted that the e-signature page were not signed, and I accidentally put my mom and my name on it and proceeded to pay. However, the application only states that my... Read more »

Adan Vega
Adan Vega answered on Apr 17, 2020

You can wait for the USCIS receipts to be issued and then forward an amended version with the correct signatures of the FORM I-130 that was electronically filed.

Good luck to you.

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