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Washington Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Washington on
Q: Hi, my spouse and I have our I-485 marriage based interview coming up tomorrow after applying for adjustment of status l

We do not have original copies of the forms we submitted to USCIS, however, should we refill those forms out to bring? They would not exactly match the ones we submitted though and the date wouldn't be right.

James L. Arrasmith
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answered on Mar 19, 2023

It's important to bring all necessary documents to your I-485 marriage based interview to demonstrate your eligibility for adjustment of status. This includes any forms you submitted to USCIS as part of your application.

If you don't have the original copies of the forms,...
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2 Answers | Asked in Immigration Law for Washington on
Q: Hi, my spouse and I have our I-485 marriage based interview coming up tomorrow after applying for adjustment of status l

We do not have original copies of the forms we submitted to USCIS, however, should we refill those forms out to bring? They would not exactly match the ones we submitted though and the date wouldn't be right.

Lilia  Alcaraz
Lilia Alcaraz
answered on Mar 15, 2023

It’s great to hear you're preparing for your adjustment of status interview. While it's always best to have all of your original documents with you, don't worry if you don't have them all. Just take what you have available with you to the interview. The USCIS officer... Read more »

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2 Answers | Asked in Immigration Law for Washington on
Q: Can I get a remote job outside the US while being on a student visa in the US?

Is a remote job within the scope of positions and international student (F1) can take while being in the US?

James L. Arrasmith
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answered on Mar 11, 2023

According to the regulations of the United States Citizenship and Immigration Services (USCIS), international students on an F1 visa are generally allowed to work on-campus for up to 20 hours per week while school is in session, and full-time during breaks and holidays. However, off-campus work... Read more »

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1 Answer | Asked in Immigration Law for Washington on
Q: Will a green carded son be denied citizenship if his US-citizen mother paid his Ukraine-based child support obligation?

Overbearing mother insisted on paying her son's child support obligation after he got his green card immigration. Low income at first, but she refused to give her son money so he could pay directly. My stepson is very involved with his child, but technically has made no child support payments... Read more »

James L. Arrasmith
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answered on Feb 26, 2023

To become a U.S. citizen, the applicant must meet certain requirements, including showing that they have been a person of good moral character during the statutory period (typically five years before applying for naturalization). Paying child support is a factor that can be considered in the good... Read more »

1 Answer | Asked in Immigration Law for Washington on
Q: Can we withdraw from being somebody's sponsors when i-134 was already approved and the family is in US already? U4U

We sponsored a family from Ukraine and let them stay with us for several months. They moved out a few months ago. Now they are accusing us of throwing away some of their important paperwork which supposedly came to our house by mail about a month's ago. We haven't been in contact with a... Read more »

James L. Arrasmith
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answered on Feb 25, 2023

If you signed an Affidavit of Support (Form I-134) to sponsor a family member from Ukraine, you are legally responsible for providing financial support to that person if they are unable to support themselves. However, if you no longer wish to continue sponsoring the family member and providing... Read more »

2 Answers | Asked in Immigration Law and Juvenile Law for Washington on
Q: Am I able to travel outside the US with a sealed record from when I was under 18?

I have a sealed record from when I was under 18 and I am planning to travel to India for 2-3 months. This was originally a felony but got reduced to a misdemeanor and later sealed.

Also, Would I have to check the boxes that state criminal records? Because it is a sealed record?

James L. Arrasmith
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answered on Feb 26, 2023

The rules regarding disclosure of criminal records can vary depending on the specific situation and the country being visited. In general, if you are traveling to another country, you may be required to disclose any criminal history, even if the record is sealed or expunged. It is important to... Read more »

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2 Answers | Asked in Immigration Law and Juvenile Law for Washington on
Q: Am I able to travel outside the US with a sealed record from when I was under 18?

I have a sealed record from when I was under 18 and I am planning to travel to India for 2-3 months. This was originally a felony but got reduced to a misdemeanor and later sealed.

Also, Would I have to check the boxes that state criminal records? Because it is a sealed record?

Min Hwan Ahn
Min Hwan Ahn
answered on Jan 27, 2023

In general, if your criminal record has been sealed, it means that it is not accessible to the public, and it should not be considered when applying for most jobs, housing, or other opportunities. However, when it comes to international travel, the rules can be more complicated. It is possible that... Read more »

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2 Answers | Asked in Immigration Law for Washington on
Q: Does filing a motion to terminate removal proceedings grant me a green-card or do I have to file EOIR-42B?

I have an approved VAWA which I filed concurrently with I-485. I’m not sure whether to file a motion to terminate removal proceedings or file EORI-43B? Which of these will grant me a GreenCard? Thank you.

Kevin L Dixler
Kevin L Dixler
answered on Jan 20, 2023

Some are disqualified from VAWA adjustment of status, so they can only seek VAWA cancellation. Again, filing a motion to terminate can mess things up and might even be denied.

As a result, I also strongly recommend that you seek representation before matters get more complicated.

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2 Answers | Asked in Immigration Law for Washington on
Q: Does filing a motion to terminate removal proceedings grant me a green-card or do I have to file EOIR-42B?

I have an approved VAWA which I filed concurrently with I-485. I’m not sure whether to file a motion to terminate removal proceedings or file EORI-43B? Which of these will grant me a GreenCard? Thank you.

Samuil Buschkin
Samuil Buschkin
answered on Jan 20, 2023

It is impossible to know based on the information you provided, what the right steps would be in your case. If a VAWA petition has been approved, you should be able to adjust the status and terminate the 42b proceeding by way of motion but without having fully studied your case it's impossible... Read more »

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1 Answer | Asked in Immigration Law for Washington on
Q: I am an Immigrant crossed US border through Mexico. I need to apply for ITIN. What documents do I need ?

I am an Immigrant from Moldova eastern Europe,crossed US border in July through Mexico. Was released under bond having court on August . now I want to apply for ITIN form what documents do I need and what means certified copy of passport,where can I get it?

Thank you

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jan 17, 2023

Hi, you may want to do this with a Certified Public Accountant. You do not need a "certified copy" of your passport, just a regular legible copy. There are other documents you may provide to prove your identity as indicated by the IRS in their website... Read more »

1 Answer | Asked in DUI / DWI and Immigration Law for Washington on
Q: Recently I had court for a dui and they moved forward my court date because im a resident the one representing me

Doesn't know much about immigration so she told me to find someone and see what the consequences are

Kevin L Dixler
Kevin L Dixler
answered on Nov 20, 2022

If you are a green card holder, not just someone with an employment authorization card, then you will likely need to delay filing for naturalization.

You ought to hire a competent and experienced immigration attorney to determine when you should file for naturalization. Also, whether there...
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1 Answer | Asked in Family Law, Immigration Law, Child Custody and Child Support for Washington on
Q: Wife keeping son in Philippines against my will, didn't let him return with me, can I stop her from taking son again?

When my wife (with a US green card) eventually returns with my son (Who is a US citizen) to America, can I prevent her from taking him back to the Philippines and keeping him there against my will again?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

In some cases a custodial parent has a primary decision making ability with respect to the minor's whereabouts.

For instance, if the second parent lost or never obtained an ability for shared parental responsibilities then one may not prevent a legally custodial parent from traveling...
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2 Answers | Asked in Immigration Law for Washington on
Q: How do I prove when I left the country in 2000?

I submitted my i485 adjustment of status application. They responded to me with an RFE asking for proof of when I left the US in the year 2000.

I no longer have the passport that I used when exiting the country. I have put in two CBP FOIA requests as well as a USCIS FOIA request. All of... Read more »

Namita Agarwal
Namita Agarwal
answered on May 5, 2022

The FOIA is good but that doesn’t provide the information, you will need to provide a notarized statement explaining the situation. May be worthwhile to have an attorney review and assist with this response. Good luck!

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1 Answer | Asked in Immigration Law for Washington on
Q: Will a person with H1-B visa (cap-subject; approved I-140) need to ever go through lottery while changing employers?

Background: An individual with an H1-B cap-subject visa and an approved I-140, currently employed by a for-profit employer (say Google)

Step 1: Moving from a for-profit employer (Google) to a non-profit employer (say Harvard).

Step 2: Moving back from the non-profit employer... Read more »

Carl Shusterman
Carl Shusterman
answered on Aug 2, 2022

The issue is whether you previously were selected in the H-1B lottery. If so, you do not need to go through the H-1B lottery again. However, if you did not go through the H-1B lottery because your previous H-1B employers was cap-exempt, you will have to go through the lottery if you wish to work... Read more »

1 Answer | Asked in Immigration Law for Washington on
Q: Can I apply for my green card while my husband is applying for his citizenship?

Mg husband is applying for his citizenship through military, can he sponsor me to get my green card at the same time or do we have to wait until he gets his citizenship first?

Kevin L Dixler
Kevin L Dixler
answered on Feb 25, 2022

There is another form of relief that you may pursue if your husband is active, not merely a reservist. I suggest that you consider that option while you wait for him to become a U.S. citizen. There is the possibility that there are other options, but I recommend that you seek a consultation with... Read more »

1 Answer | Asked in Immigration Law for Washington on
Q: How can I restart my asylum clock while I’m in process of removal proceeding.

My asylum application has referred to an immigration judge due to failure to appear interview. However, my previous attorney didn’t notify me about this interview and he changed the address as his address. Thus, I didn’t receive any notifications from USCIS, which caused my case has been... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Feb 16, 2022

There are a number of applicants whose attorneys never received notice for the asylum hearing. This is not necessarily the attorney’s fault.

The law requires that USCIS send notice. The USCIS claims that it is not responsible if notice is ever received. A lawsuit may have to be filed to...
Read more »

1 Answer | Asked in Employment Law and Immigration Law for Washington on
Q: How can I stay in the US? I recently had my i485 denied but I don't know why yet.

I am married to a US citizen and have been for over 3yrs, I have been in the US since Aug 2018. I have been working and providing for my family since October 2020 which means my wife and stepdaughter now rely on my presence and income in our family. I haven't received my rejection notice yet... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Feb 5, 2022

Hello,

You really need to see what the rejection notice says. You then need to gather all the evidence of your marriage and make an appointment to see a an immigration lawyer. There could be a very specific reason for the rejection that you say is coming or it could be something general....
Read more »

1 Answer | Asked in Immigration Law and Federal Crimes for Washington on
Q: Seek for help that OPT/OPT extension under security check by USCIS (processed more than 8 months)

On Dec 23rd, 2020, my friends and I traveled to Alaska for fun, but the driver accidentally drove into the military base. As the passengers, we cannot control our ability, but all were arrested and issued Penalty Violations of Security & Orders. We're dismissed without prejudice at the... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Dec 29, 2021

This is unfortunate, but a mistake was made by your irresponsible friend. Now, the USCIS seems unwilling to devote time to reasonably adjudicate the EAD OPT applications. I suspect that no action will be taken any time soon. You really ought to hire experienced counsel, not dabble with a pro se... Read more »

3 Answers | Asked in Immigration Law for Washington on
Q: Can asylum case transfer to work visa(H-1B visa)?

I have an asylum case in the immigration court( my hearing date is in 2023), I'm wondering if I get hired from a company, can I transfer my case to an H-1B visa?

Samuil Buschkin
Samuil Buschkin
answered on Dec 27, 2021

The answer to that depends on how you entered the US before you sought asylum.

If you came in without a proper visa, that is entered the US without inspection, you will not be able to do that.

At the same time, if you entered the US with a visitor or a student visa and those are not...
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