Immigration Law Q&A by State
Your current state is Virginia
Immigration Law Questions & Answers
Q: Must I update my citizenship status if I file my I-130 as a permanent resident?
I filed I-130 for my unmarried son (above 18 yrs old) with a priority date in May 2014. I'm about to become a US citizen. When I look at the Visa bulletin (July, 2019), I noticed that, the final-action date for F1(US citizen) is 08MAR12; and F2B (Permanent Resident) is 01SEP13. It seems that, my... Read more »
Your son can “opt out” of the F-1 priority date, meaning he can continue processing under the F2B category.
Q: citizenship process
Hi i am a green card holder and applied for citizenship on November 2018 and went to fingerprint on december 12/2018, but since that i didn't receive any mail or test date. how long should i wait , how long usually it takes?
It depends on where you live. Visit this website to see: https://egov.uscis.gov/processing-times/
Q: initally a naturalized citizen.felony jail. To be deported now sayin not naturalized. If i marry can he stay
He was naturalized by his father and his mother was from england he has lived here for approx 30 years. Felony jail for 14 years now to be deported immediatley. If we marry can he stay or do i have to move away with him
There is no guarantee of that; it depends on the felony. He needs to speak with an immigration attorney.
Q: I lied on my US tourist visa application, but I received a letter that I was denied because I did not show strong ties
I lied on my application for a US tourist visa 11 years ago, I was denied, but the letter they gave me said I was denieD because I did not show strong enough ties to my home country, did they not realized I lied on the form, because they did not deny me for misrepresenting?
The only thing we could say with certainty is that your visa was. Simply because your visa was denied because you could not show strong ties to your country does not mean that the misrepresentation was not noted.
Q: Hello, I'm a young student at college looking to transfer to law schools. In this matter, what should I be looking for?
I want to know which schools are the best and which schools are not as good as the rest, but still pretty good. Just want to know what schools to look at, and which ones not to spend my time reviewing them, so I can make the best decision possible when transferring from college. If possible to I... Read more »
This is way too broad an inquiry to be addressed in this forum. Talk to you college counselor; better yet, if you know an attorney, see if he or she will take time to talk about these subjects with you. Most will be willing to do so, I suspect, but the task of writing a comprehensive reply to your... Read more »
Q: Immigration
Can i file for kids as a green card holder? My Husband is a United States citizen but lose his job so therefore I am the only person working in my household .
I cannot determine from your question if you are the biological or adoptive parent for the kids, or if your are related to the kids in other ways except for a parent child relationship.
If you are the parent of the kids you can file for them. A person who has green card can file for his/... Read more »
Q: Is it possible to obtain a US Work Visa by forming a US Corporation and hiring yourself in it as a foreigner?
I would like to know if it is possible to obtain a US Work Visa as a german citizen by incorporating a Company in the United States and hiring yourself as the CEO of that exact same company. Technically that would make you an employee of that company and therefore you should be able to get a US... Read more »
You need special authorization to hire foreign workers in most cases. There may be other options however. You should contact an experienced immigration attorney to discuss your situation.
Q: Can I live in US based on grounds that my entire family is here after my Visa expires
Hi I am currently on h1b and my wife on h4 from India came to US from India on f1 Visa.My parents are permanent resident and I have one Brother who is US citizen through spouse. I don't have anyone back home In India. I have 3 kids all US citizens . I don't have my green card petition filed yet... Read more »
How old are your children? Perhaps they can apply for you. But as far as just staying because your family is here, without proper documentation, that isn't allowed.
Q: is CA penal code 502 violation a aggravated felony or just CIMT for Immigration purpose?
Employee used her government computer to download pirated books on it via usb for reading (against employer policy). She violated pc 502 for personal use. Can she get deported as LPR?
I would suggest you meet with an experienced immigration or criminal defense attorney to get the correct answer to this question.
Q: I have a general (universal) question regarding citizenship.
If a person is born in a city A in country B, that person has country B citizenship. But, five years later, that city A is part of a region that gains independence from country B, and the region that has gained independence is now in country C. Is the person now a citizen of country C? (The... Read more »
It's possible this is something that an immigration attorney would want to meet with the petitioner about, which is why it is still open for five weeks. Immigration attorneys I work with who handle immigration-related aspects of my property and casualty cases don't often like to work in the... Read more »
Q: My mother is a immigrant And we are scared about her getting arrested by ice.
My mother has lived here for 20+ years . She came from Mexico to flee crime and for a better life . We live in California and she has 3 kids that were born here. She doesn’t have a criminal record. She has a stable job and has never been arrested or pulled over by the law. All this news with the... Read more »
The alleged plan is to look for people with final deportation orders, but incidental to a search, ICE may find others, ask questions and consider whether to detain, release and serve a notice to appear in immigration court.
It can help to review your situation and hers, but it is unclear... Read more »
Q: Hello, I need a lawyer for asylum seeker application.
Before I come here I was kidnapped, jailed and tortured because I am member of opposition political party.
Currently many peoples from our political party are in jail and killed
You, as the applicant, have the burden to prove with a preponderance of the evidence that you are not only an active member, but were kidnapped, jailed and tortured. You must also prove to the satisfaction of the USCIS that you are a citizen of that nation. You must prove a number of other facts,... Read more »
Q: Do US consulates give the true reason for denials or default reasons despite unique causes for inadmissibility?
I had a previous tourist visa overstay of 11 years, and left America in 2005 on my own accord and applied for a tourist visa a year after in my home country, I lied and said I only visited America for 2 weeks when I had the visa. At the end of the interview I was denied but given a letter stating... Read more »
You know another reason for the denial, but the consular official likely had the option to select one of many reasons to base the denial upon including INA Section 221(g). It is unclear, but you certainly know that you can be denied, again, in the future for visa fraud through misrepresentation.... Read more »
Q: Re entry permit can affect on green card status?
I have been living here for the last 4 years and now i will get a green card in 5 months. I want to stay in my country for at least one year. So whats process of re entry permit? It does affect on green card
You should apply for a reentry permit before you leave. It shouldn’t have any impact on your green card, but it will take longer for you to become a citizen.
Q: what happens to US citizen children if both parents (legally on non-imigrant visa) die, no other family in US?
I am a foreign citizen previously on J-1 now on O-1 visa. I had children while on J-1 which are US citizens. My wife is also foreign born (J-2, now O-3). I would like to know what would happen to our children, for some reason, we both were to die. Who would retain custody (no family members in US,... Read more »
Most of your question is family law based, but as the question about US citizenship: because they were born in the US, they are US citizens.
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 »
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.
Q: Do I need to report change of address (to USCIS) for extended visit during the Naturalization Process?
I am a resident of Texas and I am in the naturalization process in the State the Texas. My wife lives & works in Georgia. She is going through some medical issues and I have to stay with her for 4-5 months starting from August, 2019. My employer in Texas has agreed to give me an unpaid leave until... Read more »
If your interview is scheduled during that time, you will need to return to TX for it, but there is nothing else that suggests any problems.
Q: if I marry someone in the usa with an expired visa within the last year, can they stay in this country?
They came to this country 8 years ago with a 9 year old child legally.
Yes you can apply for green cards for your spouse and step child
Q: Is booking H1b and F1 visa at the same time in a different time line is not a good idea? Different answers from lawyers
Hi. I have called three lawyers about this. And I paid them consultation fee. Lawyer A : It is okay to book two at the same time, but you need to prove that you don't have immigrant intent to get Student(F1) VISA. Also, if you did not get F1, it would not affect for your H1b visa interview because... Read more »
The proper questions may have been avoided. The issue is what do you want to do; study or work? It should be one or the other for the purposes of the visit. If you apply for something that ‘you don’t need’ at this time, it can be denied. It can also reasonably draw suspicion.... Read more »
Q: Does H4 transfer need to be complete before I join my new employer. H1 transfer is done
H4 biometric appointment got scheduled in Boston for us, where as we are located in CA. And that too 3 days for 3 people. How smooth is rescheduling,by when do we need to get the H4 process completed, ie.if i submit resignation and my company withdraws sponsorship before their H4 process is... Read more »
You can request that the appointments be rescheduled. The instructions are on the form. It is a relatively easy process. You might even try going to the local office with the notices you have to see if they’ll just take your biometrics.
The fact that you have resigned and the company... Read more »
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.
