North Carolina Immigration Law Questions & Answers

Q: Can I get a lawyer to obtain a state ID for me so that I can vote. I can't drive around to do it myself.

1 Answer | Asked in Immigration Law and Civil Rights for North Carolina on
Answered on Feb 18, 2019
Deron Edward Smallcomb's answer
Probably not. You might want to get an uber and go to the DMV yourself if you don't drive.

Q: I came to Egypt to get marry but the process took more time then expected and I couldn't finish my process because I had

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Feb 7, 2019
Kelli Y Allen's answer
I highly advise having a full consultation with an immigration attorney. The U.S. does not recognize proxy marriages. If that is what occurred, you will have problems with immigration when you try to file the spousal petition.

Q: Does spouse has to be a citizen for last 3 years for me to apply citizenship

3 Answers | Asked in Immigration Law for North Carolina on
Answered on Feb 7, 2019
Kelli Y Allen's answer
To be eligible to apply for naturalization after 3 years of permanent residency rather than 5, you must have been married to and living with your U.S. citizen spouse for 3 years since becoming a permanent resident. If your spouse was an LPR part of the time, you must wait until it has been 3 years.

Q: My wife worked with a itin number last year.If I file a i130 petition for her will that be a problem in the near future?

1 Answer | Asked in Immigration Law and Tax Law for North Carolina on
Answered on Jan 27, 2019
Kelli Y Allen's answer
If you are a U.S. citizen, no that would not be an issue .

Q: How can my K1 visa spouse get a NC license while waiting on change of status? Is he able to obtain a GED?

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Jan 27, 2019
Kelli Y Allen's answer
I suggest you retain the services of an immigration attorney to get all the paperwork done while you're waiting for the marriage certificate so that all the applications and supporting documentation can be filed as soon as the marriage certificate is available. Part of the adjustment of status paperwork is an application for employment authorization. Once this EAD is received, this will allow you spouse to get a SS#, drivers' license, and start working. The EAD will last until there is a...

Q: Hi I wanna check my wife is on H4 i need to cancel

1 Answer | Asked in Immigration Law and Child Custody for North Carolina on
Answered on Jan 24, 2019
Kelli Y Allen's answer
I'm not sure what your exact question is. I recommend contacting a family law attorney to deal with the custody issue first. If you decide to divorce, that will resolve the H-4 issue as she would not longer be an eligible derivative.

Q: Can good time be taken away if you’re under deportation

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Jan 18, 2019
Kelli Y Allen's answer
I don't know that being under an order of removal would have any impact, but this is really a criminal law question. You may want to seek advice from a criminal law attorney.

Q: I have a valid f1 visa but I just realized that on the visa application I forgot to indicate my other (EU) nationality.

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Jan 14, 2019
Kelli Y Allen's answer
Check with you school and see if they can assist you. Otherwise, if you leave the U.S., you would have to get your new passport stamped before re-entering the U.S. In either case, for accuracy purposes, you should notify USCIS of the omitted information.

Q: Shoul I put my US citizen father on n400 application even if we don’t have same last name and his name is not on my bc?

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Jan 14, 2019
Kelli Y Allen's answer
Yes, you must complete the N-400 completely, including your father's info even if he is not listed on your birth certificate.

Q: I have a friend who is in jail in Sparta NC. This is his first time in trouble in over 10 year's.

1 Answer | Asked in Immigration Law and International Law for North Carolina on
Answered on Jan 13, 2019
Kelli Y Allen's answer
The answer depends on numerous factors such as: what he was charged with, whether he has been convicted, whether he has an ICE hold (or has been referred immigration court), and, if so, whether he has any form of relief for which to apply. That would depend on criminal record, how long he has been in the U.S., whether he is married to a U.S. citizen or permanent resident, and many other factors. He (or someone on his behalf) definitely needs to consult with an experienced immigration attorney...

Q: We just found out my husband has a order for removal could we still apply for his green card

2 Answers | Asked in Immigration Law for North Carolina on
Answered on Jan 4, 2019
Allen C. Ladd's answer
You will need to find a lawyer who can tell you what your options are. It might be possible, for example, to ask the Immigration Court (Charlotte, I'm guessing) to consider reopening the case, to allow you to go forward with visa processing for your husband. In any event, you'll need to start with (a) consultation with lawyer and (b) filing Form I-130 petition for alien relative.

To find a lawyer, contact the NC bar by toll-free number and ask for a list of attorneys who subscribe to...

Q: My uncle got arrested for DWL at a checkpoint in SC Now on one of the charges it says Hold for ICE he has NoKids or wife

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Jan 3, 2019
Allen C. Ladd's answer
York County (Rock Hill area, including York) in South Carolina has an arrangement ("287(g) Memo of Understanding") to cooperate with ICE in traffic stops. This is the result. Unfortunate.

I recommend you find an immigration lawyer in Rock Hill -- or in Charlotte -- to help you with this. He or she will work with a criminal lawyer in SC. If you are lucky, you will find someone who handles both US immigration and SC criminal defense.

The SC Bar has a referral service for...

Q: I would like to hire an international student to do work for me over the summer - what do I need to do?

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Dec 12, 2018
Hector E. Quiroga's answer
You likely can’t, unless the position you are offering fulfills the requirements for optional practical training or curricular practical training.

Q: Hi so long story short- I am a US born citizen and my husband a UK born citizen. I want to apply for green card for him?

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Nov 16, 2018
Myron Morales' answer
Since he entered on a visa, you can file concurrently. But, since he is leaving on December 1, this will not be enough time to obtain the advance parole document that he will need to return to the U.S. As such, the I-485 would be deemed abandoned and he would have to consular process to complete the residence process.

Q: Is there a chance of getting a visa after doing unauthorized employment on a previous one?

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Nov 8, 2018
Hector E. Quiroga's answer
It will likely be denied because working with a J2 is prohibited, and doing so is a violation of the visa terms.

Q: What happens when someone overstays their tourist visa length in the US?

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Nov 3, 2018
Peter N. Munsing's answer
Then or now? Then, usually nothing. Now---could be problems. You may be better off leaving, then returning properly. If they catch you & toss you you'll have problems getting in. Suggest you contact an attorney who is a member of AILA or a certified immigration specialist by the Pennsylvania Courts.

Q: Does a embezzlement dismissed case affect a resident on becoming a USA citizen?

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Oct 16, 2018
Hector E. Quiroga's answer
Without seeing all of the facts in the case, that’s hard to say; however, it’s important for you to know that deferred prosecution can count as a conviction for immigration purposes.

Q: I have a question about divorcing my non-citizen wife

2 Answers | Asked in Immigration Law for North Carolina on
Answered on Oct 11, 2018
Peter N. Munsing's answer
You want to get a divorce/family law attorney in the county where you both resided. That person can tell you what you need to do, your options--the immigration issue is her issue, not really yours.

Q: My h1b extension is pending with USCIS,My wife is H1B valid still 5/2020.We both have i140. Can I apply for H4 EAD now ?

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Oct 10, 2018
Hector E. Quiroga's answer
In general, that strategy poses no problems. The only potential issue is that if your H4 visa is approved, then your H1B will likely not be extended.

Q: can a j2 visa holder here with his mom get married to a citizen?

2 Answers | Asked in Immigration Law for North Carolina on
Answered on Sep 25, 2018
Franchesco Donovan Fickey Martinez's answer
Hello Sir or Ma'am,

J1 and J2 Visa Holders may have the 2 Year Home Residency Requirement, that would prevent the ability to get a Green Card, unless the requirement/restriction is waived. The Visa Restriction should be looked into first, and if it exists on the J1/J2 Visa, this usually affects "timing and plans."

Crimes may or may not affect a Green Card Filing, it depends on the specifics surrounding the crime. Regardless of the dismissal, a copy of the police, court, and...

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