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North Carolina Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for North Carolina on
Q: The place of birth on the birth certificate is different from the place of birth on my passport.

I am an Indian citizen on H1B, and I am applying for I-140 and I-485. The place of birth on my passport is different than the place of birth on my birth certificate. They are neighboring towns in the same state and district. It was an accidental error on my behalf during my initial passport... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 4, 2022

Confusion over issues of identity complicate a filing. It 'was' best to have corrected this information before you went forward with 'any' visa processing. Otherwise, it can eventually be viewed as a misrepresentation. Whether this is an innocent or material misrepresentation... Read more »

1 Answer | Asked in Contracts and Immigration Law for North Carolina on
Q: We bought a house through a verbal agreement with the owner and are wondering if there is a contract to take to them ?

We have already payed the full amount for the house but we have no contract saying it is our property. The seller claims that their lawyer will take until march for any documents to be signed because the buyer has no social security number but does have an ITN number.

Agnes Jury
Agnes Jury answered on Dec 25, 2021

Real estate is required to be purchased through a written document (no oral contract). If a lawyer is involved in this transaction they should know that. Also, if you paid the full amount for the house then all that should be needed for you to have proof that you own the property is the quit claim... Read more »

1 Answer | Asked in Immigration Law and Tax Law for North Carolina on
Q: I'm a student in usa under F1 visa and I want to open a uk LTD and sell on the us market on eBay under my company name?

I'm a student in usa under F1 visa and I want to open a uk LTD and sell on the us market on eBay under my company name? It is legal to sell under my company name even if I'm not eligible to work under f1 visa and I should pay taxes to the us or uk government?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 23, 2021

That would be a de facto visa condition violation that will get your student status cancelled.

2 Answers | Asked in Immigration Law and International Law for North Carolina on
Q: LOST PASSPORT please help! How to extend stay over 90 days with an ESTA, whilst awaiting a new passport?

I have just arrived at the airport to leave USA after a 90 day tourist visit on an ESTA visa waiver program. I was due to leave for 4 days to allow my visit time to renew and then return to the states to finish my trip for another 2 months. But I have arrived at the airport and lost my passport!! I... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 4, 2021

You will need to comply with the reality. Obtain your expedited foreign passport and then apply for a new visa in that document.

There is no way around it.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: How can i extend my ESTA stay in USA due to covid isolation? I am UK visiting USA for almost 90days but now cant fly!

I have been in the USA as a tourist on the Visa Waiver program for almost 90 days. I was due to fly out today and return in a few days to continue my USA trip for another 2 months, but I have just learned that a friend I have had contact with has covid, and although I have not tested positive, i... Read more »

Agnes Jury
Agnes Jury answered on Nov 4, 2021

Normally you could file to extend your stay but Visa Waiver Program (VWP) entrants are not eligible to extend their stay or change status. However, under current regulations, if an emergency (such as COVID-19) prevents the departure of a VWP entrant, USCIS in its discretion may grant a period of... Read more »

3 Answers | Asked in Immigration Law for North Carolina on
Q: I am in America with a tourist visa, and my father and mother are Americans, and I am old. Can I obtain a residence

I came with my husband and my son to America and I saw my father and my mother at an advanced age. I want to serve them, but I need to apply for legal residence. I am looking for a way with many thanks

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 15, 2021

You need to provide much more information regarding your potential eligibility to adjust your status.

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1 Answer | Asked in Immigration Law, Admiralty / Maritime and Native American Law for North Carolina on
Q: How can my Family Sue for Reparations of Slay

The act of Slavery and Denationalization has erased our history and ability to identify in our indigenous status.. Through Legal Doctrine and the institution of Slavery The United States of America and States thereof are a Party to the Genocide of my people.. The only History that we can trace our... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 7, 2021

Any merits of any civil action must be discussed, examined, and explained to prospective Petitioner by an experienced litigant versed in that area of law intimately.

Thus, research, compare and select such professional for a preliminary case assessment before proceeding.

2 Answers | Asked in Immigration Law for North Carolina on
Q: Hi, What’s the process to dispute someone reporting us for marriage fraud?

Just to add some context to the question, my wife and I recently got married and we’re working on getting her green card (she’s currently covered through DACA).

When I met my wife, I had a friendship with someone that ended pretty badly and we haven’t talked in about 2 years until... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Sep 9, 2021

There is no process. People can write or call the immigration authorities. I suggest that you and your wife make sure you have proof of the marriage to submit. This include things like copies of leases with both your names, joint bank accounts and so on. You have to prove that your marriage is real.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: A friend is going to be deported back to Costa Rica.

He's incarcerated and will be released in December of this year. He's worried about being detained in ICE holding for several weeks/months. He'd like to know if his family paid for his ticket would it expedite the deportation procedures any?

Kyndra L Mulder
Kyndra L Mulder answered on Jun 24, 2021

Yes. He can expedite the removal by waiving his right to go before an immigration judge. Tell him to speak with his deportation officer when the officer comes to visit him.

1 Answer | Asked in Immigration Law for North Carolina on
Q: What steps to take in order to have a successful citizenship procedure?

I am a permanent green card holder back in 2019 I became involve with a criminal case dealing with the crime of obtaining property by false pretense. I was placed in this program the public defender suggest me and later on 2020 the case was dismissed. I am wanting to become a citizen and would like... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jun 10, 2021

First; depending on how you got your LPR status; You are not eligible to file for NATZ until you have been an LPR for 3 or 5 years.

Based on the limited information your provided; it sounds like you entered into a program, probation, or other form of predisposition in exchange for a...
Read more »

2 Answers | Asked in Immigration Law for North Carolina on
Q: I have conditional GC. Can we live seperate but close?

I am on conditional GC. We lived together all this time and there are no major problems between us. We are deciding to live seperately starting the last couple months because my US citizen partner needs to take care of a family member for a while. We are going to be close and remain in a... Read more »

Agnes Jury
Agnes Jury answered on May 18, 2021

Living apart may be a red flag but you should be able to overcome it with evidence of you remaining as a couple through your frequent communications and visits with each other etc. Document it well, submit the evidence when you remove the condition and bring more to the interview (if there is one).... Read more »

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1 Answer | Asked in Immigration Law for North Carolina on
Q: My husband has been living with another woman. He told her that he married me to come to the U.S. Can he be deported?

My parents and I sponsored my husband to come to the U.S. He moved out of my house 4 months ago and I thought that he had his own apartment. But it was a lie. Yesterday I got a call from the police telling me that he had been arrested for indecent liberties with a minor. The officer said that he... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on May 14, 2021

You should send a certified letter to the USCIS. The letter will be placed in the file and seen when he applies for any immigration benefit. You should also notify ICE.

1 Answer | Asked in Immigration Law for North Carolina on
Q: I am a nanny and flying out with my boss for work, my visa is expired, passport still valid, can I still fly domestic

I am a nanny and my boss asked me to fly out with them in June to help take care of the kids. But my visa and I94 has expired and my Passport is still valid. We are flying domestic and wanted to know if I can still fly using my passport or will I get flagged at TSA for using my passport. I am in... Read more »

Ina Shtukar
Ina Shtukar answered on Mar 25, 2021

When did you file for a T-visa? If you filed before your other visa expired, you should be "in status" while your application is being considered. Which visa was it, by the way? It would be helpful to know how you were admitted to the US, since you claim that you are a victim of... Read more »

3 Answers | Asked in Immigration Law for North Carolina on
Q: Is it required/allowed to file i539(on b2 visa) if wife and i will be filing AOS(adjustment of status)

Is it required/allowed to file i539(on b2 visa) if wife and i will be filing AOS(adjustment of status) through marriage based green card. Exipiration of i94(b2) is a about month away. What if there is a delay in reciept of notice, should we file for i539 just in case, before her expiration/before... Read more »

Agnes Jury
Agnes Jury answered on Mar 12, 2021

You are allowed to file I-539 on B2 visa but if you file for AOS BEFORE your wife's B2 stay expires then there is no need to file the I-539 because as soon as USCIS receives your application your wife's stay will be automatically extended until a decision is reached (or application is... Read more »

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3 Answers | Asked in Immigration Law for North Carolina on
Q: I was married in Florida. Can you still represent me? If so, could I get an estimate of the price include all paper work
Agnes Jury
Agnes Jury answered on Feb 22, 2021

It does not matter where you got married. You can hire a licensed immigration attorney in ANY U.S. State. The cost will depend on what your immigration needs are. Most attorneys will be able to give you an estimate, some charge fixed fees and others (like me) even disclose their fees on their... Read more »

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1 Answer | Asked in Immigration Law for North Carolina on
Q: I married an American citizen it’s been 2 years of marriage. My husband abandoned me, can I apply for green card?
Ina Shtukar
Ina Shtukar answered on Feb 22, 2021

Absolutely. You do need an attorney to guide you through this process as you might have to adjust your status as a "battered spouse." Physical abuse is not a requirement - it can be purely psychological in nature. Abandonment would fall under the category of "extreme cruelty."... Read more »

3 Answers | Asked in Immigration Law for North Carolina on
Q: Can I (USC) marry my Mexican fiance in the US with his B1/B2 visa. Then return to Mexico for the immigration process?

We want to marry here in the USA. He will need to return to Mexico because of his job. I plan to go back with him after the wedding, and we will start the 1-130 Spouse visa petition from Mexico. Can we get married here with his tourist visa?

Ina Shtukar
Ina Shtukar answered on Feb 22, 2021

As long as your fiance is not out of status (his visa hasn't expired), you can certainly get married here in the US. The best part is that he does not need to leave the country to adjust his status. In addition, while it may not impact your case, the Biden administration is working on changing... Read more »

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3 Answers | Asked in Immigration Law for North Carolina on
Q: can i apply for us citizenship with my expired passport
Adan Vega
Adan Vega answered on Jan 9, 2021

You do not need to be in possession of a valid passport to be eligible for naturalization. You will need to comply with all other requirements to file the FORM N-400 with USCIS.

Good luck to you.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: Does adjustment of status is possible from TPS if I have F-1 entry to USA and what about if I travel outside?

Currently in OPT and TPS, OPT will expire soon. Entered USA with F-1 Visa. USCIS set-forth a notice saying TPS doesn't qualify for adjustment purposes if alien comes in without "inspection and admission or parole". And, also if travel is done using TPS then after returning back, the... Read more »

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

If you entered on an F-1, that counts as a lawful entry for the purposes of adjustment.

1 Answer | Asked in Immigration Law for North Carolina on
Q: Can I expedite my 7yr old stepson visa interveiw? NVC approved it months ago, due to covid 19. Emergency visa in Haiti

Kidnapping is rapid in Haiti now,I'm afraid for my son!

Agnes Jury
Agnes Jury answered on Jan 5, 2021

Check to see if any of the reasons to expedite would apply in your stepson's situation:

https://www.ustraveldocs.com/ht/ht-niv-expeditedappointment.asp

If it does then you can try. If none of the reasons to expedite apply, you can send an inquiry to NVC, check the status of...
Read more »

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