North Carolina Immigration Law Questions & Answers

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 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 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...

Q: can I still apply as my mother’s dependent to get a green card if I am over 21?

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Sep 19, 2018
Hector E. Quiroga's answer
Your mother can petition for you once she becomes a resident. The process will take longer once you turn 21. It can be done outside the US. We recommend that you speak with an immigration attorney before you leave the US to see what your options are based on your particular circumstances.

Q: I need custody of my children and a divorce. My ex is illegal and deported. He is threatening to kidnap my children.

1 Answer | Asked in Child Custody, Divorce, Family Law and Immigration Law for North Carolina on
Answered on Sep 6, 2018
Amanda Bowden Houser's answer
If he is deported and out of the US, then depending on where he is, getting custody or a divorce will be very difficult because it will likely be expensive and difficult if not impossible to get him properly served. Your best bet is to consult with a local family law attorney who can review your situation in more detail and lay out your options for you.

Q: Do I need court record and a written letter?

1 Answer | Asked in Immigration Law and Animal / Dog Law for North Carolina on
Answered on Aug 9, 2018
Hector E. Quiroga's answer
Regarding the animal cruelty issue: it will depend, first of all, on the statute under which you are charged. Also, you say you pled guilty and that your case was dismissed. If you pled guilty, your case was not likely dismissed, and there were likely charges. You will want to consult with an immigration attorney familiar with criminal law in your area to find out the possible implications in your case.

It is also likely that, because this all happened more than five years ago and is...

Q: How likely will I get accepted for Advance Parole and how long does it take to receive the documentation?

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Aug 9, 2018
Hector E. Quiroga's answer
You can make an expedite request under the circumstances. There isn’t any reason why you shouldn’t expect an approval, especially if you include solid evidence regarding your grandmother’s situation.

Q: My DACA was denied with the Reason stating that I "Acquired lawful immigration status on December 23 2015".

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Jun 26, 2018
Carl Shusterman's answer
If you did not become a lawful permanent resident, the DACA denial is probably incorrect. Show your paperwork to an experienced immigration attorney.

Q: Working from outside of USA for an American company.

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Jun 18, 2018
Carl Shusterman's answer
If you remain outside the US for 180 days, there will arise a rebuttable presumption that you have abandoned your permanent resident status. Bring a letter from your employer about your 6 months temporary assignment abroad in order to overcome this presumption.

Q: What should an affidavit of support look like for form I-751?

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Jun 9, 2018
Carl Shusterman's answer
These affidavits should explain how that know you and your wife, the social actions that they have had with you and how they know you are a couple and are living together.

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