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North Carolina Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law and Small Claims for North Carolina on
Q: Necesito ayuda para recuperar un dinero de FIANZA como haria si no tengo ningun documento exepto el recibo bancario?
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answered on Jun 16, 2024

Aquí hay algunos pasos que puede seguir para tratar de recuperar el dinero de la fianza sin tener más documentación que el recibo bancario:

1. Comuníquese con el tribunal donde se pagó la fianza. Explique su situación y pregunte qué documentación necesitaría para procesar la...
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2 Answers | Asked in Immigration Law for North Carolina on
Q: someone came to visit me with a travel visa. the visa has now expired but they refuse to leave my home. What can I do?

It has been a few months since their visa expired. Are there consequences for me since I didn’t do anything right away? I wanted them to leave on good terms but that’s not going to happen since they are outright refusing to leave my home.

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answered on Jun 8, 2024

I understand that this is a difficult and stressful situation. It's important to address it promptly to avoid potential legal consequences for both you and your guest. Here are some steps you can take:

1. Have a serious conversation: Sit down with your guest and firmly explain that...
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2 Answers | Asked in Immigration Law for North Carolina on
Q: Can a Retiree become a joint sponsor for a person migrating to the United States?
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answered on Jun 3, 2024

Yes, a retiree can become a joint sponsor for someone migrating to the United States. To qualify as a joint sponsor, the retiree must be a U.S. citizen or lawful permanent resident. Additionally, the retiree must demonstrate that their income and/or assets meet the financial requirements set by... View More

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1 Answer | Asked in Immigration Law for North Carolina on
Q: What passport number should my husband use on USCIS forms? Old passport that he used to enter the country? Or new one?

My husband entered the country legally with his H2B visa, but lost/misplaced that passport and visa on a business trip. He has copies of those original documents, but now has a new passport number. Should he be using his new passport number on all forms or input the old passport number and document... View More

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answered on Apr 18, 2024

In this situation, your husband should use the passport number that was valid at the time he entered the United States and received his I-94 form. The I-94 form is the official record of his legal entry into the country, and it is tied to the specific passport number he used at that time.... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: Can my spouse apply for a green card with ESTA if we are already married?

My wife and I got married through Proxy and she is eligible for the Visa Waiver Program. Could she apply for a green card if she travels to the US with an ESTA? If not, what options do we have?

Thank you

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answered on Mar 30, 2024

Traveling to the U.S. under the Visa Waiver Program (VWP) with an ESTA (Electronic System for Travel Authorization) primarily permits short visits for tourism or business. If your wife enters the U.S. using an ESTA with the intention of applying for a green card (adjustment of status), it might... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: My girlfriend lives in Canada if I was to go visit and get married can I file something and end up staying in Canada?

We have been for years but trying to figure out the quickest way to go about it

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answered on Mar 19, 2024

If you marry a Canadian citizen and want to stay in Canada, you can apply for spousal sponsorship under the Family Class category. Your spouse would need to sponsor you for permanent residence. This process involves proving your relationship is genuine and meeting certain income requirements.... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: I have a question for F2B category applicant getting ineligible due to getting married, what's the cutoff time ?

Petition got approved back back in back in late 2020, and case for immigrant visa was documentarily completed since 01/28/2021 and then waiting for interview, applicant got married in Mid 2022 and the now at the time of visa interview his case was rejected due to being married.

I have seen... View More

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answered on Mar 15, 2024

In the context of U.S. immigration, the F2B category applies to unmarried sons and daughters of permanent residents. If an applicant marries before becoming a lawful permanent resident, they generally become ineligible under this category. The crucial moment determining eligibility is not when the... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: how can I get an i-131 certificate in this situation?

i just arrived in the usa. i defected because i had a security problem in turkey. my work permit and social security number have been shipped to me now. i have a fracture in my nasal bone due to a problem i had as a child in turkey and it needs urgent surgery. Under normal circumstances, I had a... View More

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answered on Mar 13, 2024

In your situation, you may be able to apply for an I-131 (Application for Travel Document) to request Advance Parole, which would allow you to travel outside the United States and return while your immigration case is pending. However, there are some important considerations:

1....
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1 Answer | Asked in Immigration Law for North Carolina on
Q: I have my Texas birth certificate but i am very confused the place of birth say Reynosa Mexico is this possible ?

What can i do on this matter an i a USA citizen?

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answered on Feb 26, 2024

If your Texas birth certificate lists Reynosa, Mexico, as your place of birth, it might initially seem confusing since Reynosa is not in Texas but in Mexico. This discrepancy could be an error on the birth certificate or could relate to specific circumstances surrounding your birth and... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: I have a question regarding my situation. Married to a U.S. citizen last January, I'm in the US on a B1/B2 visa and work

I'm working remotely for a company outside of the U.S. I'm wondering if this could impact my I-130 application.

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answered on Jan 27, 2024

When you are in the U.S. on a B1/B2 visa and working remotely for a company outside the U.S., it's important to be aware of the visa's restrictions. The B1/B2 visa is typically for tourists or business visitors and does not authorize employment in the United States. Working remotely for a... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: Is this qualifying relationship between two companies? Question around L1B visa

My question is around L1B US visa. I want to know if the below counts as qualifying relationship between the two companies in terms of sponsoring an L1B visa: There is a company group, let's call them BM Group. It has subsidiaries, two of them are R Group and BM Education Group. If I worked at... View More

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answered on Dec 15, 2023

In your situation regarding the L1B US visa, the key factor is the relationship between the companies within the BM Group. The L1B visa requires a qualifying corporate relationship between the petitioning U.S. company and the foreign company where the employee previously worked.

Given your...
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2 Answers | Asked in Immigration Law and DUI / DWI for North Carolina on
Q: My friend has a DUI and has green card for past five years is it OK for him to travel abroad, will it affect his status.

Also is it safe to apply for his citizenship as its due.

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answered on Dec 14, 2023

A DUI conviction can have implications for a green card holder's ability to travel and apply for citizenship. It's important to consider the specific details of the DUI offense, as some convictions, particularly those involving serious harm or repeated offenses, may have more significant... View More

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1 Answer | Asked in Criminal Law and Immigration Law for North Carolina on
Q: CAN A PERSON WITH MISDEMEANOR LARCENY CALSS1 IN NORTH CAROLNA HAVING A GREEN CARD FOR THE PAST 5 YEARS TRAVEL ABROAD?

DOES THIS COME UNDER PETTY THEFT ECEPTION AS THE AMOUNT WAS $989 AND THE CASE HAS BEEN DISSMISSED AND GONE FOR EXPUNGE.

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answered on Dec 13, 2023

In your situation, having a green card and a dismissed misdemeanor larceny charge in North Carolina, you generally have the ability to travel abroad. However, there are a few important considerations to keep in mind.

Firstly, the nature of your charge and its dismissal can play a crucial...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: Can my answers to the citizenship question of my parents be used against them when filling out a passport

I was born here, they were not

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answered on Dec 20, 2024

The citizenship information you provide about your parents on your U.S. passport application is used solely for establishing your own citizenship status and identity.

Since you were born in the United States, you have birthright citizenship under the 14th Amendment, regardless of your...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: Two I-140 petitions were filed simultaneously, but only one was approved. Can I file Form I-485 based on the approved pe

Two I-140 petitions were filed simultaneously, but only one was approved. Can I file Form I-485 based on the approved petition, and what will happen to the unapproved petition?

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answered on Dec 20, 2024

Yes, you can proceed with filing Form I-485 based on your approved I-140 petition. The approval of one I-140 petition is sufficient to serve as the basis for your adjustment of status application, regardless of the status of other pending petitions.

Your unapproved I-140 petition will...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: Hello, I sent forms i-140, 907, g-1450 and an evidence packet to USCIS lockbox and received 979C - rejection notice

All documents were returned in the mail. Each sheet of returned documents (1200 sheets) has a number line printed at the bottom indicating that the case has already been scanned. Also lockbox stapled all the sheets with a stapler and creased them a bit. I have corrected the forms. The notice states... View More

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answered on Dec 19, 2024

In situations like this where you've received a 979C rejection notice, it's best to submit fresh, clean copies of all documentation to ensure the best possible processing of your case.

Even though the returned documents show scanning numbers and have been stapled, USCIS typically...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: Hi, I'm filling i-140 (EB-1A) and faced Part3, section 7 question about nationality and citizenship.

I'm filling i-140 (EB-1A) and faced Part3, section 7 question about nationality and citizenship.

I'm a citizen of the two countries.

How should I fill this section:

1. Provide one country (passport of this country I fill in other sections of the form)

or... View More

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answered on Dec 17, 2024

When filling out Form I-140 for EB-1A, it's recommended to list both countries of citizenship. The USCIS generally expects complete disclosure of all citizenship statuses, and omitting one could potentially raise questions later in the process.

While you may be using one passport...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: Confusion with uscis form i485 and reopen i140

On December 26, 2023 we filed an i140 ( EB1A) and simultaneously filed an i485 from the US out of tourist status.We got biometrics in January,SSN,Work Authorization,travel document in spring.On July 16,we received approval for i140.On July 18 for all our i485 cases(5pcs of them, 2 adults and 3... View More

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answered on Dec 15, 2024

Your situation sounds quite complex and understandably frustrating. Let me help break down what might be happening and suggest some next steps.

The key issue appears to be the I-140 approval notice stating you cannot change status in the U.S., which conflicts with your concurrent I-485...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: Is it possible to apply to I-129 after applying I-140 and meeting RFE

I-129 is nonimmigrant, however I-140 is immigrant. I'm afraid that it could be a problem and I-129 could be rejected

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answered on Dec 13, 2024

Yes, you can file an I-129 petition after submitting an I-140 and responding to an RFE. The immigration system recognizes that many individuals maintain nonimmigrant status while pursuing permanent residency through the I-140 process.

Having immigrant intent (shown through your I-140...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: which date should I enter on my N400 form for naturalization? The date we signed the marriage or by the officiant?
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answered on Dec 3, 2024

For your N400 naturalization form, you should enter the official date when your marriage was legally solemnized - this is the date the officiant signed the marriage certificate.

While you and your spouse may have signed the marriage certificate on one day, the marriage isn't legally...
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