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North Carolina Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for North Carolina on
Q: I have a valid f1 visa but I just realized that on the visa application I forgot to indicate my other (EU) nationality.

I have both an Indian and an EU passport. I already have the student visa on my Indian passport but would like to relinquish my Indian nationality, which means that I’d have to get a new visa. However in my last us visa application form I found out that i didn’t indicate my EU nationality.

Kelli Y Allen
Kelli Y Allen answered on Jan 14, 2019

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.

1 Answer | Asked in Immigration Law for North Carolina on
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?

His name is not on my birth certificate.

Kelli Y Allen
Kelli Y Allen answered on Jan 14, 2019

Yes, you must complete the N-400 completely, including your father's info even if he is not listed on your birth certificate.

1 Answer | Asked in Immigration Law and International Law for North Carolina on
Q: I have a friend who is in jail in Sparta NC. This is his first time in trouble in over 10 year's.

He has cousty of his 4 year old son who is a us citizen. Is there anything that can be done to keep him here

Kelli Y Allen
Kelli Y Allen answered on Jan 13, 2019

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... Read more »

2 Answers | Asked in Immigration Law for North Carolina on
Q: We just found out my husband has a order for removal could we still apply for his green card

He came here illegally from el salvador in 2013 was picked up by ice in Texas and incarcerated he was released and we just found out he has an order for removal from 2014

Allen C. Ladd
Allen C. Ladd answered on Jan 4, 2019

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... Read more »

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1 Answer | Asked in Immigration Law for North Carolina on
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

He has been longer than 10 years and owns his house and no criminal record. And this happend in York SC

Allen C. Ladd
Allen C. Ladd answered on Jan 3, 2019

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....
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1 Answer | Asked in Immigration Law for North Carolina on
Q: I would like to hire an international student to do work for me over the summer - what do I need to do?
Hector E. Quiroga
Hector E. Quiroga answered on Dec 12, 2018

You likely can’t, unless the position you are offering fulfills the requirements for optional practical training or curricular practical training.

1 Answer | Asked in Immigration Law for North Carolina on
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?

We are both currently in the States at the moment. BUT my question is do we apply for the I-130 form only or can we apply apply to both I-485 and I-130 concurrently at the same time? (My husband entered on a visa this trip to the States (valid for 10 years)). However he will be travelling back to... Read more »

Myron Morales
Myron Morales answered on Nov 16, 2018

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... Read more »

1 Answer | Asked in Immigration Law for North Carolina on
Q: Is there a chance of getting a visa after doing unauthorized employment on a previous one?

I wanted to know if there was still any chance of getting a H4 visa if I did unauthorized work on a previous J2 visa. Or will it be denied when the officer finds out.

Hector E. Quiroga
Hector E. Quiroga answered on Nov 8, 2018

It will likely be denied because working with a J2 is prohibited, and doing so is a violation of the visa terms.

1 Answer | Asked in Immigration Law for North Carolina on
Q: What happens when someone overstays their tourist visa length in the US?
Peter N. Munsing
Peter N. Munsing answered on Nov 3, 2018

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.

1 Answer | Asked in Immigration Law for North Carolina on
Q: Does a embezzlement dismissed case affect a resident on becoming a USA citizen?

My case happened about 5 years ago and it was my first offense it was a deferred prosecution. I payed retribution for it and ever since then I have not had any other criminal offenses. I want to become a citizen but I’m afraid that it will cause me to be denied. I hope to get an answer to... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 16, 2018

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.

2 Answers | Asked in Immigration Law for North Carolina on
Q: I have a question about divorcing my non-citizen wife

She came here in 2011 on a student visa. we married sept 2015. she left for gradschool in August of 2016 and left the mariage in Nov 2016. She is trying to claim I abused her (which I did not) to get citizenship under the Violence Against Women Act. I have tried to divorce her but she has been... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 11, 2018

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.

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1 Answer | Asked in Immigration Law for North Carolina on
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 ?

Currently I'm on H1B for Cognizant technology. Client is Wellsfargo Bank. working on same project, same role, same location from last 5 years. My i-94 is valid till Oct 15,2018. H1B extension has been filled with USCIS California Center waiting to get result. I have i-140 approved.

My wife... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 10, 2018

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.

2 Answers | Asked in Immigration Law for North Carolina on
Q: can a j2 visa holder here with his mom get married to a citizen?

he was arrested with minor charges a year ago but case was dismissed. he graduated high school with a 4.2 gpa. im planning on getting married next june and need to know if he will have to go back before we get married. and if he does will the record that got cleared still show up and affect his... Read more »

Franchesco Donovan Fickey Martinez
Franchesco Donovan Fickey Martinez answered on Sep 25, 2018

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...
Read more »

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1 Answer | Asked in Immigration Law for North Carolina on
Q: can I still apply as my mother’s dependent to get a green card if I am over 21?

We are non-immigrant aliens here (not illegal) and my mother has been engaged for a while to an american citizen. I am her dependent on the visa that we have, but I am about to turn 21 in the beginning of next year and loose my status under her’s. If she gets married before then, can she apply... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 19, 2018

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.

1 Answer | Asked in Child Custody, Divorce, Family Law and Immigration Law for North Carolina on
Q: I need custody of my children and a divorce. My ex is illegal and deported. He is threatening to kidnap my children.

Where do I start? Divorce lawyer? Immigration lawyer? Child custody? I just need help. He is mentally unstable and violent. I don't put it past him.

If I don't have his address how do I have him served?

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 6, 2018

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... Read more »

1 Answer | Asked in Immigration Law and Animal / Dog Law for North Carolina on
Q: Do I need court record and a written letter?

I was arrested in 2003 for animal cruelty. Main reason was a dog got behind me and I was scared so I kicked the dog and it ran into the streets and got ran over by a car. I have the right to protect myself is all I was doing. I stay a day in jail and was released the next day. I went to court a... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 9, 2018

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... Read more »

1 Answer | Asked in Immigration Law for North Carolina on
Q: How likely will I get accepted for Advance Parole and how long does it take to receive the documentation?

I'm currently a Daca recipient that is married to a US citizen, and currently in the process of becoming a resident. At the moment I'm waiting to hear back for my visa waiver. My grandmother is having a life or death surgery and I need to travel to my country ASAP.

Hector E. Quiroga
Hector E. Quiroga answered on Aug 9, 2018

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.

1 Answer | Asked in Immigration Law for North Carolina on
Q: My DACA was denied with the Reason stating that I "Acquired lawful immigration status on December 23 2015".

I have had a Daca for, four years. My Mom applied for a UVisa in 2015 that was approved in 2016. The lawyer she hired advised her, that it did not apply to me because I had gotten Married in 2014.

I am confused I used everify and it just said I was authorized to work. I am very unsure of... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 26, 2018

If you did not become a lawful permanent resident, the DACA denial is probably incorrect. Show your paperwork to an experienced immigration attorney.

1 Answer | Asked in Immigration Law for North Carolina on
Q: Working from outside of USA for an American company.

I’m a lawful permanent resident and it’s already over 4 months that I’m not in USA , working from my home country. I’m leading a team overseas and still have a couple of months left until I finish my project. I continue getting paid from American company and pay taxes each month even if... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 18, 2018

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.

1 Answer | Asked in Immigration Law for North Carolina on
Q: What should an affidavit of support look like for form I-751?

My wife is currently a conditional permanent resident who immigrated here on the K-1 fiance visa (after filing form I-129F). We're coming up on the time to file form I-751 to remove the conditions on her permanent residency, for which we need to provide evidence reasonably proving that we've been... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 9, 2018

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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