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North Carolina Immigration Law Questions & Answers
1 Answer | Asked in Estate Planning and Immigration Law for North Carolina on
Q: If I have a will in another country will that be applicable in NC? Or do I need a separate will in NC?
Ben Corcoran
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Ben Corcoran
answered on Sep 29, 2020

Generally speaking, NC does recognize out of state/country wills; however, if you are planning on living in NC I would take your existing will to a local probate attorney and have them look it over to ensure that it still has the same effect that you intended when it was drafted. Also if the will... View More

2 Answers | Asked in Immigration Law for North Carolina on
Q: Husband planning to apply for Naturalization, but unsure due to his past criminal record?

My husband became a US Permenent Resident 4 years ago through our marriage. He now would like to become a US Citizen, but he is afraid it may be denied due to his past offenses from 2010 and later. They are all misdemenors, traffic violations, and one arrest (detained less than 4 hours). These all... View More

Mario Musil
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Mario Musil
answered on Sep 29, 2020

The requirements for Naturalization are higher than those for a green card and someone who may have successfully obtained a green card, may not qualify to naturalize, or may be denied naturalization at the discretion of USCIS. Your husband should have his records reviewed to determine if any of his... View More

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1 Answer | Asked in Immigration Law for North Carolina on
Q: Should I apply for EAD/Advance Parole with I485?

MY PD became current in October Visa bulletin. I am planning to apply for I485.

I have h1 visa valid till Dec 12, 2020, but h1 petition is valid till 2023. I will go for visa stamping as I will be continuing my work in H1 until I get GC. Will applying i485 will impact my H1 stamping?... View More

Adan Vega
Adan Vega
answered on Sep 27, 2020

The H-1B visa is a “dual intent” visa that allows you to express an intent to immigrate without jeopardizing the issuance of the non- immigrant H-1B visa.

As to the EAD and the advance parole document, you can request those documents from USCIS at the time you apply for adjustment of...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: Apply Green Card on EB-5 Investor program.

I am from India and I am planning to lease a business on H4 EAD and have 10 full time employees. My friend who is an american citizen will be a partner who is the actual owner of the business. Am I eligible to apply for Green Card based on the business documentations and my friends properties,... View More

Adan Vega
Adan Vega
answered on Aug 20, 2020

EB5 visas are available to immigrant investors who engage in new commercial enterprises that benefit the U.S. economy through job creation and capital investment.

To qualify as an immigrant investor in the EB5 program, a foreign national must invest, without borrowing, the following...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: We filed a I-589, 19 monthes ago. The tracking number shows forms delivered. Received no receipt. Should we reapply?

We (my husband, daughter and I) came into the US on a B2 visa and then applied for asylum. My husband abandoned us and went back to SA. Our case was cancelled. We got a lawyer that reapplied for us but 19 mnds later we have not received a receipt number. Our workers permits have expired and we have... View More

John Alexander Bates
John Alexander Bates
answered on Jul 9, 2020

No receipt number? Your application may not have been delivered properly.

4 Answers | Asked in Immigration Law for North Carolina on
Q: Question for N-400 application

Hi, I'm unsure how to answer the following question: have I ever been in jail or prison?

I was previously arrested and released on bail a couple hours later. Based on this situation how should the question above be answered? Yes or No

Thank you in advance!

John Alexander Bates
John Alexander Bates
answered on Jul 7, 2020

Answer yes and describe the situation.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: NVC has received approved immigrant visa petition from USCIS? Can I still file i-485 for adjustment of status?

My parents immigrant visa petition has been approved by USCIS and send to NVC. They are in USA on visitor visa and I am thinking about filing i-485 so they dont have to travel back and forth in this environment.

Matthew J Hartnett
Matthew J Hartnett
answered on Jun 30, 2020

Yes, you should be able to file for their adjustment of status. However be sure to contact an attorney to discuss in further detail.

2 Answers | Asked in Immigration Law for North Carolina on
Q: How do i go about getting married if my bf is illegal? We live in n.c.
John Alexander Bates
John Alexander Bates
answered on Jun 8, 2020

If you are a United States citizen, you can get married and apply for a green card for him. You will also probably have to file a waiver, if he entered without a visa. The waiver is to excuse his unlawful presence in the United States.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: I married an Asylum applicant and I’m a green card holder. We got a I 130 approval can he apply to adjustment of status?

We submitted a I-130 form and recently it was approved. I am a green card holder and he is an Assylum applicant. Can he apply for the I-485 adjustment of status ? Someone told me I needed to be a citizenship before he can apply for a green card. Is that true? He has never been here illegally. Since... View More

Drew Elesh
PREMIUM
Drew Elesh
answered on May 27, 2020

The beneficiary (your spouse) needs to be on a valid visa to benefit from

an I-485. Since he is not a valid visa you would need to be a U.S. citizen

to adjust to a permanent resident of the U.S. You are correct that he has had

a valid work permit but that is not the same...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: Hi, the NVC is currently processing my son's case (F3) and we noticed a DOB discrepancy between his BC and passport

He lives in Ethiopia. The Ethiopian calendar is different from the American calendar, in that the Ethiopian calendar has 13 months and is currently in the year 2012. Any legal document containing a date has an Ethiopian date as well as an American date. His birth certificate was issued in 1983 and... View More

Allen C. Ladd
Allen C. Ladd
answered on May 14, 2020

Thanks for your question. I would bring it to the attention of the NVC.

Allen Ladd

2 Answers | Asked in Immigration Law for North Carolina on
Q: can a citizen of Iran apply for Green Card while Travel Ban is in effect?

My wife is a recently naturalized US Citizen and would like to sponsor her elderly disabled mother (70Yrs Old - Stroke victim) for a Green Card. My question is, even though Iranian citizens are banned from entering the country, is it still possible to apply for an I-130 in anticipation of a new... View More

Allen C. Ladd
Allen C. Ladd
answered on Apr 23, 2020

There are humanitarian exceptions to the travel ban. Now would be as good a time as any to begin the process.

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2 Answers | Asked in Immigration Law for North Carolina on
Q: Hi my dad is in the states he just got his temporary green card through marriage. My question is can he file for his son

His son is over 21 and is in the states visiting on a visitors visa

Adan Vega
Adan Vega
answered on Apr 14, 2020

A resident parent can file the family petition, FORM I-130, on behalf of an unmarried son.

In your case, the FORM I-485 can not be filed with USCIS by the unmarried son for at least 4 to 5 years. Moreover, the applicant must remain in status and must be otherwise not inadmissible.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: Hello I'm a legal USA resident. I've been in love and dating a gentleman from Nigeria on and off for 12 year's.

His work Visa has expired years ago. I want to marry the love of my life. He doesn't have a criminal background. What should we do?

Thank you,

Fay

Svetlana Kats
Svetlana Kats
answered on Mar 30, 2020

Fay, your best option is to marry your fiance and apply for U.S. citizenship when you become eligible.

As a U.S. citizen, you will be able to file immigrant petition and application to adjust status for your husband to keep him in the U.S.

2 Answers | Asked in Immigration Law for North Carolina on
Q: In which US embassy CR1 beneficiary should have interview: country of residence (UK) or country of citizenship (LTU)?

My spouse is UK resident for the past 15 years but has Lithuanian citizenship.

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 4, 2020

It is not uncommon for an immigrant to request to process the visa at the US consulate in the country he resides in. However, that would depend on the type of case. Discuss your case with counsel anywhere in the USA for a full review of the facts.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: If a mother is going to be US citizen but her under 18 years old son don't want to is he still automatically going tobe

Or is there another way to keep his citizenship and decide after he is 18 years old?

Juan Antonio Arreola
Juan Antonio Arreola
answered on Feb 20, 2020

You pose an interesting question. Is there any particular reason as to why the son does not want to become a U.S. citizen?

Derivative citizenship is very complex and case specific. However, as a general rule a minor, under 18 years of age, automatically acquires U.S. citizenship if (1) the...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: No this is not a relative this is a man who lives in Italy who wants to marry me
Stephen Arnold Black
Stephen Arnold Black
answered on Feb 14, 2020

Are you a US citizen? Discuss with counsel anywhere in the USA for a free consultation to explore your options.

2 Answers | Asked in Immigration Law for North Carolina on
Q: My I-485 application was denied. I’m doing a refile. Do I need to have a new medical record?
Stephen Arnold Black
Stephen Arnold Black
answered on Feb 11, 2020

The medical exam record becomes stale if submitted past the deadline. A review of your file would reveal if that’s the case. Consider working with an attorney so that precious time and filing fees are not wasted again. Your application will now be subjected to the new public charge rules that... View More

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2 Answers | Asked in Immigration Law for North Carolina on
Q: Can I move to another state for work relocation and leave my spouse in another state under condition green card?

Recently I have been given a 2 years conditional green card.

But I have got a very good job offer in another state.

Me and my partner have agreed that I can relocate for the job but I was very worried that relocating to another state might raise red flags during the removal of 2... View More

Amanda B Cook
Amanda B Cook
answered on Feb 4, 2020

In the current political climate, this would be ill advised.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: Can I still adjust my status?

I'm an undocumented immigrant from Nigeria. I came to the states legally on a visitor's visa and my parents overstayed (i was 7 when I got here). I've been living in the US since then and have pretty much built my life here and have a child here. I'm also married to a U.S... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 2, 2020

If you entered the country legally and your husband is a US citizen, he can sponsor you now for your green card despite that your visa has expired. Counsel in any state can represent you.

1 Answer | Asked in Immigration Law for North Carolina on
Q: My mom's green card expires this year. what are the steps we should take to renew it and keep her legal in the US?

Her country of origin is Ukraine. She has been in the US for 20+ years. She was married and divorced in the US. She had two kids in the US in that same marriage. Her divorced husband (my father) was a US citizen and passed away in 2008. she received child support from him till 2008 and after... View More

Allen C. Ladd
Allen C. Ladd
answered on Jan 27, 2020

She will file USCIS Form I-90. Go to www.uscis.gov/forms for the form and read the instructions carefully. There is a filing fee and a possible exemption from the fee. Good luck. S'bogim!

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