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North Carolina Immigration Law Questions & Answers
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... View More

Hector E. Quiroga
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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...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: What is the deadline to apply for a change of status from B1 Visa to F1 Visa?
Kyndra L Mulder
Kyndra L Mulder
answered on Dec 14, 2020

You may only apply to change your visa while your B1 is current. If you overstay you can not.

2 Answers | Asked in Immigration Law for North Carolina on
Q: I am a naturalized US citizen. My brother asked for asylum in the US. Can I petition him with the I-30 while his pending
Adan Vega
Adan Vega
answered on Dec 10, 2020

As a U.S. citizen, you can file the relative petition , FORM I-130, on behalf of your brother. The request for asylum by your brother is not an impediment to the FORM I-130.

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2 Answers | Asked in DUI / DWI and Immigration Law for North Carolina on
Q: My boyfriend(illegal) was arrested for dui(2nd time), driving my car. It was seized by state. How do I get it back?

My boyfriend,age 25, has been in US since he was a child, illegally. He's never had a us license. He got arrested at age 19 for dui. He was arrested yesterday for dui(out on custody release). I am the owner of the car, and was unaware that he'd been drinking. I was asleep in passenger... View More

Kevin L Dixler
Kevin L Dixler
answered on Nov 29, 2020

More information is needed. Who took the car? Where?

The car probably was likely taken for reasons other than immigration. Find out why! It may have been impounded for a search warrant.

If there were drugs found in the car, it can be forfeited. Find out whether it was...
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2 Answers | Asked in Immigration Law for North Carolina on
Q: Can former DACA recipients apply for a tourist visa?

I am a DACA beneficiary since 2012. If I leave the US voluntarily renouncing all DACA benefits, how easy (or how hard) would it be to apply and be granted a tourist visa to visit the US in the future as a simple tourist?

Mario Musil
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Mario Musil
answered on Oct 29, 2020

If you leave the US, you will trigger the 10 year ban, preventing you from returning to the US with or without a visa for 10 years.

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3 Answers | Asked in Immigration Law for North Carolina on
Q: If my current greencard expired while waiting to receive the renewed card, how could I keep my job?

To be precise, I haven't been able to file for greencard renewal at this point. I will most likely not going to get a renewed card before the expiration. I currently work full-time. What needs to be done to keep my job after I submit I-90 for greencard renewal? Thank you,

Stanley Dale Radtke
Stanley Dale Radtke
answered on Oct 20, 2020

This quote is directly from the USCIS website.

"If you need evidence of your lawful permanent resident status while waiting to receive a replacement Green Card, we may issue you an Alien Documentation, Identification & Telecommunications (ADIT) stamp after you file this form."...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: Household I -944 ...

My spouse and Kid are back to my home country 2017. My wife is working there. They are not living with me and are not part of my tax etc.

I am applying I-485 for myself, will my wife and kids will be considered as a Household or not in I-944?

As per instruction seems - No Please... View More

Ify Princess Ikeakanam
Ify Princess Ikeakanam
answered on Oct 3, 2020

Hey, for the I-944, your household members include spouse or children under the age of 21 not physically residing with you but you provide at least 50% of thier financial support.

I suggest that you consult with an experienced Immigration attorney to review your I-944 and ensure that you...
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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
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
PREMIUM
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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