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Pennsylvania Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Help with getting out of a agreement

Hello, recently I got in touch with a immigration lawyer to help file the K-1 Visa for my fiancée, I signed the agreement of a 200 per month for year of his services and paid the initial fee before representation which was 750 dollars., I haven’t filled the k-1 visa info or sent it back.... Read more »

Daniel Martin Hartzman, Esq.
Daniel Martin Hartzman, Esq. answered on Sep 20, 2019

It could depend on the language of the contract that you entered into with your attorney. I would suggest speaking with the attorney first, to see if you can come to some type of agreement on a refund or partial refund.

3 Answers | Asked in Immigration Law for Pennsylvania on
Q: I need to remove the conditions on my husbands green card, would a lawyer be able to file the paper work for me?
Matthew J Hartnett
Matthew J Hartnett answered on Sep 17, 2019

Yes, immigration attorneys routinely help clients file for removal of conditions. The key is whether you and your spouse are still together. If so, you would be providing uscis with an update.

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1 Answer | Asked in Criminal Law and Immigration Law for Pennsylvania on
Q: H1 b stamping with shoplifting charges

I recently got my H1 b approved and I’m planning to go to my home county for stamping. I’m afraid that my visa might get rejected given that I have a shoplifting charge on me. This incident happened in May 2017 . Total worth of stolen items was $158 . I had to attend the court and I paid the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

Depends on how you were charged. Suggest you get the advice of a certified immigration law specialist.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I married a Brazilian with a working visa in October 2004. We have a son together. He left in April 2005 no

Communication. I want to remarry but can not reach him by any means. I feel he used me to stay here.

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

Contact a family lawyer. If you know where he is it may be possible to serve him by mail. If however you don't know then you have to go through Brazillian procedures for service of process. Suggest you start by contacting a family law attorney.

1 Answer | Asked in Immigration Law and International Law for Pennsylvania on
Q: I am married who lives in US, PA and wife is my 1st cousin she lives outside the US.

I am married who lives in US, PA and wife is my 1st cousin she lives outside the US.

can I file i130 form for her without problems even it is illegal from marrying 1st cousin under Pennsylvania law.

I am already married I only need to bring her to US.

Hector E. Quiroga
Hector E. Quiroga answered on Aug 8, 2019

As long as the marriage is legitimate where it takes place and the state in which you intend to settle in the US recognizes it, too.

4 Answers | Asked in Immigration Law and International Law for Pennsylvania on
Q: If I am married Can I file for i129? If not what is the the fastest way just to bring my wife to US? I am US citizen.

I am a US citizen who is married but wife is in another country.

Sheri A Benchetrit
Sheri A Benchetrit answered on Jul 31, 2019

You can either file a K-3 marriage visa which does use the form I 129 (and also the form I 130) or you can file a stand alone I 130. The first would take minimally 6 months to a year, and once approved would give your wife a marriage visa to come to the US. Once she is here, then you would file... Read more »

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: can you work in united states while waiting for green card approval
Deron Edward Smallcomb
Deron Edward Smallcomb answered on Jun 6, 2019

You can work with work authorization. You should contact an experienced immigration attorney to discuss the process and determine if you are eligible for that benefit.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Is a Self-uniting/Quaker marriage license okay for immigration purposes? Will the marriage certificate be legal?

I’m planning to get a self-uniting marriage license to do my own wedding. Is it oficial to apply for a GC afterwards? I know it’s legal in PA, but not in every state, so I’m confused if ICE would accept a marriage certificate that came from a ser-uniting/Quaker license.

Kelli Y Allen
Kelli Y Allen answered on May 27, 2019

In general, if the marriage is legal in the place where it is performed, USCIS will recognize it as a legal marriage.

Q: If a policy holder is a risk class: non- tobacco and has used tobacco under contract, can this person be prosecuted

Pertaining to medicare supplement insurance.

Peter N. Munsing
Peter N. Munsing answered on Apr 19, 2019

Not prosecuted but if it turns up in the medical records they could drop you or re-rate you. Sorry, the person.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: What is the grace period to leave US after H-1B maxes out (6 year limit) and the I-140 has not yet been approved?

I am in a situation where my H-1B maxes out (6 yrs) in a month and my PERM ETA 9089 is being sent out now. My H-1B can potentially be extended for about 2.5 months based on my absence from the US in the last year (i.e. since the last extension), but my employer is reluctant to do so (owing to... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Mar 20, 2019

8CFR§214.1(l)(2) provides for a 60-day period or until the authorized stay expires, whichever is shorter.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Long distance relationship advice.

My girlfriend lives in Malaysia. I am currently permanent resident since 2013 and waiting for neutralization interview. We're planning to visit Malaysia and marry once I become citizen. Is it the best option for us? What would be the whole process of her becoming permanent resident and be able to... Read more »

Kelli Y Allen
Kelli Y Allen answered on Feb 28, 2019

Contact an immigration for a full analysis. There are different options and processing times.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: F1 Student, re-entry, new i20, new SEVIS

I'm an F1 student who unknowingly engaged in unauthorized work with some employer previous semester. When I came to know about this being a violation, I immediately reported to my immigration department at the college. They are stressing me to take new i20 and make a short re-entry to the US.... Read more »

Kelli Y Allen
Kelli Y Allen answered on Jan 22, 2019

I recommend hiring and immigration attorney who can fully analyze the issue and offer suggestions.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: If I’m here in the us on a travers visa can my father petition for me now.

Also can I stay and work while I wait for my green card.

Kelli Y Allen
Kelli Y Allen answered on Jan 8, 2019

Depending on whether your father is a USC or LPR, whether you are under 21, and whether you are married or not, your father may be able to file an I-130 petition to "get you in line" for a visa number. Unless there is a visa number immediately available (which would only be the case if your dad is... Read more »

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can I appeal or do a motion if my visa was denied back in 2009.

My father petition to me when he was a resident and I was still legally married . Then around 2008 I got a divorce and than went to my consulate interview a year later. they denied me for being married , and considerate it fraud to divorce my ex so soon to my interview. Also I did Provide proof... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 7, 2019

Your father may file a new petition. The first case was correctly denied because you were married while the petition was pending; permanent residents may only sponsor unmarried children.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: My husband has his immigration 1st interview coming up and I have to be there. I have warrants though.
Allen C. Ladd
Allen C. Ladd answered on Jan 5, 2019

You know what you need to do about those warrants, so it's best to do that or your husband's case can't fo forward. He needs you there.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: What is the difference between Motion to Appeal and Motion to Reopen?

I have an H1B denial and what is best to do in this case? MTA or MTR? What is the hope that the denial could be converted to Approval for a denial cause of specialty occupation for an Technical Recruiter working in an IT Staffing firm?

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

An appeal asks a different authority to review the same facts in a case in hopes of coming to a more favorable decision. A motion to reopen is made when new facts have become available. It is made to the same authority that made the original decision.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can I travel out of United States as I’m not an us citizen..I’m an international student working on OPT

I was caught shoplifting back in may 2017 I was given a citation and I attended to court and paid the fine.I was never got finger printed..It was a first degree misdemeanour ..I don’t have any other any other criminal cases on me..I was on probation for 3 months after the court date which ended... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 13, 2018

Shoplifting is a deportable offense; if you travel outside the US, you might not be let back in. At the very least it will make reentry difficult.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: What to do after obtaining proof of US Citizenship?

I was born on a US Military base in Okinawa Japan. I was told that my US birth certificate was missing and they reissued my Japanese birth certificate but not my US one. My mom who was a Japanese citizen divorced my US citizen father, changed our names remarried and we ended up in the US on a... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 3, 2018

you need to get your base hospital records. Your record may also have been registered with the service and /or the consulate under your dad's name. If the divorce happened when you had returned to the US, for that transit you would have had a passport, or at least a travel document. For that... Read more »

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can an undocumented immigrant get married to a US citizen and get a green card without going back to their country?
Peter N. Munsing
Peter N. Munsing answered on Oct 28, 2018

This depends on a whole cascade of issues. Short answer is "yes, but it depends" and "maybe yes, maybe no." If you are asking for yourself you need to contact an attorney who is a member of the AILA or is under Pennsylvania Court Rules a certified Immigration Specialist.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: If my husband gets a job offer in Amsterdam, is there any reason I wouldn't be able to get a visa there too?
Peter N. Munsing
Peter N. Munsing answered on Oct 28, 2018

1) are you a US citizen? 2) if so, did you ask the Dutch Embassy? They would know best.

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