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Pennsylvania Immigration Law Questions & Answers
3 Answers | Asked in Immigration Law for Pennsylvania on
Q: If I over stay my non- imgrant visa is there a way for me to live in the u.s legally and work
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 17, 2021

Impossible to answer as your note lacks essential facts. But even generally, a visa overstay begins to acquire unlawful presence and one that time exceeds one year that visa overstayed foreign national triggers a statutory ten year inadmissibility finding.

Secondly, that alien is not...
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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: My father in law filled out papers to bring his daughter to the US and is using his son’s ( my husband’s) income to meet

The requirements to sponsor her So my husband filled out an I-864A. Now, me and my husband filled our taxes together so does that mean I also have to fill out a I-864A because my income is also on the income tax return he is providing?

Kyndra L Mulder
Kyndra L Mulder answered on Sep 7, 2021

You fill out the I-864A only if you intend to be joint sponsor/household member. Your husband will need to provide proof of HIS income stated on the joint tax return. Your share of the income on the return can not be considered for meeting the financial requirement unless you complete an I-864A.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Hello! I do have a question. I am 20 going on 21 I've been here for 10 years plus. My mom became a citizen before

I came to America. She did not put in my citizenship and my green card have been expired

Can I put in my citizenship under my mom at 21?

Or do I have to do it the regular way?

Kyndra L Mulder
Kyndra L Mulder answered on Aug 30, 2021

Even though your green crd has expired your status as an LPR has not expired.

If your mother became a USC before you turned 18, you have acquired citizenship through her.

1 Answer | Asked in Immigration Law and Sexual Harassment for Pennsylvania on
Q: Ola eu sou brasileira estou precisando urgentemente de um advogado alguem pode me ajudar? sei um pouco de spanhol

Id* 213596061

Caitlin Costello Faye
Caitlin Costello Faye answered on Aug 16, 2021

Olá, ficaria feliz em ligar para você e ver se podemos ajudar! Deixe-nos saber como podemos entrar em contato com você.

2 Answers | Asked in Domestic Violence, Criminal Law and Immigration Law for Pennsylvania on
Q: I was recently incarcerated, I’m an immigrant the charge was domestic but I didn’t do it.

They charged me with strangulation and assault but I didn’t do it, because i have an accent they say the body cam says I admitted to it( not true). They also said I had former charges that they pinned on me but the charges date back to the 90s when I was still a child in Jamaica. My public... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Aug 2, 2021

You should immediately contact an immigration lawyer from the JUSTIA directory or the American Immigration Lawyers Association directory. Pleading guilty to criminal offenses can have extremely serious results like deportation if you are not a US citizen. Even if you are a citizen a guilty plea can... Read more »

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: USCIS has not acknowledged receipt of I-485. Can the applicant reside in the US beyond her visit departure date?

Hello, we have filed an I-130 and an I-485 for my mother-in-law who is currently in the US on a visitor's visa. UPS confirmed that the documents reached the USCIS office months ago, but we haven't heard anything from them. At what point are those forms considered "pending",... Read more »

Agnes Jury
Agnes Jury answered on Jul 12, 2021

The Adjustment of Status is considered "pending"/in processing from the time it is received. So your mother-in-law is not accruing unlawful presence from the time the application was received. Best wishes!

1 Answer | Asked in Contracts, Foreclosure, Immigration Law and Real Estate Law for Pennsylvania on
Q: If the recorded information on a deed is completely false do a agreement based on it stand?

If the information on a property deed is false can a agreement be made based from it

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

The agreement refers to the deed. If the deed does not accurately describe things then you may have a claim with the title insurnace company or others. I suggest you review this with an attorney who handles real estate matters.

1 Answer | Asked in Criminal Law and Immigration Law for Pennsylvania on
Q: Can my brother come back to the states from Korea after leaving without finishing his cases in 2015?

My younger brother as an international student was charged with misdemeanor and felony in 2015 in Philadelphia but left for Korea due to his medical conditions without finishing his hearings. Per my search, his cases had active warrany but now they are inactive. I'd like to hire a lawyer who... Read more »

Adan Vega
Adan Vega answered on Mar 20, 2021

You and your brother will need to engage an experienced criminal law attorney in the jurisdiction where the charges were filed.

Good luck to you.

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Visitor visa overstay by 4 days, after applying for extended stay. Will there be issues in reentry to the US?
Adan Vega
Adan Vega answered on Mar 2, 2021

Your B-1/B-2 non- immigrant visa has been cancelled by operation of law after you overstayed the authorized period that was granted by CBP at the U. S. port of entry. Hence you may not be allowed entry after your departure from the U.S. unless you obtain the B-1/B-2 visa at the U.S. consulate.

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: My husband has a i-485 adjustment for status interview (marriage based) coming up and had some questions.

As a petitioner, am I required to take a birth certificate with me to his interview? I don’t have my birth certificate and only have my U.S passport which states that I was born in the U.S...... my second question is that my husband submitted a medication examination form back when he was in his... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2021

If it was a 693 not necessarily. Here's the instructions on the 693:

https://www.uscis.gov/sites/default/files/document/forms/i-693instr.pdf

The exam is valid for 1 year before the I485. So if he files the I485 now, the question is did he get the exam a year ago? If more than a...
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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Hello good morning . I am a undocumented immigrant that need some advice my wife died and I really need help

Is there any approach into being neutralized as a widower to an American citizen

Stephen Arnold Black
Stephen Arnold Black answered on Feb 9, 2021

Yes it’s possible, but a lot more facts are needed to determine whether you qualify. Discuss your case with counsel privately to determine your options.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can I appeal a denied I-485 due to ineligibility at the time of filing as I didnt had or sought a waiver for the 2 year

I am a J1 student. I applied for the Non-objection waiver on October 2017. I got an approved I-130 on January 2018 and applied for a I-485 in March 2018. I received an approved outcome from the U.S. Department in November 2020 and a granted a I-612 in December 1 2020 prior to their denial in... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Dec 29, 2020

You will need to refile the I-485.

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Naturalization with expiring conditional green card. Should I renew my green card/ remove conditions/ change/ etc?

I applied for naturalization with qualifying military service in October 28th. USCIS's estimate case completion is July 2021 and my conditional green card expires in May 1st, 2021. Do I need to apply to remove conditions on my card/ renew card? Thanks a lot for reading this!

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Dec 17, 2020

They will not process your naturalization until your removal of condition is finalized and generally you can only apply for the removal until 90 days before the two years are up

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I want to use Medicare since my family have little money, will this affect my chances of getting a permanent green card?

I'm under type Immigrant Visa for a Spouse or Fiance of a US Citizen. I'm currently using my husband's company health insurance but it's very expensive. I want to switch to Medicare but will this affect my chances of receiving a permanent green card (I already hold a temporary... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Dec 1, 2020

Yes. This may effect your ability to adjust status. It may also result in your financial sponsor being liable for your medical bills if incurred. The purpose of the I-864 is to insure that an immigrant is financially taken care of and will not depend on any tax payer benefits.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can my 20 year old son petition for me before his 21st birthday. He'll be 21 on 1/17/2021. Can we begin the application?
Adan Vega
Adan Vega answered on Oct 30, 2020

Your son can file the FORM I-130 with USCIS on your behalf ( as his parent) if he is a U.S. citizen and he is 21 years of age or older.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I am on H1B, my children are born citizens. Can they continue to go to school if I were to change my status to B2?

Changing status from H1B to B2 due to job loss or personal reason, need additional time to dispose things in the states.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Aug 30, 2020

Supreme Court case law affords children an education up through and including high school, notwithstanding their immigration status. Of course, a child in B-2 visitor status who attends school would be violating the terms of his/her visitor status, but the school would not (should not) prevent the... Read more »

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: How can i change the status of my now married sister for I-130.

I filed for my sister when we was unmarried. But now she is married and has a child. How can i change the status of her application and add her spouse and child? I only received a receipt number.

Adan Vega
Adan Vega answered on Aug 12, 2020

You and your sister can announce the additional derivative family members when the case is approved by the USCIS and is forwarded to the National Visa Center.

Good luck to you.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can I continue my graduate studies while changing status from F-2 to H-4 given that my F-2 is now expired.

My husband recently changed hi status to H1-B, effective from 6/1/2020. That is the same date that my F-2 expired on.

For Now, I only have the receipt notice from USCIS.

Also, can I travel to my home country to get my visa from there if the US embassy reopened while I filed for the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 3, 2020

H4 visa holders can study in the US, and yes, assuming you can travel you should be able to return to your home country to apply for a visa abroad.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Don't want to overstay my visa, but my country is closed because of Coronavirus. What can I do?

I am in Philadelphia on a student visa. I completed my Optional Practical Training, and my work permit expired July 9, but I have a two month grace period to leave the country. However Venezuela is not admitting international flights due to the pandemic. I don't want to overstay my visa and... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Jul 28, 2020

You should meet with an attorney to discuss all of your options. One option may be to file to change status to from F-1 to B-2. But before you make that decision, consider consulting with an attorney.

1 Answer | Asked in Family Law and Immigration Law for Pennsylvania on
Q: What would I need in order to get married if my partner is not a U.S citizen in PA?

He does not have a ssn, or a green card.

Kyndra L Mulder
Kyndra L Mulder answered on Jul 10, 2020

Check with your local clek of court regarding identification required to marry.

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