Pennsylvania Immigration Law Questions & Answers

Q: If I’m here in the us on a travers visa can my father petition for me now.

1 Answer | Asked in Immigration Law for Pennsylvania on
Answered on Jan 8, 2019
Kelli Y Allen's answer
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 a USC and you are unmarried and under 21) , you are not allowed to wait in the U.S.

You would need to comply with the terms of your visitor's visa and when a visa number is available...

Q: Can I appeal or do a motion if my visa was denied back in 2009.

1 Answer | Asked in Immigration Law for Pennsylvania on
Answered on Jan 7, 2019
Allen C. Ladd's answer
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.

Q: My husband has his immigration 1st interview coming up and I have to be there. I have warrants though.

1 Answer | Asked in Immigration Law for Pennsylvania on
Answered on Jan 5, 2019
Allen C. Ladd's answer
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.

Q: What is the difference between Motion to Appeal and Motion to Reopen?

1 Answer | Asked in Immigration Law for Pennsylvania on
Answered on Nov 16, 2018
Hector E. Quiroga's answer
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.

Q: Can I travel out of United States as I’m not an us citizen..I’m an international student working on OPT

1 Answer | Asked in Immigration Law for Pennsylvania on
Answered on Nov 13, 2018
Hector E. Quiroga's answer
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.

Q: What to do after obtaining proof of US Citizenship?

1 Answer | Asked in Immigration Law for Pennsylvania on
Answered on Nov 3, 2018
Peter Munsing's answer
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 check with the department of state.

A good place to start may be your dad's service record. You may need to file an FOI.

Somewhere there is a support group for children of US personnel....

Q: Can an undocumented immigrant get married to a US citizen and get a green card without going back to their country?

1 Answer | Asked in Immigration Law for Pennsylvania on
Answered on Oct 28, 2018
Peter Munsing's answer
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.

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?

1 Answer | Asked in Immigration Law for Pennsylvania on
Answered on Oct 28, 2018
Peter Munsing's answer
1) are you a US citizen? 2) if so, did you ask the Dutch Embassy? They would know best.

Q: Should I travel outside of the US with Advance Parole while waiting for the green card?

2 Answers | Asked in Immigration Law for Pennsylvania on
Answered on Oct 25, 2018
Hector E. Quiroga's answer
It is more than likely that you will not have issues coming back in, based on what you said. You may or may not have unlawful presence; based on what you said, it’s unclear. If you do, leaving will not trigger the 10-year bar under the circumstances. So if you are otherwise admissible—no fraud, no criminal backgrounds, or other considerations, it is unlikely you will have problems. To be sure, you can consult with an immigration attorney.

Q: If a US citizen marries a Malaysian citizen, in Malaysia, will the marriage be recognized here?

1 Answer | Asked in Immigration Law for Pennsylvania on
Answered on Sep 17, 2018
Hector E. Quiroga's answer
Generally, no. The US recognizes marriage performed abroad as long as they are recognized as legitimate marriages in the jurisdiction in which they are performed.

Q: 12/6/17,New H1B approved,but out of job & applied H4,received H4receipt 1/19/2018. Can new employer do H1B transfer

1 Answer | Asked in Immigration Law for Pennsylvania on
Answered on Jul 30, 2018
Noah Klug's answer
This is a gray area. The immigration team is correct that if you never "activated" your H-1B by working for your H-1B employer for even one day, then it is questionable whether you ever technically held the H-1B status and were counted against the cap.

Q: How to adopt a now adult step child?

2 Answers | Asked in Adoption, Family Law and Immigration Law for Pennsylvania on
Answered on Jun 15, 2018
Cary B. Hall's answer
Your situation is not uncommon, and it's great that you both would take this formal action to solidify your relationship. Often your local court of common pleas (the big courthouse in your county seat) has forms that you can obtain and use as a guide. Contact the "Prothonotary" of your local "Orphans' Court" and ask them. You'll need to file paperwork and a filing fee, and then you'll need to appear in court at a hearing.

Question, however: is your biological father still alive? If...

Q: Does the US let you be a dual citizen of your home country if you decide to apply to become a US citizen?

2 Answers | Asked in Immigration Law for Pennsylvania on
Answered on Jun 5, 2018
Carl Shusterman's answer
Yes, but you need to check if your native county permits dual citizenship.

Q: Where can I get an affidavit proving marriage certificate is valid?

1 Answer | Asked in Immigration Law for Pennsylvania on
Answered on May 20, 2018
Carl Shusterman's answer
Ask the courthouse to provide you with a certified copy of your marriage certificate.

Q: I'm being filled for by my stepfather but I recently had a baby.What are the procedures in adding my baby to the file

2 Answers | Asked in Immigration Law for Pennsylvania on
Answered on May 9, 2018
Shan Dimitris Potts' answer
Hello,

More information is needed. When you say you are being filled by your stepfather, what is the filling? There are ways you can add your baby to an existing petition with the USCIS and it depends on what kind of petition it is. Talk to an attorney in private.

All the best.

-Shan Potts

www.pottsmartinez.com

+1 (323) 803 7147

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years...

Q: A couple enters US on legal Visa. During visit, their son and Nephew are murdered by a local gang. Asylum?

2 Answers | Asked in Immigration Law for Pennsylvania on
Answered on Apr 26, 2018
Matthew J Hartnett's answer
Possibly. They should contact non-profit organizations such as Nationalities Service Center or HIAS for assistance preparing an asylum application. Also, some private lawyers take pro bono cases depending on the facts or circumstances.

Q: I got my green card on june 6/6/16. I applied with the form 175 and got a response that my green card was extended

2 Answers | Asked in Immigration Law for Pennsylvania on
Answered on Apr 26, 2018
Matthew J Hartnett's answer
I-751s take a long time for USCIS to adjudicate. As long as you filed your I-751, that acts as an extension as you have stated. You will get the 10 year card when you I-751 is approved.

Q: Can an American citizen have his wife deported to spite her and keep their child?

2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Immigration Law for Pennsylvania on
Answered on Mar 21, 2018
Kathryn Hilbush's answer
She should see if she can qualify for representation by the legal assistance agency in her county. If not, sometimes the bar association in the county has a panel of lower cost attorneys available to assist in matters, although perhaps not immigration. Sometimes local domestic violence organizations have attorneys to refer her to. Or she can borrow money from friends to retain an immigration attorney who can work to keep her here in the US. That's probably her best resort at his point as she...

Q: I’m a citizen and I would like to bring my married sister. Can I still do it with all the changes that Trump is planing?

2 Answers | Asked in Immigration Law for Pennsylvania on
Answered on Mar 5, 2018
Hector E. Quiroga's answer
Any petitions filed prior to changes in an immigration laws (and Trump can’t change them on his own) should be honored. Your father cannot petition your sister because she is married. If he becomes a citizen he can.

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