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Pennsylvania Immigration Law Questions & Answers
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.

3 Answers | Asked in Immigration Law for Pennsylvania on
Q: she some1 apply for citizenship if married in 2000 was denied twice. 2009 got greencard through citizen daughter.

Should my mom apply for her citizenship.

After she was denied her greencard in 2000 but later received it through her child.

Kevin L Dixler
Kevin L Dixler answered on Jul 8, 2020

More information is needed, but this seems complicated, and perhaps, the USCIS made a mistake in granting lawful permanent resident status. In addition, the USCIS can get confused if steps were not taken to clarify how she qualified when approved.

As a result, I strongly recommend an...
Read more »

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Would attending full time classes online be possible while F2 to F1 COS is pending?

I’m currently in the U.S on F2 status and have applied for COS to F1 since I will be attending grad school this September. I’m wondering if it would be possible to attend classes full-time staying in U.S while my COS from F2 to F1 is still pending if school decides to go online/hybrid mode due... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jun 16, 2020

It is possible to study part time while in the US on an F2 visa; however, you want to avoid starting your master’s program until after your F1 status has been approved.

3 Answers | Asked in Immigration Law for Pennsylvania on
Q: So my EAD expired about 4 years ago and I have been staying in the US illegally and my child will soon be turning 21

Will I be able to be sponsored by them without a problem? I have been working in the US for the time being and paying taxes even after the EAD expired and I have 3 other U.S citizen children under the age of 21.

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 2, 2020

Hey, your child should be able to sponsor you with no problem assuming you are not inadmissible for any other reason. Even though you have stayed in the U.S illegally, there is forgiveness for immediate relatives of a US Citizen ( Spouse, Child Under 21, Parent).

***This message is not...
Read more »

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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: i am on (a)(10) status and my fiancee on H1B, but with lay offs,she might lose her job,can i merry her

if she looses her job, can my status benefit her in anyway?

Robert Roy Klein
Robert Roy Klein answered on Apr 21, 2020

You're in withholding status, which is no legal status and offers no protection. While you can marry, she wouldn't have any legal status or authorization to stay in the US.

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3 Answers | Asked in Criminal Law, Immigration Law and Personal Injury for Pennsylvania on
Q: Hi, i recently got assaulted by my ex's new man. Can a person with DACA sue that person? Can i get in trouble?

I have text messages of him getting upset that i was texting my ex. I wanted my shirt back of that she had and he was saying to stop texting her if not he can go about it another way. I texted him saying I'm not here to take her back or anything i just wanted to ask her a question about... Read more »

Cary B. Hall
Cary B. Hall answered on Apr 14, 2020

If you have an unsure immigration status, it's always risky to contact the police. I'm not an immigration attorney, and do not know about the nuances of your DACA status. You should speak to an immigration attorney about that.

In general, however, it sounds like this is not...
Read more »

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I have never left the country and I do have a ssn . By the way my wife is f2 .would it matter?
Robert Roy Klein
Robert Roy Klein answered on Apr 13, 2020

Fill out that non-filer form and see what happens. It would not matter if your wife is F2.

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Hello , I’m a f1 with 10 years .married with a USA son and never filed for taxes.Can we get the stimulus check?
Kevin L Dixler
Kevin L Dixler answered on Apr 13, 2020

NO! You must be a tax resident, not necessarily a lawful permanent resident, who has filed taxes in at least 2017 and 2018, where you were obligated to pay taxes. You may try to file late tax returns at this time. Its unclear whether or when the system will 'eventually' accept or... Read more »

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