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Pennsylvania Immigration Law Questions & Answers

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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 answered on Oct 28, 2018

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

2 Answers | Asked in Immigration Law for Pennsylvania on

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

I'm Vietnamese. I've just got married to a US citizen in February 2018 and I'm in the process of waiting for my green card. I plan to go back to Vietnam for 1 month to visit my mom because she's really sick. The trip will be in December 2018. The USCIS has issued me an OPT/EAD card with Advance... Read more »

Hector E. Quiroga answered on Oct 25, 2018

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,... Read more »

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1 Answer | Asked in Immigration Law for Pennsylvania on

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

Will marrying outside the US hinder the Immigration process?

Hector E. Quiroga answered on Sep 17, 2018

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.

1 Answer | Asked in Immigration Law for Pennsylvania on

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

never worked on H1B pursuant to H1B approval notice.

My H1B petition was approved on 12/6/17 as COS and at that time I was out of job. I filed for H4 and received receipt dated 1/19/2108. Now on 7/27 I interviewed and was offered a full time role at a global bank. Can there be any possible... Read more »

Noah Klug answered on Jul 30, 2018

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.

2 Answers | Asked in Adoption, Family Law and Immigration Law for Pennsylvania on

Q: How to adopt a now adult step child?

My step father (a legal immigrant whom has a green card) of 28 years, id like to adopt me. I just like him to legally be my "dad" because he is the only father i know and we have been very close my whole life. How to go sbout and what steps to take.

Cary B. Hall answered on Jun 15, 2018

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... Read more »

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