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Pennsylvania Immigration Law Questions & Answers

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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2 Answers | Asked in Immigration Law for Pennsylvania on

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

Carl Shusterman answered on Jun 5, 2018

Yes, but you need to check if your native county permits dual citizenship.

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1 Answer | Asked in Immigration Law for Pennsylvania on

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

I'm trying to get a second citizenship and they will not accept my pennsylvania marriage license duplicate certificate. They want either another document proving our marriage, or an affidavit stating the duplicate certificate is an official document and there is nothing else. The courthouse we got... Read more »

Carl Shusterman answered on May 20, 2018

Ask the courthouse to provide you with a certified copy of your marriage certificate.

1 Answer | Asked in Immigration Law for Pennsylvania on

Q: I'm an American citizen by birth. I'm also a Grenadian citizen because both my parents are from Grenada & the Grenadian.

constitution says I am. I have both passports. Can I change my status from American citizen to permanent resident & only keep my Grenadian citizenship or do I fully have to expatriate?

Carl Shusterman answered on May 16, 2018

You would have to fully expatriate.

2 Answers | Asked in Immigration Law for Pennsylvania on

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

I have less than a month until my medical and interview but only realized since lately that she was not on it..

Shan Dimitris Potts answered on May 9, 2018

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....
Read more »

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2 Answers | Asked in Immigration Law for Pennsylvania on

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

The family home is taken over by the gang. The couple is elderly and in poor health. They have no home to return to. The couple are Jehovahs Witness. They have family residing legally in US. Unfortunately the family has no funds to apply through a legal firm for the Asylum

Matthew J Hartnett answered on Apr 26, 2018

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.

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2 Answers | Asked in Immigration Law for Pennsylvania on

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

For one more year. When im getting my 10 year green card or when im

Supposed tp apply for the 10 year? I was applying at the airforce and i can’t until i get the 10 year one

Matthew J Hartnett answered on Apr 26, 2018

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.

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2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Immigration Law for Pennsylvania on

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

I have a friend who is a foreign national that has been married for two years and has a son with an American citizen. The husband had an affair and became very psychologically abusive. (He also strangled his mistress and faces felony charges in another state.) Once my friend got a restraining order... Read more »

Kathryn Hilbush answered on Mar 21, 2018

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... Read more »

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2 Answers | Asked in Immigration Law for Pennsylvania on

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?

What are another options for her to immiigrate? Is it better if a request my sister or my father who is a green card holder to request her?

Hector E. Quiroga answered on Mar 5, 2018

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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1 Answer | Asked in Child Custody and Immigration Law for Pennsylvania on

Q: My husband told me I can lose custody of my child is that right?

We had been married for almost 5 years and today my husband told me if I get divorce of him probably the judge will give him full custody of the child because he has a car, full time job and he is a citizen. I said we both are paying for the car but he said but the car is only on his name is that... Read more »

Kathryn Hilbush answered on Feb 18, 2018

The fact that your husband has a full-time job, a car and is a citizen does not mean that he will get custody of your child. He's obviously trying to frighten you into not filing for a divorce. You really should consult with an experienced family law attorney in your area to discuss your rights and... Read more »

1 Answer | Asked in Immigration Law for Pennsylvania on

Q: Can L2 Visa holder travel outside United States without Advance Parole? Does it impact Adjustment of Status application?

I've applied Green card under EB1 category (India). Along with myself I 've applied for my family. I've applied I-485/I-765/I-131 for myself and my family.

EAD and AP got approved for myself, however AP got denied for my spouse. I've valid L1 visa and my family has valid L2 visa. Please... Read more »

Hector E. Quiroga answered on Feb 13, 2018

As long as the L2 visa is valid and you are returning to resume the activities for which you got the L2, then it should be possible. A concern would be why your spouse’s I-131 was denied.

1 Answer | Asked in Divorce and Immigration Law for Pennsylvania on

Q: I want to file divorce papers but I don't know if my ex will sign the papers as he's an immigrant.

What can I do to expedite the divorce proceedings?

Kathryn Hilbush answered on Feb 11, 2018

You can file for divorce. If he won't accept service by certified mail/return receipt requested, then you'll have to serve him by personal service, using a constable, sheriff, or process server. After that, how you proceed depends on the facts of your case. You'd do well to discuss this in person... Read more »

1 Answer | Asked in Real Estate Law and Immigration Law for Pennsylvania on

Q: still waiting for my green card to be approved through marriage and I currently have a work permit , can I buy a house?

My credit score is about 765. My husband has better score. Can we buy a house together or my absence of green card will slow down the loan process?

Hector E. Quiroga answered on Jan 22, 2018

You’d be better off checking with the bank. A work authorization, while it permits work and eligibility for a social security number, it isn’t evidence of lawful immigrant status. That lack of stability is likely to cause a bank some concerns.

1 Answer | Asked in Immigration Law for Pennsylvania on

Q: One of my adult ESL students is illegal but wants to marry his girlfriend who has a Green card. Can they marry?

They have been living together. They also have a baby now.

Peter N. Munsing answered on Jan 16, 2018

They can marry. It will likely not help him directly on a path to legalization. But they can get married. If they want information on immigration possibilities they need to consult a certified immigration specialist, who very often is an AILA member.

1 Answer | Asked in Divorce and Immigration Law for Pennsylvania on

Q: Can I cancel my spouse's greencard after 2 years of him getting it and living in the States?

Hector E. Quiroga answered on Jan 9, 2018

You cannot cancel it, no. If he has conditional residence, you can refuse to sign the Petition to Remove Conditions. He, however, can apply for a waiver of removal of conditions.

1 Answer | Asked in Immigration Law for Pennsylvania on

Q: I'm a Canadian with TN and job in US since 2007. Transferred to H1-B last year. When can I start Green Card process

Peter N. Munsing answered on Dec 15, 2017

Have you been here on an H1 for 6 years? If you are converting at that point your employer starts the process by filing a PERM. Then goes through recruitment then comes the 140, 145 then the petition to adjust.

Questions? Check with a local member of AILA--they tend to be specialists.

2 Answers | Asked in Immigration Law for Pennsylvania on

Q: I would like to know what options I have to obtain a green card

I am currently on F1 visa with 4 children

Edit Stelczner answered on Dec 13, 2017

You would need an extensive consultation and evaluation with an immigration attorney to determine your options. Generally one would need a sponsor- either an employer or a qualifying family member- to get a green card. Hope this helps a bit.

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1 Answer | Asked in Immigration Law for Pennsylvania on

Q: I was convicted of F2 burglary 12 years ago can I get a passport to leave the country?

Peter N. Munsing answered on Dec 9, 2017

Assuming it wasn't drug related I don't see why not, assuming you have no parole or probation currently. for anything. If you do your getting the passport would be violation of your probation or parole.. Check out the State Department guidelines.

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