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Pennsylvania Immigration Law Questions & Answers
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
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
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
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
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
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
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
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
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
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
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
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?

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 »

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?

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
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
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
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
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
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
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 »

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