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Pennsylvania Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Pennsylvania on
Q: What are the first steps for getting U.S. citizenship for my Swedish boyfriend?
Edit Stelczner
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Edit Stelczner
answered on Dec 1, 2017

Assuming you are a US citizen and you are getting married, you can sponsor him for a green card application by filing form I-130 as a first step. If he is in the US in non-immigrant status he may be able to adjust status while staying in the US otherwise the next steps will be completed through... View More

1 Answer | Asked in Domestic Violence, Family Law, Immigration Law and Divorce for Pennsylvania on
Q: Hello I am the victim of domestic violence . I was on dependent visa but i am mother of two kids, both are Amricans

My husband used to abuse me sextually, hit me many times and turture me mentally and physically ,blackmail me too. Last time when he hit me, i called on 911 soon after my husband sent me to my parents home (India)with kids in 2016. After that he didnt contacted me nor helped us not even financial.... View More

Myron Morales
Myron Morales
answered on Oct 31, 2017

If your spouse was a US citizen or Lawful Permanent Resident, you should look into a VAWA petition. If not, then you would need to file a police report and look into a U visa petition.

1 Answer | Asked in Workers' Compensation, Child Support and Immigration Law for Pennsylvania on
Q: My children father is not a us citizen and does not have his paper can i take him for support and will he get deported
Richard Alan Jaffe
Richard Alan Jaffe
answered on Oct 27, 2017

Please note this question was asked in the wrong forum/category. This would best be asked of a domestic relations attorney.

Good luck

1 Answer | Asked in Immigration Law and DUI / DWI for Pennsylvania on
Q: My boyfriend was picked up for dui in york will he be able to post bond

Will he be able to come home after posting bond

Matthew J Hartnett
Matthew J Hartnett
answered on Oct 18, 2017

I'm sorry that your boyfriend was picked up. Do you have a lawyer? If not, I would recommend discussing this case with an attorney. The Judges in York don't automatically give people bonds, especially when there is a criminal history. He has a better chance to get bond if he is... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Overstayed 10 months. Current file priorty date may 13, 2013. Petitioned by my mom. What's going to happen to my file?

My grandmother filed for my mother when I was 11 years old. I turned 21 before they got through so I was not granted the opportunity to come to the US with her. She is now a US citizen and filled for me. It's been over 4 years. I am currently in the US and have overstayed on my visa 10 months... View More

Matthew J Hartnett
Matthew J Hartnett
answered on Aug 16, 2017

Please do your self a favor and schedule a consultation with an immigration attorney, preferably an AILA member, as soon as possible. Generally speaking, preference petitions aren't eligible for adjustment of status when the applicant has overstayed their visa. But for case specific... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: My court is in Pittsburgh, and i have attorney but he is not giving full information about court.

Like what happens after court. How much time i will be given to do documents. And am i eligible tl work while doing documents?

Matthew J Hartnett
Matthew J Hartnett
answered on Aug 15, 2017

If you have a lawyer, you should work with your lawyer and ask him these questions. If your lawyer is unresponsive, you have the right to change lawyers.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Hello, i was recently released under the bond, and given time to make documents to become legal resident.

But i dont know what kinda options i have except asylum and marriage. Please can u give me advice what to do.

Matthew J Hartnett
Matthew J Hartnett
answered on Aug 15, 2017

If you were released on bond from York County Prison, you will have court in Philadelphia soon or on the Pittsburg docket depending where you live. I would strongly recommend consulting with an immigration attorney as soon as possible. When were you released from DHS custody?

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can an undocumented immigrant legally have a driver's license in Pennsylvania?

If yes, what's the process to get it?

Matthew J Hartnett
Matthew J Hartnett
answered on Aug 3, 2017

Not unless you have a work authorization card. PA DMV always asks for proof of immigration status. With a valid employment authorization card, you can obtain a driver's license in PA. Otherwise, unless you are an asylee, permanent resident or US citizen, it would not likely be possible.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Pennsylvania laws on immigrant marriage. Can the immigrant still get deported after marriage?

There is an undocumetned immigrant who has been in the country for 4 years. If she gets married with a US citizen, can she still get deported? If it's possible, what are the chances, or what could cause a deportation?

The marriage is real, and the person has no criminal history at all.... View More

Matthew J Hartnett
Matthew J Hartnett
answered on Aug 1, 2017

Yes, it's possible, what whether or not removal proceedings would be initiated against a person (or have been in the past) is a case-by-case analysis that should be done by an immigration attorney. Being married to a US citizen for many is the first step in trying to become a permanent... View More

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Hi. I would like to know how are the laws about marrying an undocumented immigrant in Pennsylvania.

If the undocumented immigrant marries a US Citizen, is there a chance to still get deported after being married and successfully passing the interview and receiving a green card? Can the person still be deported, or after marrige the laws are protecting that person and there is no way to get... View More

Juan V. Cervantes
Juan V. Cervantes
answered on Jul 31, 2017

If I am not mistaken, you are asking is if a person marries a USC, successfully passes the interview, and obtains a green card, can they still be deported?

The answer is yes. While that person is not a USC, they are still deportable. Although they are deportable for any number of...
View More

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Husband didn't file taxes for recent yr. Got transcripts for 2014 and '15. Can we show pay stubs from his job for recent

I'm filling out the i864 now and I'm really confused on what to do. He just never filed taxes this yr. said he didn't want to. Idk about this tax situation to give an input so I just left it alone. He makes enough to support us ( me and 2 kids) but how do we prove that? His current... View More

Matthew J Hartnett
Matthew J Hartnett
answered on Jul 28, 2017

If he is working, he has to file taxes. There is really no way around that unless he has no income. If he didn't have an income for 2016, in theory he wouldn't need to file, but yes, you would still need a joint sponsor (assuming your husband is a US citizen and filing for you).

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: My U.S citizen spouse died 3 days ago can i file an i-360 petition fow widower but we never file anything in the past!

I never filed for the i-130 because i didn't married for immigration benefits !

Matthew J Hartnett
Matthew J Hartnett
answered on Jul 25, 2017

I'm very sorry for your loss. Yes, you can file an I-360 even if you never filed an I-130 (assuming you don't remarry and assuming you weren't legally separated at the time of your spouse's death). Please also keep in mind that you must file the I-360 petition within 2 years... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Hello H4 travel during h1b extension

Hello

H4 travel during h1b extension - My h1b extn is in process and i will reach my 240 day limit on Aug 6th 2017. My wife/daughter are travelling to US on Aug 8th 2017. They have their I 94 valid till sept 2017. Do they have any problem ?

My current petition expired on Dec 2016.... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 6, 2017

You need to consult a member of AILA--a certified immigration attorney. It's worth the price of the consult to get good advice.

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Hi, my green card interview today was put for further review

Hi, my green card interview today was put for further review regarding a testimony on my B2 visa which I said I was married at that time while infact I was divorced but we are reconciliating...Please advise course of action...

Peter N. Munsing
Peter N. Munsing
answered on Jul 6, 2017

Contact a member of AILA the American Immigration Lawyers Association. These days mistatements are being viewed seriously.

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: FDA fod facility point of contact F1 visa OPT

I am on OPT F1 visa, a company in India has asked me to be their USA point of contact for FDA food facility registration. I will not and do not get paid for this nor do I or will I work for this company. Will accepting violate my visa status? The point of contact is responsible to alert the... View More

Roger Carl Algase
Roger Carl Algase
answered on Jun 17, 2017

Unpaid activities are not considered as employment for immigration purposes. Even if they were considered to be employment, F-1 OPT allows just about any kind of employment or work activity that is related to one's field of study. It is difficult to imagine how the activity you describe could... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: My Fiance came with Visa to the united state. now his visa is expired and we are trying to get married. cant be this be

Cant this be a problem.?

Matthew J Hartnett
Matthew J Hartnett
answered on May 17, 2017

Are you a US citizen? If you are, that issue specifically wouldn't be a problem as long as your fiance was inspected and admitted (with a visa). Consider contacting an attorney to discuss in further detail.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I want to become a citizen, im a green card holder since 1986. However, i have pleaded guilty to 4 traffic violations

Two of the violations are vtl 511.1a

And two more are vtl509.1

They were in New york city during the following years 1994, 1995, 1999 and 2003.

Can i apply to my naturalization papers with this violations?

Matthew J Hartnett
Matthew J Hartnett
answered on May 15, 2017

Generally speaking, traffic violations shouldn't be problematic for naturalization, as long as the fines are paid, and as long as they are not DUIs. Consider a consultation with an immigration attorney for assistance.

1 Answer | Asked in DUI / DWI and Immigration Law for Pennsylvania on
Q: Why can't he get his bail?

My dad got arrested..he did his 7 days in prison and then ICE showed up and said they would take him to the immigration prison even though he had a DUI.. my dad isnt able to get a bond because he left the country but he left with permission from immigration because he has a TPS. He got his passport... View More

Matthew J Hartnett
Matthew J Hartnett
answered on May 15, 2017

Your dad might be bond eligible. It depends which judge and how many arrests he has and when they occurred along with other equities. Is he in York County Prison? or Pike? If so, you should consult with an attorney before his next hearing before the Judge in York.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Will the priority date for my i-130 also apply to my i-485?

We submitted the i-130 and i-485. The i-130 was accepted and I received the 797 notice of action for it. This notice has a priority date. The i-485 was however rejected because a priority date could not be determined. I want to know if the priority date on the i-130 would also apply to the i-485.... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Apr 28, 2017

More information is needed to determine why the I-485 was denied. However, based on what you have stated it may be that you are not entitled to adjust status immediately and you must wait to file the I-485 until the I-130 is approved and the priority date reached.

To know specifically what...
View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I entered the US in 1991 at the age of 19 on a visiting visa, I later filed for asylum and was granted. I later signed

For selective service and is entitled to benefits and filing for US Citizenship. Can I file with an asylum status? Just received a letter from selective services stating that you remain eligible for programs and benefits linked to registration compliance, such as student financial aid, government... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Apr 25, 2017

After one year with asylum status you should apply first for your LPR status. You must be an LPR before you can become a USC.

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