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South Carolina Immigration Law Questions & Answers

1 Answer | Asked in Immigration Law for South Carolina on

Q: Advised K1 visa has a 50/50 chance. age diff. 59-19 Advised using visa waiver & marry after day 61req change of status

spur of the moment marriage... request change visa status was best way. Opinion? 1.5 year relationship, 3 visits, many trips, pictures, interaction with friends here. concerts, tours, mining for gems in mountains, beach trips, cruise to bahamas..... would age difference really ruin a solid... Read more »

Deron Edward Smallcomb answered on Mar 8, 2019

Large age differences increase the difficulty of any marriage based petition. The options you are considering should be discussed with an experienced immigration attorney.

1 Answer | Asked in Immigration Law for South Carolina on

Q: What would happen to the American born child of an undocumented Mexican woman if she were to be deported.

The baby's father is Puerto Rican and has abandoned them. He refuses to help obtain a passport for the child, so the mother and child can return to Mexico together.

Allen C. Ladd answered on Jan 27, 2019

It sounds like they must return together, as the best option, if she were to be deported.

For now, suggest you find an immigration lawyer and arrange a consultation to find out what other rights the mother has. If, for example, the US father abused her, then she may be able to apply for...
Read more »

1 Answer | Asked in Divorce, Family Law and Immigration Law for South Carolina on

Q: If I divorce my wife and she then leaves the country to live in Kenya, how can I get my divorce finalized?

Hi, I am divorcing my wife after being married 30 days. She is from Kenya and entered the US on a K-1 visa. If she leaves the US, she will not be able to re-enter. My question is, which type of divorce (fault or non-fault) would be best in this scenario, where she will not be able to appear at a... Read more »

Allen C. Ladd answered on Jan 4, 2019

It's a question for a family lawyer. I believe a family lawyer can advise you how you can resolve this issue. PLEASE don't try to handle this by yourself , or your fears may be justified.

1 Answer | Asked in Immigration Law for South Carolina on

Q: on the I-134. Do I put my 11 year son as my dependent? He lives with his mom and he's her taxes as a dependent. ?

I do take care of my son also but his mom and I was never married and there are no court documents on child support agreements.

Allen C. Ladd answered on Jan 4, 2019

If you provide support to him, and it looks like you do, then you should list him on the I-134.

1 Answer | Asked in Divorce and Immigration Law for South Carolina on

Q: I am divorcing my wife, who's here on a K1 visa. If she leaves the U.S., how will she attend the final divorce hearing?

I have been married a month to my wife who I brought to the U.S on a K1 visa from Kenya. I'm seeking a divorce in SC where we were married, because I've become aware of communication between her and another boyfriend she has back in Kenya. She plans on going back to Kenya once she has U.S.... Read more »

Hector E. Quiroga answered on Dec 17, 2018

This is a family law rather than an immigration law question. We recommend that you contact an attorney familiar with family law.

1 Answer | Asked in Immigration Law, Criminal Law and Sexual Harassment for South Carolina on

Q: If a person with student visa F1 in USA proved guilty in Harassment Second Degree Case, what is his punishment?

Will he get deported to his home country? And will he be expelled from the university? He asked a girl to date and continuously tried to pursue her even after she refused. So, that girl put him in Harassment Second Degree case.

Hector E. Quiroga answered on Aug 29, 2018

It depends on the wording of the statute under which he was convicted, especially if the statute involves any type of physical harm. To know for sure, he’d need to consult with an immigration attorney familiar with the criminal statute under which the individual was found guilty.

1 Answer | Asked in Immigration Law for South Carolina on

Q: Hi, my I-130 form approved in 2011, now I travel with my B1/B2 visa since 2015. What can I do to get my GC here.

If I deside to stay here, how can I get my GC and what is the process. My case was approved in 2011 and now in national visa center.

Hector E. Quiroga answered on Jul 30, 2018

It depends on who filed your petition. You probably want to talk with an immigration attorney who can advise you based on the specific circumstances of your case.

1 Answer | Asked in Immigration Law for South Carolina on

Q: My boyfriend is a Canadian , and I wish to marry him in America then apply for a K3 Visa, how is the process different?

I want to marry him here then have him go back to canada to work until the visa is approved. How is the process different from marrying an American, such as in the way of acquiring a marriage license, etc.

Hector E. Quiroga answered on Jul 18, 2018

The process likely varies from state to state. Your best bet would be to contact your local county clerk’s office.

1 Answer | Asked in Immigration Law for South Carolina on

Q: My boyfriend is a US citizen but has been in prison for selling narcotic, and I am not a citizen nor permanent resident

Will his criminal record be a deterrent to me having a green card?

Carl Shusterman answered on Jun 7, 2018

He can still sponsor you for a green card despite his criminal conviction.

1 Answer | Asked in Business Formation, Business Law and Immigration Law for South Carolina on

Q: I have aslyum filed i got my SSN and work autorizan permit Can i open my own gas station? Can i get bear licenc

Carl Shusterman answered on Apr 30, 2018

Yes, with your EAD you can work for an employer or you can start your own business.

2 Answers | Asked in Immigration Law for South Carolina on

Q: My friend's mom got pulled over for driving without a license. Her mom came to this country illegally.

Her mom came here illegally. But she (16) and her brother (18) were born here legally. Her mom is facing charges of deportation but I know if you are 21 you can apply for your parents to get citizenship. Would there be any options (even green card marriage if necessary)

Elisha F Svosve answered on Apr 13, 2018

The answer to your question requires an analysis of more detail than you have provided. Your friend's mom needs to consult an immigration lawyer for an in-depth consultation.

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1 Answer | Asked in Immigration Law for South Carolina on

Q: How can I get citizenship at this point with expired documents?

I have an expired Japanese passport and a expired visa waiver that was issued in the US. I have been in the US for about 13 years. I'm married to a US citizen for 10 years. I first came to the US in 2003 stayed in the US for 3 years on the visa, went back to japan for about 8 months then returned... Read more »

Hector E. Quiroga answered on Mar 12, 2018

Because you are married to a US citizen and entered lawfully, even though you overstayed, you should be able to apply for permanent residence in the US. You don’t state the type of visa on which you entered in 2003, but you might have to request a waiver for unlawful presence as part of your... Read more »

1 Answer | Asked in Immigration Law for South Carolina on

Q: My finance was deported in 2008 back to Jamaica, I’m an American citizen, is their any way I could get him back here?

Kyndra Mulder answered on Dec 9, 2017

First, it depends on why he was deported.

If he is eligible you may sponsor him on a finance visa or go to Jamaica an marry him in order to sponsor him as your spouse.

I suggest you consult with an experienced immigration attorney who will need more information.

1 Answer | Asked in Immigration Law for South Carolina on

Q: I started the I-130 process in March. Recently I hurt my leg at work and am on workers compensation. Will that affect NV

I'm wondering will this affect my claim to being able to support her

Kevin L Dixler answered on Jul 8, 2017

Yes, it may should you earn less than 125% of the poverty level established by the Department of Health and Human Services. This will depend upon your family size and current obligations. It is unclear whether you need or will need a joint sponsor.

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

1 Answer | Asked in Immigration Law for South Carolina on

Q: Am I responsible for my foreign wife who has no green card, if she leaves my home and resides somewhere else in America?

I married my wife in February 2017. She was here on a K-1 Visa. She does not yet have a green card, but, we are in the process of doing an "adjustment of status" to get her one. I believe this "adjustment of status" had an "affidavit of support" form that was filed with it. The case is still... Read more »

Kevin L Dixler answered on Apr 26, 2017

This is a question best asked in the privacy of an office, since all of the facts remain unclear. There are things that you can do to withdraw the I-864, but you may want to think about it, since she can self petition, where there is arguable abuse. Whether she is approved is another matter; you... Read more »

1 Answer | Asked in Immigration Law for South Carolina on

Q: I am married with an American citizen for 4 years with green card for 10 years, and have a 17 years son.

I am married with an American citizen for 4 years with green card for 10 years, and have a 17 years son and want to apply for citizenship. Please confirm that my son gets the citizenship automatically with me as long as he is under 18 when I get mine. Do I get any proof of my son citizenship when I... Read more »

Kyndra Mulder answered on Apr 25, 2017

Your son must first be an LPR. You have not stated whether he is. He will become a Naturalized citizen when you become a citizen. He must file the N-600 and get his Certificate of Naturalization.

1 Answer | Asked in Criminal Law, Immigration Law, Personal Injury and Civil Litigation for South Carolina on

Q: If a city police department is calling ice on some criminals but not all, would this be illegal and could you sue

Peter N. Munsing answered on Jan 8, 2017

Incredibly difficult to prove and at the end of it all, unlikely to get you anywhere since there is something called sovreign immunity which says that decisions of who to investigate and when are left to police departments. Discrimination on an iundividual basis, not related to race, isn't... Read more »

1 Answer | Asked in Immigration Law for South Carolina on

Q: Can I file for a fiance k1 visa in the us if my Filipino fiance was married.

She does not have a non marriage cenomar but does have her deceased husbands death certificate.

Daniel Martin Hartzman, Esq. answered on Oct 26, 2016

There is not enough info here to determine whether or not you can file for a financee visa for her. However, a death certificate is enough to show that her past marriage was terminated.

1 Answer | Asked in Immigration Law for South Carolina on

Q: Im in a same sex relationship with an immigrant here on a visa what are the marriage requirements?

my fiance is here on a 2yr visa as a teacher. we want to get married what are the requirements? aka. my income requirements? what kind of proof of relationship is required? how difficult is it? Im a 100% disabled veteran with unemployable status making $30,000 yearly.

Shan Dimitris Potts answered on Jun 27, 2016

You can check the income requirements on the USCIS website, although if it just the two of you without any other dependants you should be fine. Any and every proof of relationship you can gather will help, the more the better. It is not very difficult if the process is done by a professional. So... Read more »

2 Answers | Asked in Immigration Law for South Carolina on

Q: I would like to report my husband for green card fraud. Will be be deported?

After my husband received his green card I came home to an empty house with only the house key on table. I found an airline ticket to Philadelphia with his name on it. He has quit his job close our joint account. He typed me a letter about a wk ago stating he never loved me. All he wanted was his... Read more »

Shan Dimitris Potts answered on May 19, 2016

Save that letter because from the information you have provided that is all the proof you have. You can file a complaint with USCIS if that letter and stating what you have mentioned here, however it is better done by an immigration attorney. Many immigration attorneys including me offer free... Read more »

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