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South Carolina Immigration Law Questions & Answers
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... View More

Hector E. Quiroga
PREMIUM
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... View 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 L Mulder
PREMIUM
Kyndra L 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
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...
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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... View More

Kevin L Dixler
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... View 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... View More

Kyndra L Mulder
PREMIUM
Kyndra L 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
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... View 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,
PREMIUM
Daniel Martin Hartzman,
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
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... View 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... View More

Shan Dimitris Potts
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... View More

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1 Answer | Asked in Immigration Law and Juvenile Law for South Carolina on
Q: How old does a child that is living in the UK have to be to leave home and come to the US without parents permission?

She is 16 was born in the US and has dual citizenship but been living with her american mother and British father in the UK for 8 years, I think it is. She is asking to come live with us, her American grandparents.

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Apr 24, 2016

When she is older than 18, she is an adult

1 Answer | Asked in Immigration Law and International Law for South Carolina on
Q: I currently live in the USA, student visa interview in UK or USA?

I currently live in the USA on an E-2 visa as a dependent to my parents. I turned 20 recently, so I am starting to file for a F-1 Student visa because I will age out at 21. Because of that, the law requires I must be an independent on my own visa when I turn 21. Will my interview be here in the USA... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Mar 8, 2016

You can apply for a Change of status from E-2 to F1. You will have the interview in the US, but you will not have the visa stamped on your passport. Which means you cannot travel internationally, you need a visa stamp on your passport to enter the US. Once your COS is approved you can go to UK, get... View More

1 Answer | Asked in Immigration Law for South Carolina on
Q: Ok, let's say I have received the 10 year GC and I am divorced. How many years after that I can apply for a citizenship?
Shan Dimitris Potts
Shan Dimitris Potts
answered on Dec 3, 2015

You can apply for citizenship after 4 years and 9 months from the first time you got your green card. For example if you got your green card in 2011 you could apply right now. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot...
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1 Answer | Asked in Immigration Law for South Carolina on
Q: Hello,when can I apply for citizenship after getting 2 year green card, and does it matter if I am divorced?

How many years after getting 2 year green card can I apply for citizenship? Since I have my card through marriage, does it matter if I am still married or divorced? And of course I know I need to get the 10 year green card first, I have been talking to a lawyer about it already. Thank you very much

Shan Dimitris Potts
Shan Dimitris Potts
answered on Dec 3, 2015

If you are having a conditional green card you will have first apply for conditions removal if you think you are going to get divorced and also apply for an extension. An depending on whether your wife is a permanent resident or a citizen you can apply for citizenship in 3 years. If you are already... View More

1 Answer | Asked in Immigration Law for South Carolina on
Q: What's the next step after my DACA renewal was denied?

In June 2015 I applied to renew my DACA and if they're waiting 90 days it was denied simply for the fact that "USCIS has a ready deferred action in your case" which was approved and I had a work permit for two years, also in the letter it states "the denial of the instant forms... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Nov 11, 2015

If they are waiting 90 days, it does not matter your DACA renewal is simply denied. Having said that, we need to see the actual notice sent to you in order to tell you what the actual reason for denial is. Just by looking at the information you have provided it seems as if you applied prematurely,... View More

1 Answer | Asked in Immigration Law for South Carolina on
Q: I met someone a few months ago from Mexico. How can I bring them to the US if we decided to marry?

I met them on Facebook through mutual friends. We really clicked. And when I visit my family in December we plan to marry. They are from the same city as all my family and one of my cousins friend. But we are concerned about how they can come back to the US. I know it's possible but I want to... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Oct 15, 2015

You are going to be having a hard time to that because meeting someone online and bringing them here is not easy. Because if you intend to apply for an fiance visa you will need to show proof that you have been with the other person for a considerable amount of time to get to know them. I suggest... View More

1 Answer | Asked in Immigration Law for South Carolina on
Q: My fiancé and her son wants to move here with me in South Carolina. How and where do we start? She's from the UK
Shan Dimitris Potts
Shan Dimitris Potts
answered on Sep 8, 2015

It depends on your immigration status. If you are an US citizen or permanent resident and If you guys plan on getting married you can get a K visa (Fiance Visa), which will allow her to come here and get married. After that you can file a visa for your wife and her son. All the best.

15...
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1 Answer | Asked in Immigration Law for South Carolina on
Q: Hi,i am from Europe, i came with J -1 visa,one year ago, my visa is expired,i am gay,can i apply for asylum?

I don't want to go back to my country because i was beaten cause I'm gay,people hates the gay like in Russia,i can get proof from hospital when i was beaten,do i have any chance to apply? Thanks

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 26, 2015

Yes you maybe able to apply for asylum if you have never visited your country after coming to the United States. Contact an immigration attorney as soon as possible to get started with your process. All the very best.

"15 years of successful immigration law experience. The answer...
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1 Answer | Asked in Immigration Law for South Carolina on
Q: I am an American Citizen and I just got married to an European Citizen from Portugal. She entered to US legally...

I am an American Citizen and I just got married to an European Citizen from Portugal. She entered to US legally on July 28, 2015 and we got married on August 04. I would like to begin the process so my wife can get a work authorization and a green card. What should I do now? Can I do it myself? If... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 18, 2015

Congratulations,

What should I do now? - You should file three applictions I-130, I-485, I-765.

Can I do it myself? - You can do it by yourself, but if you want to do it properly without any mistakes, get an attorney to do it, they have loads of experience and will get it right in...
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1 Answer | Asked in Immigration Law for South Carolina on
Q: hi...i am from Europe,Moldova,i came like J-1 student,i am Gay and i want to apply for asylum,can i?

the problem is i've been in USA one year and 3 months

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 17, 2015

You can apply for asylum if you have credible fear of returning to your country. Even if you have been here for only one year and 3 months you can still apply for asylum if and only if you never went to visit your country during this period. Also remember when u apply for asylum you can not go back... View More

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