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Virginia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Virginia on
Q: I have approved I-140, and now filing I-485 for me and spouse. My question. Do I need to file I-864 for my spouse?

I am an employee of the petitioning company with no stake in it. I am super confused about I-864. My employer is asking me to file I-864 for my wife, but I am not fully sure. Any help/clarification would be greatly appreciated.

Kyndra Mulder
Kyndra Mulder answered on Oct 8, 2020

If doing the work yourself you need to read the instructions very carefully. Yes. An I-864 needs to be filed with each I-485.

1 Answer | Asked in Immigration Law for Virginia on
Q: Can we put the A# on H4 EAD approval notice in place of A# asked on I-485 and I-693 forms, for a derivative applicant?

My I-140 was approved in April 2019. My filing date became current for the month of October 2020. I am filing I-485 for myself and my spouse (who is currently on H4 with approved EAD). I am currently on H1-B status. I have the following questions regarding filing for AOS, and it would be great if... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 6, 2020

1. Yes.

2. Put the one from the I-140 on the form itself, but add any additional A#s to an addendum or extra info page.

2 Answers | Asked in Immigration Law for Virginia on
Q: I have 10 years green card got it through marriage but divorced after 2 years after of green card apply for citizenship

I'm a permanent resident and got divorced 2 years after getting my 10 years green card. I got my green card through my husband and also have a child after marriage.

But now i am divorced and separated.

I will apply for naturalization after completing 5 years residency but a... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 22, 2020

Based on the inforrmation you have provided you may apply for your naturalization.

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1 Answer | Asked in Immigration Law and Civil Rights for Virginia on
Q: are you willing to consult me with crcl/dhs matter?so i need to send a statement letter from DHS/CRCL office.

a response has been made for my complaint matter by DHS/CRCL in june 11 20,they referred me to a lawyer to consult.

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 17, 2020

Hello, give me a call today, I would like to know more about this issue and can possibly help you.

1 Answer | Asked in Divorce and Immigration Law for Virginia on
Q: How do I find that my wife might had used my identity without my concern to file a I-130 and I-864 for her mother?

I am a US citizen and my wife is a naturalized US citizen from Philippines. My wife never had a stable job or good credit history. I have a stable job with US military and good credit history. My wife and I are not in good terms for a while started our divorce process now. She has several... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 2, 2020

You can't. It is your wife's I-130 petition, not yours. That said, it seems like you should divorce her.

Note, If you never signed the I-864a or I-864 form, then you certainly have a defense. Your wife may have even secured a different joint sponsor for her mom. In general, the...
Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: Good Day, I am permenent resident in US. How can I bring my 16 years old sister into the US?
Stephen Arnold Black
Stephen Arnold Black answered on May 22, 2020

Even if you were a US citizen it would take many many years. First get your citizenship and then file.

2 Answers | Asked in Immigration Law for Virginia on
Q: if an immigrant has children born in the US and they hit the immigrant does the immigrant qualify for visa?

my mother is suffering from domestic violence from my sister does she qualify for visa?

Adan Vega
Adan Vega answered on May 1, 2020

Domestic violence is a “qualifying” crime for U visa eligibility. In your case, the incident must first be reported to the police and a police report must be generated. Afterwards a “certification” must be requested from the police. Once the “certification” is issued then the FORM I-918... Read more »

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1 Answer | Asked in Immigration Law for Virginia on
Q: My friend new green card came in He's abroad but because of Covid-19 he can't come back now the extension expires in May

Will there be any problems re-entering the U.S.?

Robert Roy Klein
Robert Roy Klein answered on Apr 14, 2020

He'll need the green card that came in. Also, it depends on what country he's returning from. Some countries are blocked, while others will require a 2 week self-quarantine.

1 Answer | Asked in Immigration Law for Virginia on
Q: can I used same i130 to refile 485 that’s been denied in 2014

I have an approved i130 since 2012 ,but my 485 was denied because the dhs asked for certified disposition for two cases which they got dismissed and the sponsor didn’t meet the standards, and now I have to go for master hearing in front of judge cuz ice put me in removal proceedings, I would like... Read more »

Svetlana Kats
Svetlana Kats answered on Mar 6, 2020

Yes, you can use previously approved I-130 in Court. Just ask judge to schedule your adjustment of status hearing and submit your previously approved I-130 petition together with the documents showing that you are still married to the petitioner and your marriage is bona file. You will also need to... Read more »

3 Answers | Asked in Immigration Law for Virginia on
Q: Can my daughter marry a young man who is here under daca and has been for 15 years?

My daughter has been dating a young man who is a daca participant. He’s from Guatemala. He has no criminal record. He graduated from high school and is now 20 I’m concerned about their future is there a path to citizenship? Would they be safe to marry?

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 27, 2020

Your daughter is free to marry anyone she chooses. The question is, what benefits are available to her fiance once married? This situation should be discussed, in detail, with an experienced immigration attorney.

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1 Answer | Asked in Immigration Law for Virginia on
Q: Does a valid advance parole allow you to enter the U.S. without a valid I-20?

I am an F1 international student who has applied for marriage-based green card. I am set to receive my advance parole soon and I intend to go abroad over the summer. My I-20 expires in May, and the earliest I can get another one from my new school is in July. My f1 expires next year. If I travel... Read more »

Adan Vega
Adan Vega answered on Feb 24, 2020

The advance parole document issued by USCIS will allow you to present yourself at a U.S. port of entry to request entry and admission to the U.S.

CBP will assess at that time if you are admissible to the U.S.

The FORM I-20 may be immaterial if you are not seeking entry as an F-1 visa holder.

1 Answer | Asked in Bankruptcy, Immigration Law and Business Law for Virginia on
Q: The JCE in an EB-5 case is terminated during I-526. Will our case be denied? Can I get back my money? What should I do?

The LLC that we have invested fund in our EB-5 case, has terminated. Our case is still waiting on response from USCIS for I-526. The case has been received in 2016 and I don't know when the company is terminated.

Timothy Denison
Timothy Denison answered on Feb 3, 2020

Consult an immigration attorney immediately.

1 Answer | Asked in Immigration Law for Virginia on
Q: I'm currently received SSDI benefit due to mental health problem. Is it okay for my to sponsor a wife from Viet Nam?

I'm on SSDI benefit due to mental health problem and I would like to sponsor a wife from Viet Nam to the United state. My parents can cosign the income for the affidavit of financial to help me sponsor my wife. I do not want to lose my benefit. Is it okay for me to sponsor a wife while... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jan 26, 2020

Yes but you will need a co sponsor to file an affidavit of support.

1 Answer | Asked in Immigration Law for Virginia on
Q: Confused with I-864 and I-864EZ.

I am sponsoring my spouse as a permanent resident and her interview is in two days. I completed NVC review process few months before with I-864 form but few days before I found that I need to fill I-864EZ form. Is it ok to take both the form I-864 and I-864EZ during interview or carrying just... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 14, 2020

You should be OK with the I-864.

1 Answer | Asked in Immigration Law for Virginia on
Q: I am a legal resident in the USA as a student my daughter is US Citizen as she was born here, due to her urgent medical

due to her medical emergency she was admitted in hospital and we had to apply medicaid . Our question is will she taking medicaid effect our green card process as we never took medicaid only her being US citizen. ? ?

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

No. As long as you truthfully answered questions about your income on her Medicaid application, you should be fine. Public benefits received by US citizen family members is not part of the public charge analysis for the intending immigrant or nonimmigrant. It's only if the foreign national... Read more »

1 Answer | Asked in Family Law and Immigration Law for Virginia on
Q: Can I leave US and return to my country of citizenship (India), and have my kids remain there with me?

I, my wife and two kids (8 and 15) are Virginia US legal permanent residents, and we all are citizens of India.

I sponsored US permanent residency to my entire family based on diversity lottery visa 3.5 years ago.

I am not happy at all in the US. I would happily return to my country... Read more »

Kevin L Dixler
Kevin L Dixler answered on Dec 12, 2019

That would be an international kidnapping crime unless you were lawfully granted full custody. It is unlikely that she would be denied joint custody unless she was abusive. In addition, it is likely that it will be in the best interests of the children for them to remain in the U. S.... Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: I am an immigrant that was abused physically and sexually by my husband

He took a video of him feeding my drugs and having his way with me and I can’t remember such happening and he threatened to send it to my family , now he deleted the link but I have someone I showed the video to since I can’t open the link can their statement suffice

Amanda B Cook
Amanda B Cook answered on Dec 4, 2019

You need to speak with someone experienced with VAWA applications. Often there are charitable organizations nearby that will help you with this for no charge. Here's a link to a list in Virginia:

1 Answer | Asked in Immigration Law for Virginia on
Q: is it illegal for an immigrant to marry their sibling to get their visa easier?

my step parent married their sibling because it made it quicker for them to both get a visa then they divorced after entering the US. Now they are married to US Citizens and have expired visas. is that illegal? and if so how?

Kevin L Dixler
Kevin L Dixler answered on Dec 2, 2019

The issue is whether someone who marries did so because they were in love. The facts presented suggest that this was a marriage solely for a non immigrant visa, not for immigration purposes. This can be considered visa fraud, perhaps, a Federal crime, but more information is needed.

Read more »

1 Answer | Asked in Criminal Law, Employment Law and Immigration Law for Virginia on
Q: an illegal immigrant who works at a store is accused of theft where paid under table. Should store owner report crime?

An illegal immigrant who works at a store is accused of theft where paid under the table. Who has more to lose if the store owner wants to report the crime because he/she employed the employee without documentation. The store owner might have video surveillance that shows the crime but can't... Read more »

Bryan J. Jones
Bryan J. Jones answered on Nov 15, 2019

I would say that the immigrant is more likely to be deported than the store owner get in trouble, especially if the amount stolen is $500 or more because that would be a felony.

2 Answers | Asked in Immigration Law for Virginia on
Q: If there is a co-sponsor when filing for Visa CR-1, am I required to provide proof of income and residence within the US

I currently reside outside the US with my foreign spouse. We plan to return to the US, but I no longer have a job or residence there, however, we do have someone willing to co-sponsor. If the co-sponsor can show for these things, do I need to as well?

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 11, 2019

In order to file for your spouse, you must provide a US residence where you intend to reside. In terms of having job or finances you will have to document your current income and your adjusted gross income for the past 3 years. This is true even if you do not meet the poverty guidelines and even... Read more »

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