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Virginia Immigration Law Questions & Answers
3 Answers | Asked in Bankruptcy, Consumer Law, Criminal Law and Immigration Law for Virginia on
Q: what should be done to avoid criminal proceedings or any other proceeding for credit debt default judgement ?

Credit card maxed out by doing balance transfer amount is 4000$

I was using the same credit card for 3 years in the past

I have moved out of USA as wife lost job

Warrant in debt filed after 3 years I left the country

Hearing happened the same year but I was not in... View More

Martha Warriner Jarrett
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answered on Oct 15, 2024

From the facts that you give, it is likely that the statute of limitations has expired and that the creditor can no longer collect on any debt. However, if the creditor got a judgment against you, because you didn't appear, then the judgment may still be valid and collectible if and when they... View More

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1 Answer | Asked in Immigration Law for Virginia on
Q: Pretended to be my sibling on a phone call with USCIS agent. Will my sibling's app have issues?

My sibling applied for N400. She's currently out-of-states for a break. She got a notice few days ago that the biometrics appointment is scheduled for mid-July. However, she will not be able to attend that appointment, as she plans to head back to the states in late August. She tried to... View More

James L. Arrasmith
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answered on Jul 2, 2024

I understand you were trying to help your sibling. Here are some suggestions for how to handle this situation:

1. Your sibling should contact USCIS directly as soon as possible to explain the situation honestly. They can call USCIS or use the online tools to reschedule the appointment...
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1 Answer | Asked in Immigration Law for Virginia on
Q: I submit Form N-336 with evidence.It has been 2 months for the hearing but no decision letter yet, what do you advise ?

Do I have to wait for new decision or is it better to apply again for citizenship without waiting the result.

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information provided, it seems you have filed Form N-336, which is a Request for a Hearing on a Decision in Naturalization Proceedings. After submitting the form with evidence, you are currently waiting for a decision letter regarding your case. Here's my advice:

1....
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1 Answer | Asked in Employment Law and Immigration Law for Virginia on
Q: Should I leave country while I apply for change of status from H1B to F2 ?

Hi .Good Afternoon. My H1B is approved recently and my grace period is started on 1st of March 2024 . Based on the 60 days rule my grace period ends on April 30 ,2024 .I am still finding job and project to keep my H1b status active . I was on “F2 visa” status before so in case if I have to... View More

James L. Arrasmith
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answered on Apr 3, 2024

In this situation, you may not need to leave the country to change your status from H1B to F2. You can file for a change of status (COS) within the U.S. before your 60-day grace period ends on April 30, 2024. Here are some important points to consider:

1. File Form I-539: To change your...
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1 Answer | Asked in Immigration Law for Virginia on
Q: Can I bring my wife while my I-485 pending?
James L. Arrasmith
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answered on Mar 13, 2024

If you are a U.S. permanent resident applicant with a pending I-485 (Application to Register Permanent Residence or Adjust Status), your spouse may be eligible to join you in the United States. However, the process and timeline depend on various factors:

1. If your spouse was included as a...
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1 Answer | Asked in Immigration Law for Virginia on
Q: As a asylee granted by EOIR, have I EVER been in removal, exclusion, rescission, or deportation proceedings?

I am seeking clarification on a specific aspect of Form I-485, Part 8, Item Number 18, which reads as “Are you presently or have you EVER been in removal, exclusion, rescission, or deportation proceedings.” Following a referral by USCIS, I had an asylum case before the EOIR immigration court,... View More

James L. Arrasmith
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answered on Jan 26, 2024

Yes, if you were granted asylum by an immigration judge with the Executive Office for Immigration Review (EOIR), then you were previously in removal proceedings.

The immigration court system within EOIR oversees removal proceedings - these are administrative proceedings to determine...
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3 Answers | Asked in Employment Law and Immigration Law for Virginia on
Q: Is H-1B visa only about STEM people? Can't a person in communications/ PR get it?

I'm an administrator in a university and in my last period of OPT of my F-1 visa. My employer would like to sponsor me but apparently there is some federal law that stops them from that since my job could be done by a U.S citizen. Is that true and is there a way to still build a solid case... View More

James L. Arrasmith
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answered on Jan 23, 2024

The H-1B visa is not limited to STEM fields; it can be granted to professionals in various sectors, including communications and public relations, provided the job requires specialized knowledge typically obtained through a bachelor's degree or higher in a specific field. The key is that the... View More

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1 Answer | Asked in Immigration Law for Virginia on
Q: I’m on OPT and I have a full time job relating to my major. But I also want to work a remote job in the UK, can I?

I lived in the UK before doing a masters and OPT in the US and I want to work for my old job there remotely whilst being in the US as I need some more income. I intend on declaring any foreign income on my US taxes. Does my OPT allow it? I can’t find any restriction in the language

James L. Arrasmith
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answered on Jan 3, 2024

Under the regulations governing Optional Practical Training (OPT) in the United States, the primary requirement is that your employment must be directly related to your major area of study. OPT typically allows you to work for a U.S. employer in a job that's directly related to your academic... View More

2 Answers | Asked in Education Law and Immigration Law for Virginia on
Q: My F1 visa has expired, but my I20 is still valid. If F1 expires, can I still transfer to another school?

I am a international student in US, I plan to transfer to another school next year.

James L. Arrasmith
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answered on Dec 17, 2023

Yes, you can still transfer to another school even if your F-1 visa has expired, as long as you maintain your F-1 status by remaining enrolled and following all other F-1 regulations.

The key things to note:

- An F-1 visa is required to enter the U.S., but once you are already in...
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1 Answer | Asked in Immigration Law for Virginia on
Q: Applying for F1 visa.

My Nephew is here on a visitor visa (almost 30 days now). He would like to start his masters in usa. We know the steps of this process. We would like to know if any legal agency deals with such a process or can take care of submitting documents to USCIS once we have I-20. As we wanna make sure... View More

James L. Arrasmith
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answered on Nov 29, 2023

For your nephew's F1 visa application process, it is indeed possible to engage a legal agency or an attorney to assist with submitting documents to USCIS. Many law firms and legal professionals offer services related to immigration and visa applications. They can ensure that all necessary... View More

2 Answers | Asked in Immigration Law, Civil Rights, Divorce and Family Law for Virginia on
Q: Vawa application status

My cousin applied for VAwA application for adjustments of status after being here for more than 13 years.What would you recommend to be done to help after his wide abuse him and threatens to report him to

Immigration

Glendia  Del Evans
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Glendia Del Evans
answered on Dec 12, 2023

Once your cousin's marriage was in good faith, any threats of "reporting" or hurting a non-citizens immigration status is taken very serious by Domestic Relations Courts in Virginia and serious consequences for the U.S. spouse. There are laws that specifically address this issue. It... View More

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2 Answers | Asked in Immigration Law, Civil Rights, Divorce and Family Law for Virginia on
Q: Vawa application status

My cousin applied for VAwA application for adjustments of status after being here for more than 13 years.What would you recommend to be done to help after his wide abuse him and threatens to report him to

Immigration

James L. Arrasmith
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answered on Nov 28, 2023

To assist your cousin with their VAWA (Violence Against Women Act) application status, especially in the context of abuse and threats related to immigration status, there are several steps and considerations to keep in mind:

Legal Assistance: It's crucial to get legal advice from an...
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1 Answer | Asked in Immigration Law for Virginia on
Q: A Cuban entering USA with an I94 parole, canthat person file their own i130 and i485 without a family support affidavit

Similarly if Cuban husband is us citizen can he file i130 and I485 for wife without doing a family support affidavit?

James L. Arrasmith
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answered on Oct 29, 2024

When you enter the USA on an I-94 parole, filing an I-130 and I-485 typically requires a family support affidavit. This affidavit, known as Form I-864, demonstrates that you have adequate financial support and are not likely to rely on public benefits. Without this affidavit, your application might... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law for Virginia on
Q: Can an equal opportunity employer include restrictions on immigration sponsorship in job postings?

Hello, I came across a job posting with the following statement: "To be eligible for this program, you must be authorized to work in the U.S. We do not offer any type of employment-based immigration sponsorship for this program. Likewise, JPMorgan Chase & Co. will not provide any... View More

James L. Arrasmith
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answered on Oct 27, 2024

I understand your concern about the job posting you came across. An equal opportunity employer is obligated to comply with laws that prohibit discrimination based on protected characteristics like race, color, religion, sex, national origin, age, disability, or genetic information.

However,...
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2 Answers | Asked in Immigration Law for Virginia on
Q: E-2 visa

I have a small IT services company which provide web development services along with amazon FBA ecommerce, I want my sister to come USA on E-2 business visa however it require to invest in an existing company or business, Will she invest in my company and be my partner? and does this type of... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 24, 2024

Among other things, your sister must be a national of a treaty country and should end up being the majority owner or an essential employee to qualify for E2. I suggest you work with an immigration attorney.

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1 Answer | Asked in Bankruptcy, Consumer Law, Criminal Law and Immigration Law for Virginia on
Q: Credit card debt. Is the case active as per the case details below?

Credit card maxed out by doing balance transfer amount is 4000$.

left USA as wife lost the job.

I was using the same credit card for 3 years in the past.

Warrant in debt filed after 3 years I left the country.

Hearing happened the same year but I was not in the... View More

James L. Arrasmith
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answered on Oct 16, 2024

Based on the information you provided, it appears that your case is no longer active. The judgment stating "case dismissed" and "judgment vacated" typically means that the court has closed the case in your favor. Since it's been over ten years and the case has been... View More

1 Answer | Asked in Employment Law and Immigration Law for Virginia on
Q: Is it safe to travel abroad with a pending I-130 and I-485 on a valid H-1B and without AP?

Hi, I wanted to ask if it's safe to travel abroad with a pending I-130 and I-485 on a valid H-1B status and without filing the advanced parole.

I also have an approved I140 from my employer with a priority date of March 2015 and waiting for it to become current to file I-485. My H1B... View More

James L. Arrasmith
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answered on Oct 8, 2024

Traveling abroad on your valid H-1B with a pending I-130 and I-485 can be possible, but there are a few important things to consider. Since you have a valid H-1B visa stamp until February 2026, you can re-enter the U.S. using your H-1B without needing an approved advance parole (I-131). This means... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: I got an RFE with several mistakes, they used things that weren't present or stated in my documents, what do I do?

they used things that looked that they were from other peoples Petition and had nothing to do with things in my documents. how do I address these discrepancies. when submitting my response?

James L. Arrasmith
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answered on Sep 30, 2024

When you receive an RFE (Request for Evidence) with mistakes or references to items not in your petition, it's important to respond clearly and thoroughly. Start by reviewing the RFE carefully, noting each error or discrepancy. You’ll want to address these specific mistakes in your response,... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: U.S citizen, filed petition for sister 5 years ago , in pending status. she traveled to U.S with B1/B2 - how legal stay

I am a U.S citizen who filed petition for green card for my sister 5 years ago, now petition is in pending status. In the meantime now she came with her husband to travel to U.S. Is there a way she can stay legally. It is very important that she stay legally since her husband want to work... View More

James L. Arrasmith
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answered on Sep 29, 2024

Your sister’s current status in the U.S. is as a visitor on a B1/B2 visa, which allows her to stay temporarily for up to 6 months. Since you’ve already filed a family petition for her, it does not grant her immediate legal permanent residency or allow her to work in the U.S. during this visit.... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: My question is about form I - 485, Part 8, question 24a, 24b and 24c.

Question 24a asks if someone had a J-1 nonimmigrant visa. Question 24b asks if you have complied with the foreign residence requirement. The answers to both of the above questions are "Yes." in this case.

Now, question 24c asks if someone was granted a waiver or if the Department... View More

James L. Arrasmith
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answered on Sep 18, 2024

If you have fulfilled the two-year foreign residence requirement by returning to your home country for the required period, and did not receive a waiver or a favorable recommendation to waive this requirement, then you should answer "No" to question 24c.

Question 24c specifically...
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