Virginia Immigration Law Questions & Answers
Q: Can my mom who has a 10 years tourist visa enters the US multiple times within 5 months?
Deron Edward Smallcomb's answer
If her trips are short, it should not be a problem to reenter. However, as a general rule, 6 months in one year is as much as is usually granted. That said, the immigration officer at the port of entry is the only one that can make that determination. You should consult an experienced immigration attorney to discuss.
If her trips are short, it should not be a problem to reenter. However, as a general rule, 6 months in one year is as much as is usually granted. That said, the immigration officer at the port of entry is the only one that can make that determination. You should consult an experienced immigration attorney to discuss.
Q: Should I contact USCIS and notify that I am no longer staying in the US?
Kelli Y Allen's answer
Yes, you should notify USCIS that you have left the U.S. and wish to withdraw you application for extension.
Yes, you should notify USCIS that you have left the U.S. and wish to withdraw you application for extension.
Q: I need help
Kelli Y Allen's answer
Yes, that is definitely a problem. You will not be able to enter the U.S. legally without a waiver for the unlawful presence. You should seek the assistance of an experienced immigration attorney.
Yes, that is definitely a problem. You will not be able to enter the U.S. legally without a waiver for the unlawful presence. You should seek the assistance of an experienced immigration attorney.
Q: we filed an n600 r under section 322 of the INA. USCIS is questioning my wifes physical presence requirement.
Kelli Y Allen's answer
There is a lot of confusion over this area of the law, and the statute has changed several times. There are different requirements depending on the child's date of birth. This issue needs to be address through a full consultation with an immigration attorney.
There is a lot of confusion over this area of the law, and the statute has changed several times. There are different requirements depending on the child's date of birth. This issue needs to be address through a full consultation with an immigration attorney.
Q: Does the U.S. Embassy in Cambodia look at credit reports?
Kelli Y Allen's answer
No. You will have to file an affidavit of support, provide income information for the past 3 years, and submit your most recent W-2 and federal tax return, but they do not check credit.
No. You will have to file an affidavit of support, provide income information for the past 3 years, and submit your most recent W-2 and federal tax return, but they do not check credit.
Q: I’m from El Salvador and I have tps. My mom is petitioning me. Can I apply for work authorization if tps is cancel!?
Kelli Y Allen's answer
If all you have is an approved I-130, no. That does not provide the basis for employment authorization.
If all you have is an approved I-130, no. That does not provide the basis for employment authorization.
Q: My wife has had a green card for 2 years. She has submitted the paperwork for her 10-year green card. I work for the
Allen C. Ladd's answer
Interesting. I've never come across this. Someone else may, and will answer directly.
But to answer: Yes, it will affect the processing. As a protective measure, I think you would want to file an I-131 and ask for a Re-Entry Permit, which will protect your wife for up to 2 years during processing. You should also either: (a) get an InfoPass appointment at your local field office (Alex/Arl/DC?) or (b) better yet, make an appointment for a consultation with an immigration lawyer....
Interesting. I've never come across this. Someone else may, and will answer directly.
But to answer: Yes, it will affect the processing. As a protective measure, I think you would want to file an I-131 and ask for a Re-Entry Permit, which will protect your wife for up to 2 years during processing. You should also either: (a) get an InfoPass appointment at your local field office (Alex/Arl/DC?) or (b) better yet, make an appointment for a consultation with an immigration lawyer....
Q: I got a std while studying in the US. It affects me enormously physically and psychologically. Can I apply for asylum ?
Peter N. Munsing's answer
Sorry, but asylum is for those under thread of death or serious violence from a foreign government and similar issues. Having a disease isn't grounds for asylum.
Sorry, but asylum is for those under thread of death or serious violence from a foreign government and similar issues. Having a disease isn't grounds for asylum.
Q: Calling USCIS while waiting for a green card.
Daniel P Leavitt's answer
It is hard to imagine why calling someone to inquire about tracking would negatively impact delivery. Good luck!
It is hard to imagine why calling someone to inquire about tracking would negatively impact delivery. Good luck!
Q: Got tickets for driving backwards on HWY, no seatbelt, and suspended license
1 Answer
| Asked
in
DUI / DWI, Immigration Law and Traffic Tickets
for
Virginia
on
Answered on Oct 15, 2018
Answered on Oct 15, 2018
Daniel P Leavitt's answer
Not enough details but the short answer here is that jail time is possible. If you have a suspended jail sentence for your prior charges then you could potentially face jail time for violating the terms of your suspended sentence. In addition, I am assuming they charged you with reckless driving for driving backwards but you don't specify the charge. If it is reckless driving then you face possible jail time there. And driving on a suspended license also carries the possibility of a jail...
Not enough details but the short answer here is that jail time is possible. If you have a suspended jail sentence for your prior charges then you could potentially face jail time for violating the terms of your suspended sentence. In addition, I am assuming they charged you with reckless driving for driving backwards but you don't specify the charge. If it is reckless driving then you face possible jail time there. And driving on a suspended license also carries the possibility of a jail...
Q: I received the approval notice for my green card but not the green card itself. Can I travel abroad?
Hector E. Quiroga's answer
Did you file the I-131? If so, you should be covered. Traveling abroad without the green card in your possession could create problems for you when you return.
Did you file the I-131? If so, you should be covered. Traveling abroad without the green card in your possession could create problems for you when you return.
Q: Do I need my vital records or just the marriage certificate for an adjustment of status?
Kevin L Dixler's answer
As you may know, you will need much more documentation than a properly certified and sealed marriage certificate. The issue is when and how to proceed. If done correctly, there will eventually be a hearing/interview.
The paperwork is complicated with some applicants improperly filing incomplete documentation, then living out of status for years, until they are taken into custody, or perhaps, deported.
I strongly recommend an appointment with a competent and experienced...
As you may know, you will need much more documentation than a properly certified and sealed marriage certificate. The issue is when and how to proceed. If done correctly, there will eventually be a hearing/interview.
The paperwork is complicated with some applicants improperly filing incomplete documentation, then living out of status for years, until they are taken into custody, or perhaps, deported.
I strongly recommend an appointment with a competent and experienced...
Q: Waiting time for a work permit after marriage with a naturalized citizen. Should I expect any problems with green card?
Hector E. Quiroga's answer
There is not difference between a native-born citizen and a naturalized one when it comes to immigrating through a citizen family member.
Typically it takes between 4 and 5 months after the green card application has been filed before an applicant receives a green card.
Once your fiancée is a citizen, she can file a visa petition for you at the same time you file an immigrant visa application in the US.
There is not difference between a native-born citizen and a naturalized one when it comes to immigrating through a citizen family member.
Typically it takes between 4 and 5 months after the green card application has been filed before an applicant receives a green card.
Once your fiancée is a citizen, she can file a visa petition for you at the same time you file an immigrant visa application in the US.
Q: If i get married will that affect my father’s application to get a visa or citizenship?
Hector E. Quiroga's answer
It will not impact your father’s ability to get a visa through you at all. The fact that you are in the military could help him, too, depending on his circumstances. You might want to consult with an immigration attorney about parole in place.
It will not impact your father’s ability to get a visa through you at all. The fact that you are in the military could help him, too, depending on his circumstances. You might want to consult with an immigration attorney about parole in place.
Q: I just got married what form i should fill out I485 or I130 ?
Hector E. Quiroga's answer
While we understand your concerns about cost, your case is a bit complicated, given the earlier finding of what amounts to marriage fraud. Even without that, the process of obtaining your permanent residence in the US is complicated, and it would be next to impossible to try to explain it in this type of forum. Some attorneys offer their services pro bono in some circumstances, and there are some not-for-profit agencies that provide immigration services as well. The Catholic Legal Immigration...
While we understand your concerns about cost, your case is a bit complicated, given the earlier finding of what amounts to marriage fraud. Even without that, the process of obtaining your permanent residence in the US is complicated, and it would be next to impossible to try to explain it in this type of forum. Some attorneys offer their services pro bono in some circumstances, and there are some not-for-profit agencies that provide immigration services as well. The Catholic Legal Immigration...
Q: i am a natural born citizen.would my felony conviction stop my spouses process?
1 Answer
| Asked
in
Immigration Law and Gov & Administrative Law
for
Virginia
on
Answered on Jul 9, 2018
Answered on Jul 9, 2018
Hector E. Quiroga's answer
It should not, depending on the crime for which you were convicted. Felonious assault or crimes of a sexual nature could be the exception. Check with an immigration attorney.
It should not, depending on the crime for which you were convicted. Felonious assault or crimes of a sexual nature could be the exception. Check with an immigration attorney.
Q: Is the April 2004 nsc flash memo still valid?
Carl Shusterman's answer
I am not sure what you mean by the "April 2004 nsc flash memo". Please be more precise.
I am not sure what you mean by the "April 2004 nsc flash memo". Please be more precise.
Q: Can I apply for COS from F-2 to H-4 while F-2 is going to expire on Sep 30, 2018?
Carl Shusterman's answer
Since your change of status to F-1 may be pending for many months, the fastest way to get H-4 status is to consular process. Otherwise, wait for the COS to be approved, then file COS H-4 if you wish.
Since your change of status to F-1 may be pending for many months, the fastest way to get H-4 status is to consular process. Otherwise, wait for the COS to be approved, then file COS H-4 if you wish.
Q: N-400 dui and traffic tickets. Please help?
Carl Shusterman's answer
You are not ineligible to apply for naturalization. Speeding tickets do not prevent you from demonstrating good moral character.
You are not ineligible to apply for naturalization. Speeding tickets do not prevent you from demonstrating good moral character.
Q: I-130 approved after leaving USA on tourist visa. can I come back as visitor and apply I-485?
Carl Shusterman's answer
Visitors are required to have no intent to remain permanently in the US. The process would probably go much smoother if he applies do an immigrant visa abroad.
Carl Shusterman
www.shusterman.com
Visitors are required to have no intent to remain permanently in the US. The process would probably go much smoother if he applies do an immigrant visa abroad.
Carl Shusterman
www.shusterman.com
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