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Virginia Immigration Law Questions & Answers
4 Answers | Asked in Immigration Law for Virginia on
Q: Does driving for Uber Eats income qualify you to sponsor a spouse to the U.S.A (Affidavit Of Support)?

I am currently driving for Uber Eats and trying to make enough money for Affidavit Of Support to bring my wife to the USA, I wanted to know if that income qualifies me to do so?

And also another question, does showing one month of income is enough for Affidavit Of Support?

If no,... Read more »

Samuil Buschkin
Samuil Buschkin answered on Nov 21, 2021

As long as sufficient legal income can be documented, it may be from driving Uber.

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3 Answers | Asked in Immigration Law for Virginia on
Q: I'm illegible to get permanent resident according to private law 106/8 issued on 1999 , my name was listed ,

I filed the application & did finger print & medical test , biometric application& received I 181 FORM , after that for emergency traveled oversees , right now I'm in Jordan

Looking for any immigration lawyer who can help paroled me to USA to complete my remaining process... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Nov 11, 2021

More information is needed on the history of your immigration. Whether you qualified for 106/8 and whether you are admissible to enter the USA.

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1 Answer | Asked in Immigration Law and Adoption for Virginia on
Q: I adopted my Grandson in 2004 and he was born in Canada. We are now having trouble getting a proper ID for him.

He has a social security number. I was assured that he could get a US birth certificate after adoption, but so far, only a Canadian one is provided with the name change. Can you guide me to further steps? He is living in Florida, where the adoption took place. I am living in Virginia

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Nov 9, 2021

This question has several aspects to it. You should gather all the documents and urgently speak with a family lawyer and an immigration lawyer.

Justia has a lawyer directory and also the American Immigration Lawyers Association has a directory on their site.

2 Answers | Asked in Immigration Law for Virginia on
Q: Filed N-400 as a citizen of Ukraine, after filing received Russian citizenship, will it be a problem for naturalization?
Kyndra L Mulder
Kyndra L Mulder answered on Nov 8, 2021

No. It should not be a problem. However, I suggest you send the USCIS the updated information ASAP.

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1 Answer | Asked in Immigration Law for Virginia on
Q: I am confused on the n-400 form for part 12 #23,24 and 28 should those question be a yes or a no for shoplifting?

I did 3 hours in jail 40 hours of community service and it happen back in 1989. When I went to court to get a record it said it was dismissed and expunged. I need to know what to answer for part 12 #23,24 and 28 on the n-400 form yes or no ? Does 3 hours count as a day .

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 1, 2021

You need to go to the court were your criminal case was adjudicated in that county and state then ask the court clerk to issue a certified criminal case disposition and then present that along with your N 400 form with a detailed explanation how the case was completed.

3 Answers | Asked in Immigration Law for Virginia on
Q: Can I file I-130 after my parents already filed I-485 under EB-1 visa?

My parents applied I-485 under EB-1 and still waiting for the result, which has been taking quite long. I am a US citizen and I am over 21. Can I file I-130 for them now to sponsor them at the same time? Will it be a conflict with the I-485 they already filed? I want to see if I can get them the... Read more »

Kevin L Dixler
Kevin L Dixler answered on Oct 16, 2021

More information is needed, but if you are over 21 years old, it may be in their best interest for you to petition them. Again, more information is needed. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any complications.

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3 Answers | Asked in Immigration Law for Virginia on
Q: Can my son suffer legal consequences for living with an illegal immigrant? They’re married now, but she is out of status

She entered legally visa j1, them f1. Ended in 2012. Since then without papers. Living with my son since 2014. Married in 2018. Now, 2021 she wants to get green card

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 15, 2021

Your son may immediately petition. his foreign national spouse to adjust to LPR (Lawful Permanent Residency) right after they married, if he is a USC and she qualifies otherwise. There was no reason to wait three years.

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4 Answers | Asked in Immigration Law for Virginia on
Q: Does the 90-day rule for the green card application apply for F1 visa? I traveled this summer, but was in the US before.

My partner and I want to get legally married so that I can start the green card application process. I've been in the US for college since 2017. I graduated in May and got an OPT extension that's valid until July 2022. I was travelling to visit family in Italy this past summer, and... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 12, 2021

The 90-day rule will apply to your case as well as the Service will review the motives and bona fides of the marriage.

If you have genuine feelings for each other, get married and start assembling all the documents to be filed after 90-days. If you marry to just obtain immigration...
Read more »

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2 Answers | Asked in Immigration Law and Tax Law for Virginia on
Q: Amending previous returns status from single to married to Non Resident Alien, no SSN or ITIN back then.

I am a US resident and have been mistakenly filing taxes under Single, I know now that I should have been using the Married status eventhough my then husband lived abroad and had NEVER been to the US and had no income tied to the US. He never got an ITIN and I saw that I could have used the mention... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 15, 2021

You coulda mend prit tax returns with your CPA or accountant. In terms of discussing your foreign national spouse ssn and other issues a comprehensive legal review is necessary with an attorney of your selection.

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1 Answer | Asked in Immigration Law for Virginia on
Q: I have question related to my fiance visa. I would like to know if there is a way to faster the process

My case currently is at uscis

Agnes Jury
Agnes Jury answered on Aug 6, 2021

It is possible to request to "expedite" your petitioner but there are limited basis to do so. See here: https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5

If you try to make the request, I would recommend hiring an attorney to help you give it the best try.

Best wishes!

2 Answers | Asked in Immigration Law for Virginia on
Q: I am in US and my husband's immigration process was in progress when I decided to cancel it because of some differences.

I need to know if the process can be resumed or if there is any way to bring it back in progress.

Kind regards

Agnes Jury
Agnes Jury answered on May 24, 2021

More information is needed to answer this question. What "process" and what did you do to "cancel" it. It would be best for you to do a consultation with an immigration attorney. Best wishes!

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1 Answer | Asked in Immigration Law for Virginia on
Q: What category of eligibility do I apply for N400?

I received my Green card back in Feb 2017 when by mom married my stepdad and I was entered into the paperwork before I turned 18. Now I want to apply for naturalization, but on the USCIS site there are few choices and I'm not sure which one I fall under.

I know it has to be either:... Read more »

Agnes Jury
Agnes Jury answered on May 4, 2021

If you mom is still married to your step dad, she can apply for naturalization after 3 years. But unless your mom became a citizen before you turned 18, you will be eligible for naturalization once you have been a permanent resident for 5 years or more. You cannot apply until 90-days before the... Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: My mother is going to be a resident alien through the US Embassy in Bogota, use form I-824 for husband and child blw21.

I am a US Citizen and I petitioned my mother. Her husband is not my father and they married after I was 21 and she has 3 children under 21 (my siblings). Can my mother use form I-824 Follow to join to petition her husband and children under 21?or does my mother need to submit form I-130?

Adan Vega
Adan Vega answered on Apr 3, 2021

As a permanent resident, your mother will need to file a relative petition on behalf of her spouse.

An experienced immigration attorney can provide you with personalized guidance to avoid delays with this case matter.

6 Answers | Asked in Bankruptcy, Immigration Law, Admiralty / Maritime and Health Care Law for Virginia on
Q: Would it be accurate to say that any attorney who passes the bar exam know about client confidentiality?
Mr. Chad Van Horn
Mr. Chad Van Horn answered on Apr 1, 2021

The answer should be yes, but unfortunately, there is a chance that an attorney that passed the bar isn't well versed in client confidentiality.

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1 Answer | Asked in Immigration Law for Virginia on
Q: How long does it take to hear from USCIS after you start the naturalization process?

I attended U.S. universities and currently working through the Optional Practical Training - OPT. However, I don’t have much left and my fiancé suggested that we should just get married so I won’t have to worry about my status in the country. I’m worried about the time it would take to USCIS... Read more »

Nareshwar Singh Virdi
Nareshwar Singh Virdi answered on Feb 18, 2021

I will start with a word of caution: Marrying a US citizen with an intent of getting immigration can have adverse consequences. In terms of the generic timeline, Employment authorization can take few months in processing. I usually recommend my clients to keep at least 6-months.

1 Answer | Asked in Immigration Law for Virginia on
Q: Will a pending divorce cause issues when reentering the country as a permanent resident who has its 10 year card?

After various attempts on fixing our marriage we decided it was broken and divorce is the best thing for us. Will this cause me any issues?

Kevin L Dixler
Kevin L Dixler answered on Dec 25, 2020

Attorneys often have concerns about ‘when’ a client will return once they have to take care of a sick relative. What starts as three weeks and last three, five, ten months or over a year. This can eventually bring into question whether a person’s permanent residence is located in the United... Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: Visa case status was changed from refused to ready but interview was weeks ago.

Hello. My husband had his immigrant visa interview at the us embassy in the Bahamas. His case was refused for administrative processing. He was asked to send his passport to the embassy a few weeks later and now his case status is updated to ready. What does this mean as he already had his... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Dec 1, 2020

It is not possible to advise you for sure. However, when the passport is requested it is usually so that the visa can be placed in the passport. Were arrangements made for returning the passport or picking it up at the consulate?

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 L Mulder
Kyndra L 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 L Mulder
Kyndra L Mulder answered on Jul 22, 2020

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

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