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Virginia Immigration Law Questions & Answers

2 Answers | Asked in Immigration Law for Virginia on

Q: Will living in a government subsidized housing affect my change of status from non-immigrant to immigrant in the future?

I came to the US from Nigeria in August 2017 to do my PhD with F1 visa. The program is for four years. My family (Wife, 3 yrs old daughter and 1 yr old son) joined me in August 2018 with F2 visas. Our only income is the stipend I receive working as a graduate assistant in my department. More than... Read more »

Sheri A Benchetrit answered on May 14, 2019

While in the past use of subsidized or section 8 housing has not necessarily been considered in making a public charge determination, the Department of Homeland Security recently published proposed rules to expand the types of assistance that would be considered in a public charge determination.... Read more »

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1 Answer | Asked in Immigration Law for Virginia on

Q: How to fill the schedule in N 400, part 9 question 3 about days outside the US?

I received my GC about 7 years ago, but left the US in December 22, 2013 until October 2, 2014. That is about 9 months. I intend to file N 400 in may, it will be 4 years and 7 months, so my absence from the US during the last 5 years will be less than 6 months (5 months or few days less).... Read more »

Sheri A Benchetrit answered on May 13, 2019

USCIS looks at the travel outside of the US 5 years backwards from the date that you file. Since it is now May, 2019, they would go only back to May 2014. The number of days that you were out of the US from May of 2014 through May of 2019 is what will count against you. (May through October,... Read more »

4 Answers | Asked in Immigration Law for Virginia on

Q: When do I actually file to remove Condition from my green card?

I have been married for a year in May 2019. I got my 2 year green card in February 2019 which is valid till February 2021. Do i remove conditions on my green card within 90 days of my second marriage anniversary or is it 90 days of the GC expiration date?

Kevin L Dixler answered on May 13, 2019

File within the 90 day period before the 2 year card expires. Otherwise, there can be complications if the petition is not received, not filed or otherwise rejected. Be forewarned that the form instructions are incomplete. That is why it’s wise to seek legal advice. Good luck.

The above...
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1 Answer | Asked in Immigration Law for Virginia on

Q: How to avoid H1B Speciality Occupation RFE?

I am on H1B currently working as Software Engineering Manager. I have Bachelor Degree in Electronics. I am thinking to pursue Master in Computer Science to avoid future RFE for Speciality Occupation.is this wise decision to do masters only to avoid RFE in Speciality Occupation because my bachelor... Read more »

Hector E. Quiroga answered on Apr 9, 2019

If you do not plan to follow through with the any type of immigration case, it is better to withdraw it then wait for an RFE and a potential denial.

2 Answers | Asked in Criminal Law and Immigration Law for Virginia on

Q: My wife, the applicant of form I-485 AOS just got issued a warrant for a hit and run. Our interview is next week...

What should she say during the interview regarding her charge? It’s her first ever offense of any kind and the whole situation was blown out of proportion.

Gary Kollin answered on Mar 31, 2019

Don5 be cheap now. This can destroy everything you have been working for. Hire an attorney

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1 Answer | Asked in Immigration Law for Virginia on

Q: U.S. Citizen & I’ll be petitioning for my wife, do I need to fill out a separate form for each of her children 17&19yrs

Kelli Y Allen answered on Mar 29, 2019

Yes, separate petitions would be required. Check with an immigration attorney to verify eligibility, especially for the older child.

3 Answers | Asked in Immigration Law for Virginia on

Q: Can my mom who has a 10 years tourist visa enters the US multiple times within 5 months?

My mom was here on October 3rd 2018 and left January 7th 2019. She is planning to come on may and leave On July and then returns back in 2 weeks to stay another two months. Will she have any problem returning to the US after two weeks from her leaving?

Deron Edward Smallcomb answered on Feb 7, 2019

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... Read more »

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2 Answers | Asked in Immigration Law for Virginia on

Q: Should I contact USCIS and notify that I am no longer staying in the US?

I have filed form Form I-539 to extend my tourist visa. I have received my confirmation notice and my case has been pending. I went back to my country. The case is still pending. Should I contact USCIS and let them know that I am no longer staying in the US? I am planning on going back to US this... Read more »

Kelli Y Allen answered on Jan 24, 2019

Yes, you should notify USCIS that you have left the U.S. and wish to withdraw you application for extension.

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1 Answer | Asked in Immigration Law for Virginia on

Q: I need help

I lived illegally in USA 7 years ago. Never got a problem. I came back to my country and now I got offer a work permit for Canada as a truck driver to go from Canada to USA and VS. Would the fact that I lived in USA in the past be a problem to enter with a work permit for working purposes only?

Kelli Y Allen answered on Jan 22, 2019

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.

1 Answer | Asked in Immigration Law for Virginia on

Q: we filed an n600 r under section 322 of the INA. USCIS is questioning my wifes physical presence requirement.

She is naturalized. they are saying the physical presence have to be met prior to the childs birth. That is not what it says in the instructions or definition of section 322, it stated proof she she has been in the US over 5 years. We filed to get her son citizenship, he lives in the philippines.... Read more »

Kelli Y Allen answered on Jan 19, 2019

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.

1 Answer | Asked in Immigration Law for Virginia on

Q: Does the U.S. Embassy in Cambodia look at credit reports?

Hi :) I'm a u.s. citizen.. I'm trying to get my wife a visa to be able to come live with me in the U.S.A. She lives in Cambodia .... My question is... Will the U.S. Embassy in Cambodia look at my credit report? Because I'm trying to file for bankruptcy .. I don't want to hurt her chance of... Read more »

Kelli Y Allen answered on Jan 16, 2019

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.

1 Answer | Asked in Immigration Law for Virginia on

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!?

My mom is sponsoring me and it was approved so I’m just waiting on a visa. I’m afraid I’m gonna lose my driver’s license and my job.

Kelli Y Allen answered on Jan 15, 2019

If all you have is an approved I-130, no. That does not provide the basis for employment authorization.

1 Answer | Asked in Immigration Law for Virginia on

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

US government and may be transferred to Europe. Will this affect her immigration?

Allen C. Ladd answered on Jan 5, 2019

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...
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1 Answer | Asked in Immigration Law for Virginia on

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 answered on Nov 3, 2018

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.

1 Answer | Asked in Immigration Law for Virginia on

Q: Calling USCIS while waiting for a green card.

Hello, I've called USCIS multiple times in the past about questions (mainly about the tracking number) I had while waiting for my green card to be mailed. Will this negatively affect the green card delivery?

Daniel P Leavitt answered on Oct 19, 2018

It is hard to imagine why calling someone to inquire about tracking would negatively impact delivery. Good luck!

1 Answer | Asked in DUI / DWI, Immigration Law and Traffic Tickets for Virginia on

Q: Got tickets for driving backwards on HWY, no seatbelt, and suspended license

currently on probation for 5 yrs for dwi and suspended license, Would I have to go to jail?

Daniel P Leavitt answered on Oct 15, 2018

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... Read more »

1 Answer | Asked in Immigration Law for Virginia on

Q: I received the approval notice for my green card but not the green card itself. Can I travel abroad?

2 months ago, I received an approval notice for my green card saying that it was approved. But I still have not yet gotten the actual green card. I have a emergency that requires me to travel abroad, will I be able to leave the country and come back with just the approval notice?

Hector E. Quiroga answered on Sep 4, 2018

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.

2 Answers | Asked in Immigration Law for Virginia on

Q: Do I need my vital records or just the marriage certificate for an adjustment of status?

My fiance and I got married in Virginia last week. I was here on a K-1 (fiance) visa. After the ceremony, we requested copies of the signed marriage license at the courthouse and they gave them to us right away. I was ready to submit my package for AOS when a friend told us that we need to include... Read more »

Kevin L Dixler answered on Aug 29, 2018

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...
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1 Answer | Asked in Immigration Law for Virginia on

Q: Waiting time for a work permit after marriage with a naturalized citizen. Should I expect any problems with green card?

I'm currently in the US on a tourist visa and I have already filed for the extension (six months of my stay has just passed). My fiancee is a green card holder and soon to be a citizen. I would like to ask whether I can experience any problems with my future green card process since she's not an US... Read more »

Hector E. Quiroga answered on Aug 20, 2018

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...
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1 Answer | Asked in Immigration Law for Virginia on

Q: If i get married will that affect my father’s application to get a visa or citizenship?

Me and mi fiancé are both in the military

Hector E. Quiroga answered on Jul 18, 2018

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.

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