Virginia Immigration Law Questions & Answers
Q: Can I marry to GF who is here in US on Visitor visa?
I am a US citizen, and my GF is an Indian citizen and in Canada on a student visa. She got a US visitor and visited the US for a week in April 2019. Now we are planning to get married in Oct-2019, she will come here in the US for a week and get married and then she will go back to Canada.... Read more »
This is a very sensitive issue in the eyes of the Immigration officers who will explore the questions surrounding your marriage interview. You should discuss your case privately with counsel for a full review of the facts of the situation.
Q: Can I marry an American citizen while my asylum case is pending?
Well, I am applying for assylum during my time here in US I made a relationship with American citizen for more than one year we wanna get married and he wanna help me with the immigration documents but he in the past made a student loan and is still pending and recently he had a car accident were... Read more »
Counsel anywhere in the USA can represent you for your marriage petition. More facts would be needed to see if any grounds of inadmissibility apply. Your fiancé legal problems with his car accident would most likely not affect the process, but there may be exceptions to this that apply. A free... Read more »
Q: I can the the USA on a VWP I overstayed by about a month now. What are my chances I have a final deportation order ?
I came to the us in March on a VWP and my 90 days ended in June. My US citizen husband and I got married in May , we originally planned on AOS but some private issues made it so that we weren't able to file yet, we are considering moving to My home country ( Germany) but haven't found a clear... Read more »
Those who are put in immigration court are usually arrested, or notified after they file an application and the application is denied. A person must be issued a written notice to appear before the immigration court. Usually, there must be proof of service, but a person who is documented should... Read more »
Q: This is regards to H4 to F1 conversion (Stamping in India). Rejected 1st time what are chances of approval 2nd time?
My wife went to India for H4 to F1 stamping and the visa got rejected with 214(B) clause and the description says it as the potential immigrant.
Interview questions were asked about OPT and why changing from H4 to F1.
What are the chances of approval for the second time?... Read more »
You wife needs to show that she has significant connections to India that would preclude her wanting to stay in the US—family, assets, school or work, etc.
Q: The NVC can't locate my mother's approved petition(i-130) that USCIS sent them more than 6 months ago. What to do?
Several times I contacted USCIS and NVC. USCIS says that they sent it and I need to contact NVC while NVC says I need to contact USCIS. Also, I wrote to Senator and Congressman, they both contacted them and got the same results. It has been over 6 months now since USCIS sent my mother's approved... Read more »
Someone is not trying hard enough. We recommend that you contact an immigration attorney for assistance.
Q: cost/time of getting my Dominican Republic girlfriend here I Virginia?
the love is mutual and we no longer want to be apart. She has two sister's already in the states if that has an advantage for our situation
There are different Immigration rules that would be applicable to your girlfriend coming to the United States. Absent knowing more information regarding you and your girlfriend I can't provide any specific guidance. Information such as: are you a U.S Citizen or a green card holder, what is your... Read more »
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 »
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 »
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 »
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 »
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?
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... Read more »
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 »
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.
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.
Don5 be cheap now. This can destroy everything you have been working for. Hire an attorney
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
Yes, separate petitions would be required. Check with an immigration attorney to verify eligibility, especially for the older child.
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?
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 »
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 »
Yes, you should notify USCIS that you have left the U.S. and wish to withdraw you application for extension.
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?
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.
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 »
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?
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 »
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!?
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.
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
US government and may be transferred to Europe. Will this affect her immigration?
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... Read more »
Q: I got a std while studying in the US. It affects me enormously physically and psychologically. Can I apply 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.
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