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Virginia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Virginia on
Q: i am an LPR on my way back in 2010 at airport ice detained me for a marijuana conviction form 2013 and detain me4 3month

before releasing me now my hearing is sechdual in 2022 with this new crackdown can ice detain me again and put me in jail until the hearing which is in 5years? i wasn't illegal ever i m in removal process for 3gm marijuana charges?

Gary D. Godman
Gary D. Godman
answered on Mar 3, 2017

If you were to be detained, your case would be moved up and heard faster. This is serious stuff. Drug charges are among the most detrimental to an immigration status. If you don't have an immigration attorney assisting in your defense, you need to get one immediately. There are many... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Which is easier marrying my Jamaican boyfriend in Jamaica or K-1fiance visa?
Gary D. Godman
Gary D. Godman
answered on Mar 3, 2017

All in all, the processes are about equal. Whichever way you decide, you should talk with an immigration attorney for at least some initial guidance on the requirements. There are many immigration attorneys in and around Alexandria, and those outside of the area will likely be able to do a phone... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Can a dreamer travel within the US at the moment after Trump has indicated he will protect them?

This dreamer has a removal of deportation but is currently not in trial. Case has to be reopened as this was 19 years ago. Is it still safe to currrently travel? Dreamer has traveled within Us states before. Thanks!

Gary D. Godman
Gary D. Godman
answered on Feb 24, 2017

Hypothetically it is safe to travel within the US...HOWEVER we are seeing reports of passengers on domestic flights being asked for identification by immigration agents. If this dreamer has DACA, he/she is in better shape. However, anyone without a status must be extraordinarily cautious at this... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Are there any chances of approval after a NOID?

I recently recieved a NOID regarding my change of status from B1/B2 to F1. I was curious to know what chances are there for the approval of the COS once the requested evidences are submitted? Does the NOID tend to change the director's decision? I would really appreciate your help!

Matthew J Hartnett
Matthew J Hartnett
answered on Feb 22, 2017

Yes, it's possible to overcome a NOID, but it really depends on the facts presented and the evidence you will be submitting in response. If you don't submit anything, it's unlikely you will succeed.

1 Answer | Asked in Immigration Law for Virginia on
Q: My fiancé has just applied for a B1 visa for a one month medical rotation, and he mentioned that his fiancé lives in

the states as well. We do not plan on getting married since he will be going back to his country of origin to complete the remaining time of his medical school and he plans on working there for a year as well. I plan on applying for his fiancé visa during that period. We just found out that... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Feb 22, 2017

With his application he should submit plenty of documentation to demonstrate that he is going to the USA only for a rotation - the dates of the rotation - when he intends to return to his medical school in his home country. If he has prepares or pre registered that will be great.

A letter...
View More

1 Answer | Asked in Immigration Law for Virginia on
Q: I have a cousin from my father's side of the family who does NOT have any documents,I am a American citizens.can I help?

My cousin has been in this country for 10 years working and paying taxes! How can I help her.

Matthew J Hartnett
Matthew J Hartnett
answered on Feb 17, 2017

Unfortunately you can't file for your cousin. But, your cousin should consider scheduling a consultation with a lawyer to discuss her options.

1 Answer | Asked in Immigration Law for Virginia on
Q: I am z permanent resident, I plant to travel outside of the USA. I have a driving without lisence and reckless driving?

Would any of those charges prevent me from entering the country under trumps new law? Thank you

Heather Travar
Heather Travar
answered on Feb 11, 2017

You need to consult with an immigration attorney before leaving the country. The recent executive orders are broad enough to potentially include permanent residents. However, Trump aside, you still need to discuss the potential impact of these charges on your current immigration status and any... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: My husband received a waived deportation document from a immigration judge, what to do with that document?

My husband is ex Marine but yet to recieved or grant for green and citizenship in USA, so we should proceed to fill I-130 and I-485 or what we should do?

Matthew J Hartnett
Matthew J Hartnett
answered on Feb 5, 2017

Do you mean the judge terminated proceedings? Or did he or she grant you a waiver? If so, what kind of waiver? (there are many!) You should sit down with an immigration attorney for a consultation. Many of us offer free consultations as these issues can be very fact specific.

1 Answer | Asked in Immigration Law for Virginia on
Q: Are there any state laws or statutes preventing Virginia schools from sheltering refugees?
Matthew J Hartnett
Matthew J Hartnett
answered on Jan 26, 2017

Unfortunately this isn't an immigration law question. It also really depends on what you mean by "sheltering". I would check with your local congressional representative in your state.

1 Answer | Asked in Immigration Law for Virginia on
Q: I am Venezuelan and My husband is from Chile..Can I get asylum and have him as a beneficiary.
Kyndra L Mulder
Kyndra L Mulder
answered on Jan 22, 2017

A husband can be a derivative to an asylum application.

2 Answers | Asked in Immigration Law for Virginia on
Q: I recently got married to my partner who is an illegal immigrant. Can I give him citizenship or at least a green card?

He has been in the U.S. illegally for 4 years. We are expecting a child at the time. How can we make this possible?

Kyndra L Mulder
Kyndra L Mulder
answered on Jan 12, 2017

If your partner was admitted into the USA with a visa you can sponsor him to adjust status from inside the USA. If he was not admitted he may currently be eligible for a provisional waiver. However, the provisional waiver was enacted by an Obama executive order and may soon be cancelled as an... View More

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1 Answer | Asked in Immigration Law for Virginia on
Q: N-400

I am applying for my mom's citizenship, and have a question on Part 12 of the form. She never worked anywhere, but was my dependent on tax returns throughout. Should i answer "No" to question 6 and 7(a) "Yes" and 7(b) "No" ?

Please advise.

Gary D. Godman
Gary D. Godman
answered on Nov 29, 2016

From the information provided here, that appears to be correct, but she will need to provide a written statement (per the instructions for Part 12 on page 11) explaining why she answered "yes" to 7(a). Consider consulting with an immigration attorney who can review her entire situation... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: My boyfriend/fiance is being detained. Do we have a chance of avoiding deportation?

My boyfriend came here January 2006 on a work visa. He had an order of removal in 2011. I'm not sure if he was aware of this at the time. He had a Dui in WV on 5/5/13. He was just convicted of another DUI and destruction of property(misdeamenor) on 10/13/16. He had a 48 hour sentence and was... View More

Gary D. Godman
Gary D. Godman
answered on Oct 27, 2016

He may have some options, but the process is going to move quickly because of his misdemeanor record and prior removal order. You need to contact an immigration attorney to review his case, especially the circumstances around his 2011 removal order and whether that can be rescinded. An important... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: I want to bring my adult unmarried daughter to the US. I am a permanent resident, my name is not on her birth certificat

How do I approach the petition process? Should I do the DNA test first and include the results with the application?

Matthew J Hartnett
Matthew J Hartnett
answered on Oct 21, 2016

You could file the I-130 with additional evidence that she is your daughter. In the meantime, you could get DNA test. It really depends on how fast you plan to get the DNA test done. If you think it will take a while, file the I-130, if you can get it done quickly, then waiting would make sense.

1 Answer | Asked in Immigration Law for Virginia on
Q: Can my husband be deported at court for no license he has a international license from kentucky he is illegal .

Im resident my husband is illegal he got a court on november for no license he has a international license from kentucky but the police didnt accepted i guess thats why he send him to court for no license can he be deported ?

Matthew J Hartnett
Matthew J Hartnett
answered on Sep 29, 2016

The level of risk to being detained by ICE depends on his criminal history, his immigration history and particularly the local law enforcement in your area. If you are a permanent resident, have you discussed with a lawyer whether you are eligible to file for your husband to get his green card?... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: What are my options to get residency and subsequently citizenship

Hi I came to the United States in 2005 on a F-1 student visa. I got married to a united states citizen in 2009. We lived together for about a year before we started having marital problems. I left SC & moved to VA but never filed for divorce &she did not either. During the time we had... View More

Gary D. Godman
Gary D. Godman
answered on Sep 26, 2016

You appear to have some possible options based on your marriage. However, without reviewing your entire immigration history and knowing the other details of your story, it's not possible to give a full diagnosis on this public website. Consider consulting with an immigration attorney near... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Need to know if senior above 65 years old has to satisfy 5 years of stay requirement before applying for citizenship?

My parents are holding green card from 2014. They are aware of the fact that they need to wait for 5 years before they can apply for citizenship, but need to confirm if there is any exception for this rule for seniors an the can apply after there continuous stay requirement is fulfilled or they... View More

Gary D. Godman
Gary D. Godman
answered on Sep 26, 2016

Yes, they must wait for the regular 5 year period. Generally, the only time age is a factor is when it relates to the English and Civics requirements. For example, persons over 65 who have also been LPRs for 20 years do not have to take the English test, and they receive an easier version of the... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Does immigration look at the Prenuptial as suspicious on the part of the groom that maybe his wife will get green card?
Gary D. Godman
Gary D. Godman
answered on Sep 12, 2016

I don't think it is an automatic red flag, but it is certainly of interest for USCIS or the consular officer - they are trying to decide whether this is a legitimate marriage, and there may be clues as to the legitimacy within the prenup. Consider speaking with an immigration attorney about... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Is there an expedited process for US Citizen marrying a foreigner on visitors visa & doing Adjustment of Status w/ USCIS

Is there any faster method than simply completing the following forms, paying appropriate fees and sending them in with all required documents which can be submitted at the same time in one package?

1) I-130, Application to Petition for Alien Relative - $420

1a) Passport-type... View More

Gary D. Godman
Gary D. Godman
answered on Sep 12, 2016

There is no expedited process for this type of case. Without knowing the entire situation, I can't advise as to whether your application is complete. Consider speaking with an immigration attorney to help review your forms.

1 Answer | Asked in Immigration Law for Virginia on
Q: My brother undocumented is been held by immigration for DUI in the state of virginia. My father and I are US citizen

My father and I are US citizens, is there something we can do to prevent deportation

Stanley Dale Radtke
Stanley Dale Radtke
answered on Sep 8, 2016

If you are a US citizen, then the US government cannot deport you. Is there someone else you are thinking about?

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