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Virginia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Virginia on
Q: I filed an I-130 for my husband & it has been received, can I also file an I-485?

He has been in the US for two years & we have been married for one year.

Gary D. Godman
Gary D. Godman
answered on Apr 7, 2016

It primarily depends on his immigration history (did he enter without papers, did he overstay a visa?). Consult with a local immigration attorney to discuss his background and eligibility. If you had an attorney for the I-130, ask him/her. Good luck!

1 Answer | Asked in Family Law, Immigration Law and Juvenile Law for Virginia on
Q: my 12 year old brother and my 11 year old sister are u.s citizens and are currently living in El Salvador with my mother

, I want to bring them here to the U.S with me but their passports are expired. What do I need in order for them to come back to the U.S and be enrolled in school. I'm currently 18 turning 19 on sept. 04 and my mother is giving me permission to do so since she has sole custody of them.

Gary D. Godman
Gary D. Godman
answered on Apr 5, 2016

First things first - they need renewed passports. Review the American Citizen Services page at the US Embassy - San Salvador website for requirements: http://sansalvador.usembassy.gov/service.html.

Whether or not mom can give you permission to assume custody would depend on if there is a...
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1 Answer | Asked in Family Law and Immigration Law for Virginia on
Q: my mother had some type of residency but was on probation and left for a family emergency did not tell any one and fled

to mexico came back got arrested then deported for almost 10 years can I sponsor her after the 10 years so she can come back legally ? what can I do ?

Gary D. Godman
Gary D. Godman
answered on Apr 5, 2016

It may or may not be possible depending on when, how, and why she was deported (or if she was even "deported" within the meaning of the law). You're going to have to consult with an immigration lawyer and lay out all the facts with him/her to find out if this is a reasonable option... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Iraqi citizen in the US, with work permit and valid i-94 Can I visit Canada for two weeks without re-entry visa to USA

Do I need a re-entry permit or Travel document to be able to come back to the US.

Thanks!

Shan Dimitris Potts
Shan Dimitris Potts
answered on Mar 25, 2016

It depends on what kind of visa you are on at the moment, talk to an immigration attorney in private. Many immigration attorneys including me offer free consultations, make use of the consultations.

All the best.

-Shan Potts

Like our facebook page for regular immigration...
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1 Answer | Asked in Immigration Law for Virginia on
Q: can i apply for an L1A while i'm currently in US with a TPS ?

Im a Yemeni nationality living in Malaysia. I incorporated a new company in US , i also have got a lease for a place to start my business and i have started the renovation. my business in malaysia is still running . I came to the US with B1,B2 visa, my B1,B2 visa expired on the January 15th.USCIS... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Mar 15, 2016

Most likely you cannot at this moment since you are technically out of status, You need to contact an immigration attorney as soon as possible to find out what other possible options can help you stay in the US legally. Many immigration attorneys including me offer free consultations, make use of... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: What are my options?

Hello, I am an seventeen year old immigrant. I was brought here legally with my mother, but overstayed, at the moment by 1.5 years. My dad has been a green card holder for over 6 yrs but when he applied, for some reason, he lied saying he had no kids. What are our options at the moment? I have no... View More

Gary D. Godman
Gary D. Godman
answered on Mar 14, 2016

Your family needs to consult with an immigration attorney ASAP to review your father's application paperwork and your options. I say ASAP because once you turn 18, you will begin accruing "unlawful presence" which will trigger a 3- or 10-year bar on entering the US after too long.... View More

2 Answers | Asked in Immigration Law for Virginia on
Q: have been married for 13 yrs have been separated for the last 5 yrs, because he being on alcohol and drugs, and

verbally abusive.can I still apply for green card.

Gary D. Godman
Gary D. Godman
answered on Mar 10, 2016

If, among other requirements, you have been the subject of extreme cruelty by your US citizen or LPR spouse, you may be able to petition for your own green card. You can review the requirements at USCIS's website here: https://www.uscis.gov/humanitarian/battered-spouse-children-parents.... View More

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2 Answers | Asked in Immigration Law for Virginia on
Q: i am living in the u.s.a. my nephew is an american citizen, and i have custody of him , he is now 24 yrs and wants .

to know if he can file for me. also is married to american citizen for 8 yrs. but seperated because he is on drugs and alcholic.can i still get my green card

Shan Dimitris Potts
Shan Dimitris Potts
answered on Mar 8, 2016

Only your direct family members can file for you. Those are your parents, spouse, siblings. Unfortunately your nephew will not be able to help you with your immigration situation. Many immigration attorneys including me offer free consultations, make use of the consultations.

All the best....
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1 Answer | Asked in Immigration Law for Virginia on
Q: I am a U.S citizen and I have 2 kids, and my wife 's immigration visa will expire on April, and my children immigration

Visa is under process, and I want them to come with her, what I should do?

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

Unfortunately, there's not enough detail here to give you general information about your question. Some visa types can be extended. If you don't have an immigration attorney already, you need to consult with one to discuss your options. Good luck!

1 Answer | Asked in Immigration Law for Virginia on
Q: I'm a f1 student, my apartment wants to give me $500 as referring credit used for rent, is it a violate to my status?

My apartment wants to give me $500 referring bonus as a credit for my monthly rent, and is asking me to fill a w8. I'm a non-resident alien (on F-1), not quite sure whether it is legal to accept it without violating my F1 status, I understand I'll need to pay tax for it. I'm confused... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Feb 17, 2016

If they are giving you the $500 in credit towards your credit then you should be. The W-8 is for the apartment company so they can write it off in their taxes, you should also keep a copy as you will also need to file taxes come April 15 (yes, even F1 students are required to pay taxes even though... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: How to demonstrate domicile in the united states for a permanent resident applying for immigration of his son?

My father is a 71 year old retired medical officer from India with a green card. He has 3 children. One son and one daughter that are citizens of the united states and one son who is still studying in college in his early 20s in india. Given that his youngest son is not well settled yet, he has to... View More

Gary D. Godman
Gary D. Godman
answered on Feb 16, 2016

You're going to want to gather any and all papers, documents, bills - anything - that ties his name to whatever his address may be in the US. Caution, however - it's possible to abandon permanent residence in certain situations if out of the country for too long. Your father should... View More

1 Answer | Asked in Immigration Law and Adoption for Virginia on
Q: question in regards to adoption.

I am from Bangladesh. I was adopted by my uncle (mother’s side) who is a US citizen and brought into USA. First my uncle applied for legal guardianship in Bangladesh and finally I was adopted in USA. Now, I have a younger sister (biological) in Bangladesh. She is 23 years old. Is there way I can... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Feb 12, 2016

If you are US citizen you might be able to sponsor her for a green card, but she will have to wait until her priority date becomes current which may take more than 10 years. Talk to an immigration attorney regarding this situation. Many immigration attorneys including me offer free consultations,... View More

2 Answers | Asked in Immigration Law for Virginia on
Q: I am a us citizen. I want to bring gf here from bolivia. Should i marry there or bring as fiance i read? Please tell me.

I want to marry her. How long will it take to bring her. As my fiance or wife. She is bolivian. 18. I'm 22. I have double citizenship from usa and bolivia.

Shan Dimitris Potts
Shan Dimitris Potts
answered on Feb 12, 2016

If you apply for a fiance visa, the whole process takes about 6 months and then after you get married you need to apply for her green card which will take another 6 to 8 months. If you marry her in Bolivia and apply for green card she will get her green card in 6 to 8 months. If you apply for a... View More

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1 Answer | Asked in Immigration Law for Virginia on
Q: First F-1, second I-130, third H-1B, fourth I-485?

Hello and thank you for reserving time to answer questions. I'm an American Citizen and I’m going to sponsor my brother to study in a university here. I'll also apply for his green card after he starts to study and would like him to stay here until I can file Form I-485. So I have two... View More

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Jan 21, 2016

Yes, timeframe is 11 years at present. Yes, he can go F-1, OPT, then H-1B. He needs to maintain status at all times. Though H-1B leads to Green Card. That's the better way to go.

1 Answer | Asked in Immigration Law for Virginia on
Q: can someone from a different state(for instance North Carolina ) petition for my us permanent residency in Virginia
Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Jan 21, 2016

This is a loaded question. If it is a spouse, yes, but much needs to be proven. If it is an employer, again much should be proven.

1 Answer | Asked in Immigration Law for Virginia on
Q: How to correct a mistake on immigration form after it's been sent?

I sent away my immigration package last Friday. It arrived at the Lockbox facility in Chicago yesterday morning. After over checking my copies, I noticed a couple mistakes. I forgot to write down my Class of Admission on form I-131. I also forgot to write down my i94 number and my current USCIS... View More

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Jan 21, 2016

It might get rejected (though I doubt this). For the I-485, you may get sent an RFE, or you may make it all the way to the interview and you can fix it at that point. As for the I-765 and I-131, you may get an RFE or the EAD may get issued with the wrong code. You can try and send notice via Fed... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Do I get a copy of my Certificate of Foreign Birth from Virginia Dept of Health or from the Dept of State (CRBA)?

Was adopted by a US citizen but he didn't apply citizenship for me - my mothers Filipino. So am technically not a US citizen. Am from the Philippines. I just need a newer copy of my vital certificate (they issued - a V.S. 15B - Certificate of Foreign Birth (short form) to get authenticated by... View More

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Jan 21, 2016

I have used Vital Records to get copies of those born in the U.S. If you were born abroad, contact Dept. of State to obtain Certificate of Foreign Birth or sometimes the Embassy in DC can assist.

1 Answer | Asked in Immigration Law for Virginia on
Q: If my fiance is already in the US, do we need to get a fiance visa before getting married?

He is here on a visa waiver for 90 days. We are worried getting married on a visa waiver will be considered fraud.

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Jan 21, 2016

Even if you wanted to, the visa waiver does not allow your fiancé to change status within the U.S. That's a condition of the visa waiver. Regardless, no fiancé visa is required. Are you a U.S. citizen or an LPR? Timing as well as intent are issues (because of the presumption of fraud). It... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: I entered the U.S. on a J-1(not subject to the two-year residency requirement) visa, can i apply for Green Card?

I entered the U.S. on a J-1(not subject to the two-year residency requirement) visa, then i applied and got b2 visa and after that the company that i worked for applied for h2b visa and the visa got denied. Now after 3 years i am married to a U.S. citizen. May I adjust my status?

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Jan 21, 2016

Legally, you are eligible to adjust as long as you meet all of the criteria (apart from the 2 year FRR). I would love to handle this matter for you.

1 Answer | Asked in Immigration Law for Virginia on
Q: Does H1b Salary be revised by employer, if Minimum prevailing wage for that job is revised (yearly in DOL site)?

Hi All,

I have below doubt regarding my salary and LCA.

When my LCA was originally approved it has some amount (Minimum prevailing wage) mentioned in it, but a year later wages in that areas are revised (every year in July updated ICERT LCA site) and increased but I am getting... View More

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Jan 21, 2016

The LCA has validity dates at the bottom (usually 3 years). As long as they are valid during H-1B process, then employer has complied.

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