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Virginia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Virginia on
Q: I-864 household size and income requirement?

me and my husband living together only two of us. he have lost his visa status 1 year ago he came here as F-1 student but due to uncertain reasons he have lost it. i would like to sponsor him for GC and work authorization. what should be my income requirements and do i have to count him in... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 19, 2016

Hello,

You should include your husband in the household size as he lives with you. For a household size of 2 you should be making more than $19,912. You can visit this link to get more information http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf. All the best.

-Shan...
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1 Answer | Asked in Immigration Law and International Law for Virginia on
Q: Im in f-1 status now I want to apply green card as my brother is a citizen here.How long it will take to get Greencard
Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 19, 2016

Which country are you from? Getting a green card through your brother comes under the category F4 (Family visa). Go to the visa bulletin and check what is the current priority date for your country and you will get an idea of how long it might take. Many immigration attorneys including me offer... View More

2 Answers | Asked in Immigration Law for Virginia on
Q: I'm an E2 holder working for US branch. I'd like to start my own business, can I work for my company without extra visa?

I hold E2 visa for one company. I would like to start my own company, but I have E2 visa for the other company. I was informed I cannot work for any other US company. But what if I worked for the company I established - do I have to have a contract with my own company? Or can I work for my company... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 13, 2016

If you hold an E2 visa you are only supposed to work for the company you invested in. If you want to start your own company and if you think the investment on that company would be substantial you can get a E2 visa for that company but you can not work for two companies at the same time. All the... View More

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1 Answer | Asked in Immigration Law for Virginia on
Q: Does marrying a US citizen , during your 5 year lawful permanent resident requirement for citizenship , change the

timeline for citizenship? I am a US citizen. Born here. We will have been married less than 3 years when he hits his 5 year lpr mark. He entered the country on an E1(skilled workers visa).His green card was issued the day he entered the country. And his catagory is E31. Expiration date of green... View More

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

You might have possibly heard some wrong information, marrying a US citizen does not change the citizenship process. But more details are needed as to how he obtained his green card and what was your immigration status during the marriage. Talk to an immigration attorney in private, All the best.... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: My mom&dad came to US in 2000 and stayed for 2 years.They since been living abroad. Dad passed away. Can mom come

How can I get mom to come to U.S. She came in 2000 and stayed about 2 years. She had green card/ssn and went back overseas and lived abroad. Never reentered U.S. She has not come over 10 years plus. Do I apply via I-130 again? In 2010 I tried to have mom come and applied with I-130 and INS... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 6, 2016

First contact an immigration attorney to find out if your mother's permanent residence status is still active. If it is active she will be able to come in to the US and get a new card at the port of entry. If her permanent residence is not active you will have to apply for I-130 again. All the... View More

2 Answers | Asked in Immigration Law for Virginia on
Q: I am in need of advice, my boyfriend is a permanent resident. His permanent residency is set to expire in 3 months

However he has a third degree sex offense, what would you recommend he do? He wants to fix this, but we are now both scared since he has a good job and we will be having a baby soon. I don't want him deported or losing his job, in april he has to present his green card to renew his job. With... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 4, 2016

How did he obtain his permanent residency? And was he convicted before or after receiving the green card? without knowing these vital information it is not possible to answer or help you. Many attorneys including me offer free consultations, so make use of them. All the best.

15 years of...
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2 Answers | Asked in Family Law and Immigration Law for Virginia on
Q: My husband is cheeting on me, and has traveled to honduras, he got his green card by me. What can I do?

I want the green card yo be taken from him

Shan Dimitris Potts
Shan Dimitris Potts
answered on Dec 30, 2015

Your husband cheating on you is not a valid reason for revoking his green card. If he has a conditional green card you can talk to an attorney and divorce and he has a chance to lose his green card. The only other option you have is to prove your marriage was a scam and he only married you to get... View More

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1 Answer | Asked in Immigration Law for Virginia on
Q: Can I apply for citizenship if I have a criminal history

Got green card on August of 2010 in March 2011 Got ARRESTED For Domestic Violence. Pleaded no contest got 6 months probation. In 2013 I got arrested again for petty larceny pleaded guild and got 60 days suspended sentance. I left the u.s. and got a temporary residence card in the Netherlands for 10... View More

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Dec 29, 2015

You need to hire an immigration attorney; 99% of calls we get regarding naturalization are from clients with convictions who filed their applications without an attorney.

1 Answer | Asked in Immigration Law for Virginia on
Q: i am us citizen and i want to apply my mother from state pakistan

but my question is my brother is under 21 and child can he come with mother

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Dec 29, 2015

You can file for him, but he will not be able to enter the US with a green card for 11+ years (no immigrant visa is available for him). Your mother is an immediate relative -her case is not preference-based.

1 Answer | Asked in Immigration Law for Virginia on
Q: Will Social assistance affect my immigration to the USA?

We have some concerns regarding inadmissibility. My fiance (Canadian citizen) is having some dental issues. She does not have dental insurance and dental care is not covered by Canada's nationwide healthcare program. There is a social assistance program that temporarily helps with dental... View More

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Dec 29, 2015

It is never helpful to obtain public assistance (as that presumes you will do the same when you are in the U.S.). Get off of it ASAP. That being said, it should not make you "inadmissible."

1 Answer | Asked in Immigration Law for Virginia on
Q: I am a dreamer and im applying for college. The only option im given is c14 deferred action is that the same as c33?

I know im not a citizen so for my citizenship status I chose alien temporary. But no other option relates to me other than c14 deferred action? Is that the same as c33? Which is what I chose when applying for DACA. Please help!

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Dec 29, 2015

Dreamer is "Deferred Action for Childhood Arrival" which is different than "Deferred Action" for adults.

1 Answer | Asked in Immigration Law for Virginia on
Q: I came with my mother to usa when I was 6.my mother had a f1 visa and I had a f2 visa. We overstayed our visa date.

We overstayed our visa date by 10 years. And I was 16 when we wanted to return back to our country and left USA. Now 20 I want to know if I can return to usa or if I'm banned to ever return.

I was thinking I can go to us because I was a minor when I left USA. Need some help

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Dec 29, 2015

First, the "visa" expiration date does not matter; how much longer did you remain after your I-94 expired? If more than one year, then you are subject to the 10-year bar. Unlawful presence is not counted for the time you were under 18 years old. However, if you remained outside the US... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: How long does it take to change from f2 to f1?

i have applied in March 2015 and I have not received my visa yet. I had to defer summer semester and Ido not like to defer fall semester (24 August)

What can I do receive my visa as soon as possible?

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Dec 29, 2015

Visas are issued only if you are outside the U.S. Did you file a change of status in the US? If so, it depends on which Service Center it went to; California is taking 2.5 to 3 months whereas Vermont is taking about 12 months (yes, one year).

1 Answer | Asked in Immigration Law for Virginia on
Q: What can we do to start my boyfriend's process to becoming a citizen?

My boyfriend came to the united states when he was just 3 years old, he is now 23 and we just had a baby. I am a citizen of the UNITED STATES, we have been together for over 4 years now. What can we do to start his process and what will we need?

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Dec 29, 2015

Did he enter the US legally (was he inspected and admitted) or any other complications? This makes the difference between hiring an attorney to handle the matter.

1 Answer | Asked in Immigration Law for Virginia on
Q: Question about joint sponsor

I am currently living in Tunisia with my husband and we would like to come home to America. My mom would like to be a joint sponsor as I don't have enough income and assets.

She and my step-dad are on SSDI (not SSI) don't make quite enough per month and don't have assets... View More

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Dec 29, 2015

Get a 2nd joint sponsor.

1 Answer | Asked in Immigration Law for Virginia on
Q: How to find number of certificate of naturalization without ordering a replacement ?

Filing docs for spouse and it needs certificate number, I am currently on a business trip for the extended period so do not have original on me.

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Dec 29, 2015

File a FOIA.

1 Answer | Asked in Immigration Law for Virginia on
Q: Currently H1B is in progress for my wife .Can I file H4 also for her and bring her to USA before H1B processed

HI ,

I have filed H1B for my wife on March 2015 .Its got picked up in lottery and acknowledged with petition number .After that till now I dont see any update on that saying its in security check.So my question is could I file her H4 as a dependent of mine .Please advice.

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Dec 29, 2015

No, if she is consular processing then you must obtain your approval, which she will need to present at her interview.

1 Answer | Asked in Immigration Law for Virginia on
Q: I got two J Visa and both include the condition of the 2 years home residency. Shall I apply for a wavier for the two?

Hello,

I have some questions about the J Visa wavier

1- I was a PhD student in the US and was having a J Visa with the condition of the 2 years home residency. After finishing my PhD, I went back to my home country for only one year and then come to the US as a research associate... View More

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Dec 29, 2015

A visa waiver takes at least 1 year; start ASAP.

1 Answer | Asked in Immigration Law for Virginia on
Q: Have a Visa till Sep2017 from ABC. joined a XYZ in Nov and ABC petition cancelled, does a new stamping req to enter US?

I have new petition and new i797 with me.

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Dec 29, 2015

Legally, you are obligated to obtain a new visa stamp.

1 Answer | Asked in Family Law and Immigration Law for Virginia on
Q: Can I delay filing petition for my children as long as their age is less than 21?

I am asylee granted in 2014 and I have two children who live abroad but I don't want to bring them here in USA right now because I'm not strong enough financially therefore, is it mandatory to bring all derivatives with in two years time or is there a possibility to delay the filing for... View More

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Dec 29, 2015

It is not advisable to wait.

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