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Virginia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Virginia on
Q: On March 20th I was at sears and as I was texting I stepped outside the store with some merchandise in my bag.

I was charged with concealment and my sentence was 30 days of jail, suspended for two years. In the immigration interview, I passed the test to become a citizen. I informed the officer about the traffic ticket violations and that I had a case pending in court. The officer told me that the case will... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Dec 28, 2015

Okay you need to first talk to an immigration attorney, if the officer who interviewed you told you that any jail time less than 1 year would not hinder the citizenship process you should not get a denial letter for 30 days jail time. Some details are missing here, work with an immigration attorney... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: I would like to marry my boyfriend who just went back to El Salvador. Do I marry him there or petition for him to come
Shan Dimitris Potts
Shan Dimitris Potts
answered on Dec 15, 2015

If you are a US citizen you can petition him to come here, the fiance petition might take about 6 months at least. If you marry him in el salvador he will get his green card(considering he does not have any other issues) within 6 to 8 months (again, considering you are a US citizen). Talk to an... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: I got married in America to citizen, I have to go back to France in urgency for a month, will that affect my application

We wanted to start a the green card application once I am back from France, but I am worried they won't accept my application since I left the country

Shan Dimitris Potts
Shan Dimitris Potts
answered on Dec 7, 2015

In this situation you can continue the process from France, it takes almost the same time as it does if you were in the US. The only difference is you will not be able to come to the US until you get your green card. Contact an immigration attorney to prepare the documentation for you and get... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: My girlfriend is interested in moving to the US from Ireland. Is there a way other then a work visa? Can i help at all?

She has visited legally and would like to move here in a few years. Im a legal US citizen.

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Dec 6, 2015

There are questions and answers similar to your situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.

1 Answer | Asked in Immigration Law for Virginia on
Q: does a minor have to wait to apply for citizenship after receiving residence. Father naturalized in 2011.

I became a citizen in 2011 I thought my son would become a citizen at that time but he didn't. we had to put a separate I-130 and received his green card last year. Do I have to wait to apply for his citizenship? son will be 17 in September.

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Dec 6, 2015

There are questions and answers similar to your situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.

1 Answer | Asked in Immigration Law for Virginia on
Q: I have conditional green card my one year son is American national should I get permanent green card on my son basis ?

Cuz my husband wants to give me divorce and I don't want to live without my son he is too young just one year old

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Dec 6, 2015

You can locate general / additional answers to your question at http://aba-us.com/other-services/?lang=en. Good luck.

1 Answer | Asked in Immigration Law for Virginia on
Q: L1B extension option.

I am from India. I got my L1B Visa on May 2013 under employer's blanket petition. Its due expiration on May 2016. What are the ways for my employer to retain me for 2 more years after the expiration in May 2016. Can the employer apply for extension under Premium processing option with USCIS?... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Nov 23, 2015

Premium processing takes 15 business days. In order to apply for a new L1B petition you should have spent one complete year outside the USA. You can however apply for a L1 visa extension. Please work with an immigration attorney to help you with this process. All the best.

15 years of...
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1 Answer | Asked in Immigration Law, Personal Injury, International Law and Medical Malpractice for Virginia on
Q: International student get assualted by a person who tried to rob me

Hi I am an international student here yesterday I was going to my home waiting for the bus. Bus came that guy went first and asked me a change but I don't have any change then he punched me to my chin and pushed me I fall from the bus I got bruise on my chest and feel sore on my face and I... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Nov 20, 2015

Hello,

Sorry about the incident, you might be able to apply for a U visa if you meet certain requirements. However more facts and information is needed, you should immediately contact an immigration attorney as this could be a huge positive for you to get a green card through the U visa....
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1 Answer | Asked in Immigration Law for Virginia on
Q: My boyfriend is applying for a fiancé visa and we're getting married here. Can we move back to his country at any point?
Shan Dimitris Potts
Shan Dimitris Potts
answered on Nov 18, 2015

If you are talking about moving back permanently you will have to wait at least until you become a US citizen too so you can move back. But if you are just talking about visiting or staying for less than 6 months at once you can do so as soon as you get your green card. Please contact an... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: CAUGHT SHOP LIFTING WITH NO POLICE CALLED.AM I CONVICTED OF CRIMINAL OFFENCE NOW?

HI I WAS CAUGHT SHOPLIFTING ABOUT ONE AND A HALF YEAR AGO NO POLICE WERE INVOLVED AND I RECEIVED A CIVIL DEMAND LETTER AND I PAID THE FINE NOW I AM APPLYING FOR NATURALIZATION .WILL THAT INCIDENT AFFECT ME IN MY CITIZENSHIP PROCESS?

Shan Dimitris Potts
Shan Dimitris Potts
answered on Nov 11, 2015

If you were never arrested or convicted you should be fine. I would suggest however to take the documents related to this incident to the interview and only show them if the interviewer asks you about the incident. All the best.

15 years of successful immigration law experience. The answer...
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2 Answers | Asked in Immigration Law for Virginia on
Q: I had filed I130 for my sister couple of years ago Can the priority date for 130 be used for 140 GC filing?

Her employer is planning to apply for GC and can the earlier priority date of 130 be used for this?

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Nov 8, 2015

The answer is NO

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1 Answer | Asked in Immigration Law for Virginia on
Q: How can I apply to bring my 18 year old autistic nephew into the U.S., if I am only a U.S. Permanent resident?

I have been a permanent resident for 17 years, I am working on applying for my citizenship. I recently went to my home country, my nephew is 18 years old. He has not gone to school and does not work. His parents, my brother, cannot afford to get him the correct help. I want to bring him to the U.S.... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Nov 2, 2015

Honestly you can not do anything to bring here even if you are US citizen. You may however have him request a humanitarian parole to come here to he can handle his medical treatments in the US but it is a very risky process and the approval rate is very low. He can however apply for a student visa... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: How i can proof that the intending immigrant's current employment will continue from the same source?

I am the intended immigrant on I-130 i dont live in united states , my wife income is not enough to sponsor me, and i am looking into sponsor my self i have business in my home country and i will have a manager to run my business when i move to united states

Shan Dimitris Potts
Shan Dimitris Potts
answered on Nov 2, 2015

A business overseas will not be enough to sponsor yourself, you will need to have all the amount in liquid assets if they are outside the US. If it is inside the US immovable assets may count. Contact an immigration attorney to help you with this problem. All the best.

Shan D Potts,...
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1 Answer | Asked in Immigration Law for Virginia on
Q: How i can proof that the intending immigrant's current employment will continue from the same source?

I am the intended immigrant on I-130 i dont live in united states , my wife income is not enough to sponsor me, and i am looking into sponsor my self i have business in my home country and i will have a manager to run my business when i move to united states .

Shan Dimitris Potts
Shan Dimitris Potts
answered on Oct 28, 2015

You may be able to sponsor yourself but you will be expected to show liquid assets, having a business or a house abroad will not count. I would suggest you contact an immigration attorney who would be able to guide you through this process. All the best.

15 years of successful immigration...
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1 Answer | Asked in Immigration Law for Virginia on
Q: Need help to apply green card

I'm married to US citizen and came here as F-1 student visa holder Lost my status last year. Need help with low fee and payment plans will be more helpful.

Shan Dimitris Potts
Shan Dimitris Potts
answered on Oct 22, 2015

You should contact attorneys in private to discuss pricing and payment plan options. We are not allowed to discuss prices here because this is a public forum. All the best.

Shan Potts Esq,

888 333 1832.

15 years of successful immigration law experience. The answer above is...
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1 Answer | Asked in Immigration Law for Virginia on
Q: How soon do we need to file I130 and I485?

Hello, I am citizen and she entered country with B2 visa. We got married a month ago. I collecting docs but worry that will miss dead line

Shan Dimitris Potts
Shan Dimitris Potts
answered on Oct 15, 2015

First of all you are doing everything to fast which is going to raise a lot of questions. Your first mistake was to get married under a tourist visa, if you knew you were going to get married you should have opted for a fiance visa. Now she is going to questions about this, she was granted tourist... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: hello, i just got married and my husband is an immigrant currently on F-1 Visa, and has an OPT-EAD card that allows him

hello, i just got married and my husband is an immigrant currently on F-1 Visa, and has an OPT-EAD card that allows him to work for a year till July 2016. Do i have to still file form 1-765 for employment authorization for him again, when filing the 1-485?

Shan Dimitris Potts
Shan Dimitris Potts
answered on Sep 29, 2015

You will first file I-130 with which you will file the I-765 once it gets approved he will have a EAD and when you file I-485 and if it gets approved he becomes a permanent resident and does not require a EAD. If you are not aware of the process I highly recommend having an attorney help you. All... View More

1 Answer | Asked in Immigration Law and Adoption for Virginia on
Q: Adoption and tourist visa while waiting on two years (grace period).

I am a US citizen and willing to adopt a child abroad from Pakistan {non-hauge convention country}.According to law i have to take over the child for two whole years before i can apply for him to come over to USA. What is the possibility for me to bring my adopted child as tourist while i am... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Sep 18, 2015

In order to bring someone to the United states you will need a visa for that person. Talk to an immigration attorney first to find out what options work for you. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed...
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1 Answer | Asked in Immigration Law for Virginia on
Q: Under an E-2 visa, what proportion of a business' capital would typically be considered "substantial"?

I am a citizen of Egypt. I am considering opening a consulting business, so the costs would be relatively low. Does this mean I would need to invest 100% of the capital?

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Sep 9, 2015

Seek advice from an experienced immigration attorney. Good luck. www.aba-us.com

1 Answer | Asked in Immigration Law for Virginia on
Q: Can I apply for I130 and I485 without original I94?

I have the copies of I94; however, I lost the original I94 on my passport. I know that it is okay to send a copy to USCIS for I130 and I485 but USCIS requires people to bring their original documents for the interview day, including I94. Is it going to be okay to tell them that I lost my I94? Can I... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Sep 8, 2015

Just go to google.com and type I-94 and click on the one that says "I-94 - Homeland Security" and hit agree on the first page and enter your details on the second page and you can get your most recent I94. All the best.

15 years of successful immigration law experience. The...
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