Ask a Question

Get free answers to your Immigration Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Virginia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Virginia on
Q: My question is about form I - 485, Part 8, question 24a, 24b and 24c.

Question 24a asks if someone had a J-1 nonimmigrant visa. Question 24b asks if you have complied with the foreign residence requirement. The answers to both of the above questions are "Yes." in this case.

Now, question 24c asks if someone was granted a waiver or if the Department... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2024

If you have fulfilled the two-year foreign residence requirement by returning to your home country for the required period, and did not receive a waiver or a favorable recommendation to waive this requirement, then you should answer "No" to question 24c.

Question 24c specifically...
View More

1 Answer | Asked in Family Law, Immigration Law and Adoption for Virginia on
Q: How do I adopt my girlfriends teenage son whose father lives in the Philippines. The father is not a US citizen.

The father has no legal or physical custody rights.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2024

To adopt your girlfriend's teenage son, you will need to follow Virginia's adoption process, which involves several legal steps. Since the father is not a U.S. citizen and resides in the Philippines without custody rights, you must obtain his consent or establish that his consent is not... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Is Citizen born abroad 1977 affected by the retention requirements repealed in 1978?

Born in 1977 out of wedlock to a US citizen mother who met the residency/physical presence requirement before my birth because I was not old enough to lose my citizen due to retention requirements before they were appealed in 1978 does that mean I'm no longer subject to those?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2024

You're asking whether you are still subject to retention requirements, given that you were born abroad in 1977 to a U.S. citizen mother, and the requirements were repealed in 1978.

Since the retention requirements were repealed before you were old enough for them to apply, you are not...
View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Can you get deported for going to a court ceremony to get your driver's license (You have a deportation order)
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2024

Yes, you can be deported if you have a deportation order and attend a court ceremony to get your driver's license. Immigration authorities may use such events to locate and apprehend individuals with outstanding deportation orders. Your presence at the court might alert law enforcement to your... View More

1 Answer | Asked in Criminal Law, Immigration Law, Juvenile Law and Small Claims for Virginia on
Q: Can you get deported for applying to a learner's permit in virginia.

Let's say that you are an illegal alien with a deportation order and you are a minor trying to apply for a learner's permit but you need to get a court order showing that you are an emancipated minor is acceptable to drive as a minor but you have a deportation order can you get deported... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2024

If you are an undocumented minor with a deportation order and you're seeking a learner's permit in Virginia, your primary concern should be your existing deportation status. Applying for a learner's permit typically requires identification and proof of residency, which might draw... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: I want to do court marriage in January with my husband in India can my husband apply for student visa after that can he

Will my court marriage effect his student visa?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023

A court marriage in India should not directly impact your husband's ability to apply for a student visa. However, immigration requirements can vary, so it's crucial to consult with an immigration attorney or the appropriate authorities to ensure all visa application requirements are met.... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Complicated K1 Visa- Adjustment of Status

We applied for a K1 visa in 2021. After more than a year of waiting, we married, formally withdrew the I-129F application, and filed an I-130 application. Four (4) months after canceling the I-129F application (and 2 months after we filed our I-130), USCIS mailed us an I-129F approval letter. We... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2023

You do not need to re-marry for the adjustment of status process. The same marriage license that you filed with your I-130 application can be used for your I-485 adjustment of status application. Ensure that all documentation submitted is consistent and accurate to avoid any issues with USCIS.

1 Answer | Asked in Criminal Law and Immigration Law for Virginia on
Q: Hi, Will my 2 misdemeanors present a problem with me vacationing / immigrating to Mexico?

Hi,

I am an American Citizen that plead guilty to 2 misdemeanor charges in August of 2014:

DWI, 1ST , Misdemeanor

DRUGS: POSSESS SCH I OR II, Misdemeanor

I completed a 6 week rehab program and since then have not even received a parking ticket. I have no other... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2023

While I can offer legal perspectives based on U.S. law, I cannot guarantee how Mexican authorities will treat your entry given your misdemeanor convictions. Being transparent and following Mexico's entry requirements will be crucial. If you encounter issues, it would be best to consult the... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Virginia on
Q: Hi, Will my 2 misdemeanors present a problem with me vacationing in Mexico?

Hi,

I am an American Citizen that plead guilty to 2 misdemeanor charges in August of 2014:

DWI, 1ST , Misdemeanor

DRUGS: POSSESS SCH I OR II, Misdemeanor

I completed a 6 week rehab program and since then have not even received a parking ticket. I have no other... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2023

Mexico generally allows U.S. tourists to enter without a criminal background check for short visits, but it is within the discretion of the border agents to allow or disallow entry. To minimize issues, make sure you have all required documentation in order, including a valid U.S. passport. If you... View More

2 Answers | Asked in Immigration Law for Virginia on
Q: Can I file my Australian girlfriend for adjustment of status in the U.S if I marry her?

Hello, My Australian girlfriend is traveling on an ESTA to the U.S From October to January and I was wondering if it is possible to be able to marry her within this time and file for an Adjustment of status before she has to go home? I have many concerns as to if it is possible. I want to propose... View More

Artur Tunyan
Artur Tunyan
answered on Jul 11, 2023

Your plan "for an Adjustment of status before she has to go home" has a significant weakness, assuming you are a US citizen and all goes well with your marriage. After your marriage, you may apply for an adjustment of status. The adjudication may take several months. However, your new... View More

View More Answers

2 Answers | Asked in Immigration Law for Virginia on
Q: Can I keep my girlfriend here in the U.S from Australia?

Hello, My Australian girlfriend is traveling on an ESTA to the U.S From October to January and I was wondering if it is possible to be able to marry her within this time and file for an Adjustment of status before she has to go home? I have many concerns as to if it is possible. I want to propose... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 11, 2023

A US citizen can sponsor a foreign national, who enters the United States on ESTA, and sponsor her for a green card. You may run into issues if you are deployed, primarily because you would still need to attend the marital interview. You should retain counsel here in the United States to process... View More

View More Answers

1 Answer | Asked in Immigration Law for Virginia on
Q: Hello I am a green card holder for over 20 years and like to get a passport but have been denied in the past.

Hello I am a green card holder for over 20 years and like to get a passport but have been denied in the past. Wondering if there is a time period after which I am guaranteed passport regardless if I have been denied in the past.

Kevin L Dixler
Kevin L Dixler
answered on Jun 2, 2023

More information is needed. You are required to file for citizenship by naturalization with USCIS and be approved before you can file for a U.S. passport.

If you falsely claimed to be a US citizen by first filing for a US passport, then you may have created more serious trouble. I strongly...
View More

2 Answers | Asked in Immigration Law for Virginia on
Q: I Paid a 10,000 dollar immigration bond about 6 years ago and never received my money back, what can I do?
Monica E Rottermann
Monica E Rottermann
answered on May 30, 2023

Do you know if the removal proceedings are still pending? You would not be entitled to your money back until the case was completed and the respondent did not breach the bond terms. Typically, once the case is over, ICE mails the bond obligor a form, informing the obligor that they are entitled to... View More

View More Answers

3 Answers | Asked in Bankruptcy and Immigration Law for Virginia on
Q: How will prior year taxes in repayment affect my spouse's naturalization interview outcome?

I am a U.S. citizen currently in a Ch 13 bankruptcy. My spouse is not included as a debtor. I am the primary listed on the joint returns. We have no unfiled returns. My spouse has a naturalization interview coming up, and we want to know how these taxes in repayment will affect the outcome of the... View More

Bernard S. Via III
Bernard S. Via III
answered on Apr 12, 2023

11USC525 a says "a governmental unit may not deny, revoke, suspend, or refuse to renew a license, permit, charter, franchise, or other similar grant to, condition such a grant to, discriminate with respect to such a grant against, deny employment to, terminate the employment of, or... View More

View More Answers

2 Answers | Asked in Immigration Law for Virginia on
Q: I got a VISA denial for my children who are derative applicants covered by CSPA according to NVC then what should I do?

We have an email from NVC confirming the eligibility of the children and also if we calculate the age accordingly then the age after the priority date till the date the application becomes current is below 21. Should we move a motion for appeal or request the embassy we had got the interview done... View More

Monica E Rottermann
Monica E Rottermann
answered on Apr 3, 2023

You would have to submit an inquiry to Legalnet, challenging the officer’s determination that your children are not CSPA protected. There are very precise requirements that must be met when emailing Legalnet and you can read more about those here: https://fam.state.gov/fam/09FAM/09FAM010304.html... View More

View More Answers

1 Answer | Asked in Family Law, Immigration Law, Personal Injury and Child Support for Virginia on
Q: Help:Request for my wife separation results immigration status and separation my son i want to stay with my son in USA

Hello

Because of my wife disloyal and separation which impacted my personal health, mental loss, financial loss, separation from son, insult,harassment,visa loss, financial loss to 25 lakh, medical expenses spent close 3 lakhs, bad name in my previous company, begged for money , begged for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2023

I'm sorry to hear about your situation. It is important that you seek legal advice from a qualified immigration attorney who can provide you with guidance on your options. They will be able to evaluate your case and provide you with advice on how to proceed. You may also want to consider... View More

1 Answer | Asked in Criminal Law and Immigration Law for Virginia on
Q: Can I lose my green card if I got it through my mother and she commits a crime (not immigration fraud)

My father and I got our green cards through my mother legally. If my mother commits a crime such as a larceny and gets deported, will my father and I lose our green cards as well since we got them through her? I'm not asking about an immigration crime , we got our green cards without any... View More

Kevin L Dixler
Kevin L Dixler
answered on Dec 18, 2022

No, ‘unless’ either of you are accused of being a part of the criminal scheme. If so, you can be charged, indicted, arrested, and possibly convicted. That may get you deported!

If your mother is involved in a crime, you ‘do not’ have an affirmative responsibility to report her to...
View More

1 Answer | Asked in Immigration Law for Virginia on
Q: I recently applied for N-400 naturalization I might need to be added as a joint sponsor for PR, does that affect N-400 ?

I am permanent resident who just applied for N-400, and my mom wants to add me as a joint sponsor to get my father papers, does that affect my N-400 application I have not added any dependents in the application or that I am sponsoring anyone, is that going to affect my naturalization process in... View More

Monica E Rottermann
Monica E Rottermann
answered on Nov 29, 2022

As long as you provide truthful and accurate information on the affidavit of support, being a joint sponsor for your father should not impact your naturalization application. You can read more about the requirements and responsibilities of being a joint sponsor here:... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Canadian hub rcvd 3 yr ban for xing border to shop- he had overstayed visa during Covid closure. Waiver poss?

Im his US wife. He is Canadian citizen. We are currently in our respective countries for wk. He overstayed here last year by 216, but border was closed most of that time. Hes been back in Canada doing contracted work since last Oct.Last night he crossed from BC to Seattle to shop and got detained... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 6, 2022

If a foreign national overstays his permission to stay by six months to a year, and exits the United States he is banned from returning for a period of three years. If he overstayed his permission to stay by a year or more, and exits the United States, he is banned from returning for a period of 10... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Can I travel outside USA within 90 days before applying for naturalization N-400?

I have been hearing that I cannot travel outside Usa within 90 days before applying to naturalization N-400 form. I don’t see anywhere in the requirements that I am unable to travel within 90 days before applying for naturalization. Could you please advise me if I could apply for naturalization... View More

Agnes Jury
Agnes Jury
answered on Nov 5, 2022

It is not just 90 days before applying for citizenship that is of importance. There is a "continous presence" and " physical presence" requirement for naturalization elligibility. Learn more about those here: https://www.uscis.gov/policy-manual/volume-12

If you are not...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.