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Virginia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Virginia on
Q: I got a std while studying in the US. It affects me enormously physically and psychologically. Can I apply for asylum ?
Peter N. Munsing
Peter N. Munsing answered on Nov 3, 2018

Sorry, but asylum is for those under thread of death or serious violence from a foreign government and similar issues. Having a disease isn't grounds for asylum.

1 Answer | Asked in Immigration Law for Virginia on
Q: Calling USCIS while waiting for a green card.

Hello, I've called USCIS multiple times in the past about questions (mainly about the tracking number) I had while waiting for my green card to be mailed. Will this negatively affect the green card delivery?

Daniel P Leavitt
Daniel P Leavitt answered on Oct 19, 2018

It is hard to imagine why calling someone to inquire about tracking would negatively impact delivery. Good luck!

1 Answer | Asked in DUI / DWI, Immigration Law and Traffic Tickets for Virginia on
Q: Got tickets for driving backwards on HWY, no seatbelt, and suspended license

currently on probation for 5 yrs for dwi and suspended license, Would I have to go to jail?

Daniel P Leavitt
Daniel P Leavitt answered on Oct 15, 2018

Not enough details but the short answer here is that jail time is possible. If you have a suspended jail sentence for your prior charges then you could potentially face jail time for violating the terms of your suspended sentence. In addition, I am assuming they charged you with reckless driving... Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: I received the approval notice for my green card but not the green card itself. Can I travel abroad?

2 months ago, I received an approval notice for my green card saying that it was approved. But I still have not yet gotten the actual green card. I have a emergency that requires me to travel abroad, will I be able to leave the country and come back with just the approval notice?

Hector E. Quiroga
Hector E. Quiroga answered on Sep 4, 2018

Did you file the I-131? If so, you should be covered. Traveling abroad without the green card in your possession could create problems for you when you return.

2 Answers | Asked in Immigration Law for Virginia on
Q: Do I need my vital records or just the marriage certificate for an adjustment of status?

My fiance and I got married in Virginia last week. I was here on a K-1 (fiance) visa. After the ceremony, we requested copies of the signed marriage license at the courthouse and they gave them to us right away. I was ready to submit my package for AOS when a friend told us that we need to include... Read more »

Kevin L Dixler
Kevin L Dixler answered on Aug 29, 2018

As you may know, you will need much more documentation than a properly certified and sealed marriage certificate. The issue is when and how to proceed. If done correctly, there will eventually be a hearing/interview.

The paperwork is complicated with some applicants improperly filing...
Read more »

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1 Answer | Asked in Immigration Law for Virginia on
Q: Waiting time for a work permit after marriage with a naturalized citizen. Should I expect any problems with green card?

I'm currently in the US on a tourist visa and I have already filed for the extension (six months of my stay has just passed). My fiancee is a green card holder and soon to be a citizen. I would like to ask whether I can experience any problems with my future green card process since she's not an US... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 20, 2018

There is not difference between a native-born citizen and a naturalized one when it comes to immigrating through a citizen family member.

Typically it takes between 4 and 5 months after the green card application has been filed before an applicant receives a green card.

Once your...
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1 Answer | Asked in Immigration Law for Virginia on
Q: If i get married will that affect my father’s application to get a visa or citizenship?

Me and mi fiancé are both in the military

Hector E. Quiroga
Hector E. Quiroga answered on Jul 18, 2018

It will not impact your father’s ability to get a visa through you at all. The fact that you are in the military could help him, too, depending on his circumstances. You might want to consult with an immigration attorney about parole in place.

1 Answer | Asked in Immigration Law for Virginia on
Q: I just got married what form i should fill out I485 or I130 ?

i 've been married in USA since 2011, after divorce my marriage was not bonafide and i had to go through court,where actually judge administratively closed case and there is was no appeal from Homeland. So now i just got married in July 3rd , and i dont know which one forms i have to file out right... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jul 11, 2018

While we understand your concerns about cost, your case is a bit complicated, given the earlier finding of what amounts to marriage fraud. Even without that, the process of obtaining your permanent residence in the US is complicated, and it would be next to impossible to try to explain it in this... Read more »

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Virginia on
Q: i am a natural born citizen.would my felony conviction stop my spouses process?

would my felony conviction prevent her obtaining her residency or citizenship. I am a natural born citizen

Hector E. Quiroga
Hector E. Quiroga answered on Jul 9, 2018

It should not, depending on the crime for which you were convicted. Felonious assault or crimes of a sexual nature could be the exception. Check with an immigration attorney.

1 Answer | Asked in Immigration Law for Virginia on
Q: Is the April 2004 nsc flash memo still valid?

Is the April 2004 nsc flash memo still valid? Are there consequences for failing to notify uscis of a separation after filing joint 751?

Carl Shusterman
Carl Shusterman answered on Jun 28, 2018

I am not sure what you mean by the "April 2004 nsc flash memo". Please be more precise.

2 Answers | Asked in Immigration Law for Virginia on
Q: Can I apply for COS from F-2 to H-4 while F-2 is going to expire on Sep 30, 2018?

My husband's H-1B got approved recently. His firm didn't apply for my dependent visa along with his H-1B. So I would like to apply for COS to H-4 right now as I will be out of status on Oct 1, 2018. But my COS application from F-2 to F-1 is pending from 6 months. So, can I still apply for H-4 if my... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 25, 2018

Since your change of status to F-1 may be pending for many months, the fastest way to get H-4 status is to consular process. Otherwise, wait for the COS to be approved, then file COS H-4 if you wish.

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1 Answer | Asked in Immigration Law for Virginia on
Q: N-400 dui and traffic tickets. Please help?

Hello I am a PR who has been living in Virginia since 2015. I have never left the country. I received a DUI in 2012 since then i have 5 speeding tickets. 1 in 2015, 2 in 2016, 1 in 2017 and 1 in 2018 that is pending in the court. My DUI had no aggravating factors, it was a simple DUI but I refused... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 23, 2018

You are not ineligible to apply for naturalization. Speeding tickets do not prevent you from demonstrating good moral character.

1 Answer | Asked in Immigration Law for Virginia on
Q: I-130 approved after leaving USA on tourist visa. can I come back as visitor and apply I-485?

I am petitioner for parent's I-130. He came on visitor visa .It got approved after he left US. He is coming back in July on existing visitor visa. Can I then apply for his I-485? Do I need to do anything additional since he left US in between.

Carl Shusterman
Carl Shusterman answered on Jun 2, 2018

Visitors are required to have no intent to remain permanently in the US. The process would probably go much smoother if he applies do an immigrant visa abroad.

Carl Shusterman

www.shusterman.com

1 Answer | Asked in Immigration Law for Virginia on
Q: H1 approved and extension of stay denied?

I got my h1 in oct 2016 and later in aug 2017 I joined a new company they filed the transfer at that time.

I got RFE asking for all the pay stubs for the period oct 2016- Aug 2017, I submitted all of them except I don't have pay stubs for March and June months of 2017 as I took unpaid... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 1, 2018

Go back to your country with the Notice of Approval of your H-1B petition and apply for an H-1B visa.

1 Answer | Asked in Immigration Law for Virginia on
Q: I need help with filing my I=90 green card that expires in 6 months..is there somewhere I can go for help?

The form is pretty straight forward, but I have a question about the name change...my original green card I obtained through marriage to a US citizen. We later divorced and I submitted forms and had my name legally changed back to my maiden name...my current green card has my full maiden name... so... Read more »

Carl Shusterman
Carl Shusterman answered on May 31, 2018

You may want to schedule a consultation with an immigration attorney to help you complete your application.

1 Answer | Asked in Immigration Law for Virginia on
Q: Green card related question

My family won green card 2 years ago at that time we all got visas except my dad because he had previous conviction ( he never been in prison he just needed to pay fine) . At the embassy they said we have to apply for petition for my dad from America.We did that and my dad finally got visa. He came... Read more »

Carl Shusterman
Carl Shusterman answered on May 25, 2018

Difficult to understand your question. Best option is to meet with an experienced immigration lawyer.

1 Answer | Asked in Immigration Law for Virginia on
Q: Should I just file I751 form while I’m still waiting for my denial in using the. I 90 form?

I mistakenly file I90 form to remove the condition of my green card. I did not realize it until I went for my biometric

Carl Shusterman
Carl Shusterman answered on May 12, 2018

Yes, you must submit your I-751 petition before the 2-year conditional residence period expires.

2 Answers | Asked in Immigration Law for Virginia on
Q: I was charged with a class 4 misdemeanor " profane swearing and public intoxication. I am also a green card holder.

Should I worry about being deported. Should I get a lawyer for this situation. I live in Virginia.

Kevin L Dixler
Kevin L Dixler answered on May 7, 2018

Yes, you should be concerned about being deported and seek all relief that is possible as a matter of law! There are additional consequences that can result. I strongly recommend an appointment with a competent and experienced immigration attorney, before there are more complications. Good luck.... Read more »

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1 Answer | Asked in Adoption, Immigration Law and Civil Rights for Virginia on
Q: If my father is Puerto Rican citizen am I?

He had his rights terminated when I was 3 or 4, but does that change my legal status?

Carl Shusterman
Carl Shusterman answered on May 6, 2018

You need to discuss this with an attorney who is familiar with the law in Puerto Rico.

1 Answer | Asked in Immigration Law for Virginia on
Q: Is it legal to enter the US on a non-immigrant L1 visa after being married to a US citizen?

One marries a US citizen abroad. After the marriage, one enters the United States on a non-immigrant L1 visa and then subsequently their spouse files an immigrant petition and adjustment of status for them based on their marriage. The person entered the US with the intent that their spouse will... Read more »

Carl Shusterman
Carl Shusterman answered on May 4, 2018

That is perfectly acceptable since an "L-1" is a "dual intent" visa.

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