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: Received notice of extra payment for work permit renewal, need guidance.

I received a notice about an extra remitted payment concerning my work permit renewal, which is based on my Form I-485 application. I'm not sure why I received this notice, and I need guidance on what steps to take next.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2025

Receiving a notice about an extra remitted payment for your work permit renewal linked to your Form I-485 application can be confusing. This notice typically indicates that USCIS requires additional funds to process your application, possibly due to a fee increase that occurred after your initial... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Can an undocumented individual get a driver's license in Virginia?

I am undocumented and living in Fredericksburg, Virginia. I'm concerned about whether I can obtain a driver's license, as I need it to commute to school. What are my options or the process involved in obtaining a driver's license given my circumstances?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2025

Yes, you can obtain a driver's license in Virginia regardless of your immigration status, thanks to the Driver Privilege Card (DPC) program that began on January 1, 2021. This program allows undocumented residents to legally drive in Virginia after meeting specific requirements.

To...
View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Does having a current asylum application protect me from expedited deportation?

I'm a Nicaraguan parolee who has been in the US for less than 2 years, I arrived on July 18, 2023, and I'm worried about how the new executive orders could affect me.

The memorandum for USCIS for January 23, 2025 (attached) says:

"Parole shall not be regarded as an... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2025

If your asylum application was received after the one-year filing deadline, it could complicate your case, but it doesn’t automatically mean you’re ineligible for protection. U.S. immigration laws allow exceptions to the one-year rule for “extraordinary circumstances” or if you can show... View More

1 Answer | Asked in Employment Law and Immigration Law for Virginia on
Q: I directed a music video here in California, USA. Female lead threatening to stop release. She’s not authorized to work

The producer is from India and it’s a freelancing work. Female lead demanded money which I zelle to her. She demanded photoshoot and video shoots. I did flight tickets and rehearsed for the song. I got to know she’s not authorized to work later after couple of shoots and got some footage. There... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2025

If there were no contracts signed, it may be challenging to recover the money directly, but it’s not impossible. Since you paid her for services and later found out she wasn’t authorized to work, you might argue that her misrepresentation led you to incur unnecessary expenses. Keep all... View More

1 Answer | Asked in Family Law, Immigration Law and Child Custody for Virginia on
Q: Pregnant filipina wife threatening to take our unborn child back to.the phillipines before her green card is processed

We are legally married.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2025

This sounds like an incredibly stressful situation, and I understand your concern about potentially being separated from your child. Immigration and custody matters deeply affect families, and it's natural to feel worried.

Your rights as the father are protected under U.S. law since...
View More

1 Answer | Asked in Immigration Law for Virginia on
Q: How will you avoid a guy who came to America used K-1 visa from deportation? His fiancé refused to marry him .

How long will take time to get his work permit / green card?

I need to know, how much is your total fee?

Are you charging by each appointment?

Or total charge ?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2025

You can pursue alternate visa options or adjustment of status if your original sponsor withdraws support. You could consider requesting a discretionary extension or a change of status to a different visa category, if eligible.

You might file an application for adjustment of status based on...
View More

1 Answer | Asked in Immigration Law for Virginia on
Q: As a k1 visa U.S. sponsor will my mental health record be reviewed?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2025

When you apply as a K1 visa sponsor, your primary focus will be on proving your ability to support your fiancé(e) financially. The immigration authorities mainly review your financial records, employment history, and overall ability to meet the income requirements. Your mental health history is... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Can I get married to an American citizen in the USA with an ESTA visa if we don't want to live in the US?

We are getting married in America, but we are going to be living in Germany starting a week later (I am a German Citizen) . I have an ESTA visa. Would I need a different visa to get married? I was also wondering if it would be possible to ever live in the US if we got married without the K1 visa.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2025

You can marry in the USA while on an ESTA visa without needing a different visa, as the ESTA allows you to enter the country for tourism or short visits, which includes attending a wedding. However, it's important to ensure that your primary purpose is not to immigrate, as using ESTA for that... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Hello, my Name is Marvin and I was adopted my my aunt ( my mom’s sister ) I was 17 soon to be 18 by then.

It was considered only for my own benefit but I want to reunite my very ill grandmother with my Biological Mother. Could i sponsor my mom? And why she keeps being denied a visa to come here for a few days? It’s the second time she tried.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024

I understand this is an emotionally complex situation, especially with your grandmother being ill and your desire to reunite her with your biological mother. This must be difficult for everyone involved.

Immigration and visa situations can be complicated, and there are many reasons why visa...
View More

1 Answer | Asked in Immigration Law for Virginia on
Q: A Cuban entering USA with an I94 parole, canthat person file their own i130 and i485 without a family support affidavit

Similarly if Cuban husband is us citizen can he file i130 and I485 for wife without doing a family support affidavit?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2024

When you enter the USA on an I-94 parole, filing an I-130 and I-485 typically requires a family support affidavit. This affidavit, known as Form I-864, demonstrates that you have adequate financial support and are not likely to rely on public benefits. Without this affidavit, your application might... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law for Virginia on
Q: Can an equal opportunity employer include restrictions on immigration sponsorship in job postings?

Hello, I came across a job posting with the following statement: "To be eligible for this program, you must be authorized to work in the U.S. We do not offer any type of employment-based immigration sponsorship for this program. Likewise, JPMorgan Chase & Co. will not provide any... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 27, 2024

I understand your concern about the job posting you came across. An equal opportunity employer is obligated to comply with laws that prohibit discrimination based on protected characteristics like race, color, religion, sex, national origin, age, disability, or genetic information.

However,...
View More

2 Answers | Asked in Immigration Law for Virginia on
Q: E-2 visa

I have a small IT services company which provide web development services along with amazon FBA ecommerce, I want my sister to come USA on E-2 business visa however it require to invest in an existing company or business, Will she invest in my company and be my partner? and does this type of... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 24, 2024

Among other things, your sister must be a national of a treaty country and should end up being the majority owner or an essential employee to qualify for E2. I suggest you work with an immigration attorney.

View More Answers

1 Answer | Asked in Bankruptcy, Consumer Law, Criminal Law and Immigration Law for Virginia on
Q: Credit card debt. Is the case active as per the case details below?

Credit card maxed out by doing balance transfer amount is 4000$.

left USA as wife lost the job.

I was using the same credit card for 3 years in the past.

Warrant in debt filed after 3 years I left the country.

Hearing happened the same year but I was not in the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2024

Based on the information you provided, it appears that your case is no longer active. The judgment stating "case dismissed" and "judgment vacated" typically means that the court has closed the case in your favor. Since it's been over ten years and the case has been... View More

1 Answer | Asked in Employment Law and Immigration Law for Virginia on
Q: Is it safe to travel abroad with a pending I-130 and I-485 on a valid H-1B and without AP?

Hi, I wanted to ask if it's safe to travel abroad with a pending I-130 and I-485 on a valid H-1B status and without filing the advanced parole.

I also have an approved I140 from my employer with a priority date of March 2015 and waiting for it to become current to file I-485. My H1B... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2024

Traveling abroad on your valid H-1B with a pending I-130 and I-485 can be possible, but there are a few important things to consider. Since you have a valid H-1B visa stamp until February 2026, you can re-enter the U.S. using your H-1B without needing an approved advance parole (I-131). This means... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: I got an RFE with several mistakes, they used things that weren't present or stated in my documents, what do I do?

they used things that looked that they were from other peoples Petition and had nothing to do with things in my documents. how do I address these discrepancies. when submitting my response?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 30, 2024

When you receive an RFE (Request for Evidence) with mistakes or references to items not in your petition, it's important to respond clearly and thoroughly. Start by reviewing the RFE carefully, noting each error or discrepancy. You’ll want to address these specific mistakes in your response,... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: U.S citizen, filed petition for sister 5 years ago , in pending status. she traveled to U.S with B1/B2 - how legal stay

I am a U.S citizen who filed petition for green card for my sister 5 years ago, now petition is in pending status. In the meantime now she came with her husband to travel to U.S. Is there a way she can stay legally. It is very important that she stay legally since her husband want to work... 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 29, 2024

Your sister’s current status in the U.S. is as a visitor on a B1/B2 visa, which allows her to stay temporarily for up to 6 months. Since you’ve already filed a family petition for her, it does not grant her immediate legal permanent residency or allow her to work in the U.S. during this visit.... View More

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

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.