Lawyers, Answer Questions  & Get Points Log In
Virginia Immigration Law Questions & Answers
2 Answers | Asked in Criminal Law and Immigration Law for Virginia on
Q: My wife, the applicant of form I-485 AOS just got issued a warrant for a hit and run. Our interview is next week...

What should she say during the interview regarding her charge? It’s her first ever offense of any kind and the whole situation was blown out of proportion.

Gary Kollin
Gary Kollin answered on Mar 31, 2019

Don5 be cheap now. This can destroy everything you have been working for. Hire an attorney

View More Answers

1 Answer | Asked in Immigration Law for Virginia on
Q: U.S. Citizen & I’ll be petitioning for my wife, do I need to fill out a separate form for each of her children 17&19yrs
Kelli Y Allen
Kelli Y Allen answered on Mar 29, 2019

Yes, separate petitions would be required. Check with an immigration attorney to verify eligibility, especially for the older child.

3 Answers | Asked in Immigration Law for Virginia on
Q: Can my mom who has a 10 years tourist visa enters the US multiple times within 5 months?

My mom was here on October 3rd 2018 and left January 7th 2019. She is planning to come on may and leave On July and then returns back in 2 weeks to stay another two months. Will she have any problem returning to the US after two weeks from her leaving?

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 7, 2019

If her trips are short, it should not be a problem to reenter. However, as a general rule, 6 months in one year is as much as is usually granted. That said, the immigration officer at the port of entry is the only one that can make that determination. You should consult an experienced immigration... Read more »

View More Answers

2 Answers | Asked in Immigration Law for Virginia on
Q: Should I contact USCIS and notify that I am no longer staying in the US?

I have filed form Form I-539 to extend my tourist visa. I have received my confirmation notice and my case has been pending. I went back to my country. The case is still pending. Should I contact USCIS and let them know that I am no longer staying in the US? I am planning on going back to US this... Read more »

Kelli Y Allen
Kelli Y Allen answered on Jan 24, 2019

Yes, you should notify USCIS that you have left the U.S. and wish to withdraw you application for extension.

View More Answers

1 Answer | Asked in Immigration Law for Virginia on
Q: I need help

I lived illegally in USA 7 years ago. Never got a problem. I came back to my country and now I got offer a work permit for Canada as a truck driver to go from Canada to USA and VS. Would the fact that I lived in USA in the past be a problem to enter with a work permit for working purposes only?

Kelli Y Allen
Kelli Y Allen answered on Jan 22, 2019

Yes, that is definitely a problem. You will not be able to enter the U.S. legally without a waiver for the unlawful presence. You should seek the assistance of an experienced immigration attorney.

1 Answer | Asked in Immigration Law for Virginia on
Q: we filed an n600 r under section 322 of the INA. USCIS is questioning my wifes physical presence requirement.

She is naturalized. they are saying the physical presence have to be met prior to the childs birth. That is not what it says in the instructions or definition of section 322, it stated proof she she has been in the US over 5 years. We filed to get her son citizenship, he lives in the philippines.... Read more »

Kelli Y Allen
Kelli Y Allen answered on Jan 19, 2019

There is a lot of confusion over this area of the law, and the statute has changed several times. There are different requirements depending on the child's date of birth. This issue needs to be address through a full consultation with an immigration attorney.

1 Answer | Asked in Immigration Law for Virginia on
Q: Does the U.S. Embassy in Cambodia look at credit reports?

Hi :) I'm a u.s. citizen.. I'm trying to get my wife a visa to be able to come live with me in the U.S.A. She lives in Cambodia .... My question is... Will the U.S. Embassy in Cambodia look at my credit report? Because I'm trying to file for bankruptcy .. I don't want to hurt her chance of... Read more »

Kelli Y Allen
Kelli Y Allen answered on Jan 16, 2019

No. You will have to file an affidavit of support, provide income information for the past 3 years, and submit your most recent W-2 and federal tax return, but they do not check credit.

1 Answer | Asked in Immigration Law for Virginia on
Q: I’m from El Salvador and I have tps. My mom is petitioning me. Can I apply for work authorization if tps is cancel!?

My mom is sponsoring me and it was approved so I’m just waiting on a visa. I’m afraid I’m gonna lose my driver’s license and my job.

Kelli Y Allen
Kelli Y Allen answered on Jan 15, 2019

If all you have is an approved I-130, no. That does not provide the basis for employment authorization.

1 Answer | Asked in Immigration Law for Virginia on
Q: My wife has had a green card for 2 years. She has submitted the paperwork for her 10-year green card. I work for the

US government and may be transferred to Europe. Will this affect her immigration?

Allen C. Ladd
Allen C. Ladd answered on Jan 5, 2019

Interesting. I've never come across this. Someone else may, and will answer directly.

But to answer: Yes, it will affect the processing. As a protective measure, I think you would want to file an I-131 and ask for a Re-Entry Permit, which will protect your wife for up to 2 years during...
Read more »

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 »

View More Answers

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...
Read more »

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.

View More Answers

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.