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Washington Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Washington on
Q: My sis has a Mexican passport and a visa to visit the U.S. Can she book a flight to visit? I’m in WA state.
Stephen Arnold Black
Stephen Arnold Black answered on Jul 24, 2020

Yes if the US consulate has issued her a visa. There may be quarantine requirements so check your states current quarantine policy that’s in effect. The airlines should have this information.

1 Answer | Asked in Immigration Law for Washington on
Q: I am a green card holder. Will green card ban affect my husband who plans to leave US?

I am a green card holder and my husband was physically in US with F1 OPT on April 22. If he leaves US now, will he be affected by Trump’s proclamation if I apply for marriage-based green card for him (which will go through consular process)?

Kyndra Mulder
Kyndra Mulder answered on Jul 10, 2020

There are a number of issues in your factual scenario that you should discuss with an experienced immigration attorney BEFORE he leaves the country.

2 Answers | Asked in Tax Law and Immigration Law for Washington on
Q: If we go back and amend our 2019 tax return by adding my newly acquired SSN, would that qualify our family for a check?

I am a recent immigrant to the US from the UK. I have a wife and two children here who are both American.

I've just found out that my family wont get a stimulus check because we filed 2019 joint tax return last month using my ITIN number (I was a non-resident at the time but still... Read more »

Adan Vega
Adan Vega answered on Apr 21, 2020

You should consult with a CPA or a licensed tax accountant to assist you in amending your tax return. Hopefully, the amendment can put you in position for a stimulus check.

Good luck to you.

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1 Answer | Asked in Immigration Law for Washington on
Q: HELP!!I accidentally e-signed the beneficiary's name instead of the petitioner's on Form I-130 while filing online?

my sister is sponsoring my mom and I through two I-130. After she prepared the forms online , they were passed to me for payment. I noted that the e-signature page were not signed, and I accidentally put my mom and my name on it and proceeded to pay. However, the application only states that my... Read more »

Adan Vega
Adan Vega answered on Apr 17, 2020

You can wait for the USCIS receipts to be issued and then forward an amended version with the correct signatures of the FORM I-130 that was electronically filed.

Good luck to you.

1 Answer | Asked in Immigration Law for Washington on
Q: Am I eligible for a green card?

Hello,

My name is Mohammed and I have a few questions regarding my eligibility for a green card. I just finished the university and got my degree. I have an F1 student visa and a OPT permit as well. What are my options that I have for a green card? I would really want one for more job... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 3, 2020

For a green card, there are some options:

1) you could get married to a US citizen

2) an EB visa. There are EB1 (A, B, C), EB2, EB2 with a National Interest Waiver, EB3. If you just graduated with a bachelor degree, then an EB3 would fit. For a Master's degree, an EB2...
Read more »

1 Answer | Asked in Immigration Law for Washington on
Q: What are the legal consequences of marrying a F1 visa holder that is breaking their visa terms by working?

I am a US citizen and I'm close to marrying a non-citizen. They are on a F1 visa but are working. I've read online that if caught, the consequences are deportation. What happens if I marry them? I've read that a marriage to a recent visa holder will trigger an audit and a trial... Read more »

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 21, 2020

You would be best served by consulting an experienced immigration attorney for a concrete answer. But in general, work is forgiven when the adjustment of status is based on marriage to a USC.

1 Answer | Asked in Immigration Law for Washington on
Q: My fiance is Syrian,but is in Denmark on travel documents Can I bring to USA on fiance visa?
Amanda B Cook
Amanda B Cook answered on Feb 17, 2020

You need an attorney.

1 Answer | Asked in Immigration Law for Washington on
Q: Can a person with only travel documents from Europe get fiancee visa to USA
Adan Vega
Adan Vega answered on Feb 13, 2020

If you are a citizen from certain European countries you may be able to register for the Visa Waiver Program through the ESTA process. If approved you can visit the U.S. without a visa.

1 Answer | Asked in Immigration Law for Washington on
Q: I-94 expired but I-797 is valid. What to do?

Hello,

I just noticed that my I-94 has expired but I still have my I-797 valid. What should I do?

I received a valid I-797 approval (with new I-94) on 11/20/2017 with validity up to 11/29/2020. However, my visa stamping in the passport expiry date is 10/6/2019.

We traveled... Read more »

Adan Vega
Adan Vega answered on Feb 10, 2020

You mentioned that you traveled abroad in March 2020 and you returned to the U.S. that same month. That is not possible in that we are merely in February 2020.

Also, the last FORM I-94 issued by CBP after you last entry to the U.S. controls your current lawful status.

You may want...
Read more »

1 Answer | Asked in Immigration Law for Washington on
Q: I'm currently in the process of getting green card through marriage (waiting for interview),and employer wants me to get

H1B since previously I had TN visa. Is there any impact to apply for H1B while I'm waiting for interview?, why should I do this?

Adan Vega
Adan Vega answered on Feb 9, 2020

If you have remained in lawful status then your employer can file the petition for the H-1B which will allow you to continue such lawful status while you pursue the resident status based on your marriage.

If the adjustment of status fails and USCIS does not grant you resident status then...
Read more »

1 Answer | Asked in DUI / DWI and Immigration Law for Washington on
Q: I have two DUIs and one of them is pending. Can I apply for US citizenship?
Ms Grace I Gardiner
Ms Grace I Gardiner answered on Feb 6, 2020

I suggest you do not. Wait at least five years after the most recent DUI is settled. Speak with a criminal law attorney and see if it is possible to amend it to something else. It is possible that two dui can affect your status so arrange a consultation with an immigration attorney in your area

1 Answer | Asked in Immigration Law for Washington on
Q: Immigration Visa for Daughter Deported for Violating Student Visa

I am a US citizen (naturalized) but my daughter is not. She was in the US studying on a student visa. While on her student visa she went to Canada for a part time job and was denied entry back into the US for violating the condition of her visa. She was deported back to South America with a 5 year... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 2, 2020

You can file for her. She can file a form to overcome the deportation, too.

2 Answers | Asked in Immigration Law for Washington on
Q: Change in immigrant visa interview schedule or re-schedule for both the parents on same date and time?

I have filed green card petitions for both of my parents, so far I have received appointment details for my mother from National Visa Center. There is one month difference between approvals for my mother and father, we have yet to recieve approval for my father. I just wanted to check if I can have... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 4, 2019

Each embassy or consulate has its own procedures for changing an interview for an appointment. It should be listed on their web page. If it is not, then you can contact the embassy or consulate directly. You indicated that you have not yet received the approval for your father. If this is true,... Read more »

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2 Answers | Asked in Immigration Law for Washington on
Q: Im still married in the Philippines but i wanted to marry my Bf in cali (green card holder). How do we get things done?

Husbnd and I are separated already in PH but not legally. I only have tourist visa here in the US.

Amanda B Cook
Amanda B Cook answered on Oct 28, 2019

The short answer is that you will have to get your official annulment papers in the Philippines, and you will have to hire a Filipino lawyer in order to do this. It is difficult and expensive, but not impossible. You have to do this before filing for your K-1 Visa or Green Card in the US. In the... Read more »

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1 Answer | Asked in Immigration Law for Washington on
Q: My husband was flagged at the ciudad Juárez Mexican council during his interview for his visa

The interview officer denied because he believes that he is involved on some type of drug trafficking they gave him 60 days to come back to Juarez to make a deal with the officer or he just needed to wait for a letter with the reason of denial

Hector E. Quiroga
Hector E. Quiroga answered on Oct 16, 2019

He should follow any directions given him by the consulate. He likely had something delivered to the courier service for which he registered in Juarez.

1 Answer | Asked in Immigration Law, Child Support and Social Security for Washington on
Q: I’m ilegal in United state I’m have 18 years old my dad kick me out because he don’t want to have expenses with me

I’m come when I’m have 14 years old my mom is in my country she leave me alone because she married with other man and not one can’t take care of me I’m came here my dad change a lot he married with other woman she don’t like me he put me work when I’m have 15 because he don’t want to... Read more »

Amanda B Cook
Amanda B Cook answered on Oct 7, 2019

Honey I'm so sorry you're going through this. You should go to Catholic Social Services, if you can find one. If your dad has papers you may be able to get your green card through being a trafficking victim. You might be able to find help here:... Read more »

2 Answers | Asked in Immigration Law for Washington on
Q: I am working with a young man who is about to plead guilty to 2 felony charges. He was born here but his parents do not

have legal status. Could his plea create problems for his parents? No one at the court is going to report the matter to immigration.

Kevin L Dixler
Kevin L Dixler answered on Aug 20, 2019

More information is needed about the felony charges, which may disqualify him as a petitioner for them depending upon the situation.

I strongly recommend that he retain a competent and experienced immigration attorney for an appointment or teleconference before there are any other...
Read more »

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1 Answer | Asked in Immigration Law for Washington on
Q: H1B - Switching Employer on Receipt Notice - In case of Denial can I switch to different employer without leaving US?

I am working on h1b with employer A and Visa is stamped valid till 2020. I94 is valid till 2020.

I am planning to move to Employer B, Visa transfer is in progress in premium processing and I am planning to start working with employer B on receipt notice.

Q: If the visa transfer is... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 19, 2019

It depends if you’ve accrued any unlawful presence (out of status). If you are able to stay in status during all of this, you should be able to do that.

1 Answer | Asked in Immigration Law for Washington on
Q: I am here in the US on ESTA with my minor child. My parents are Green card holders. They have petitioned for our I-130.

My mother recently became mentally ill (danger to herself and to others) and I would like to know if my child and I could extend our stay to 6months, so that we can leave when she is more stabilized.

Lana Elliott
Lana Elliott answered on Aug 10, 2019

I am sorry to hear about your mother's health issue. To answer your question; a stay under the Visa Waiver Program (ESTA) cannot be extended, unless there is an emergency medical situation (but it must be on the part of the applicant. I do not believe your mother's medical situation... Read more »

1 Answer | Asked in Immigration Law for Washington on
Q: Can i travel outside of the US while i-485 is pending? I already applied for i-131 and completed the biometric

My son filed i-130 for me and concurrently filed i-485, i-131 and i-765. I completed the biometric. Can i travel before receiving reentry permit? My son can mail me the document before i fly back. the national center processing time shows 6-8 month for processing i-131 and i need to travel before... Read more »

Svetlana Kats
Svetlana Kats answered on Jul 26, 2019

i don't recommend you to travel without travel document as your I-485 may be deemed abundant : the immigration services can truck your departure record if you leave the US

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