Washington Immigration Law Questions & Answers

Q: how many years do i have to maintain a minimum income as a sponsor for green card application?

2 Answers | Asked in Immigration Law for Washington on
Answered on Jan 8, 2019
Kelli Y Allen's answer
Generally you must provide your income level for the past 3 years, current income, and your most recent tax return and W-2. If the amounts are pretty consistently at the required level of income, you probably will not have to provide anything else. If you previous income was below the required limit but your current income meets the requisite level, you may be asked to provide more information documenting your current level (employment letter, pay stubs, etc.)

Regardless of income,...

Q: If I believe I was unlawfully detained by ICE (I'm a naturalized US citizen), can I sue them or are they immune?

1 Answer | Asked in Immigration Law for Washington on
Answered on Jan 5, 2019
Allen C. Ladd's answer
You will need a lawyer, if you can sue. Start out by asking a lawyer, in Washington State, in a consultation, even if you have to pay for it. I wish you well with this one.

Q: If I hire my own attorney, would I still be req'd to work for my employer-sponsor (for employment-based GC application)?

1 Answer | Asked in Immigration Law for Washington on
Answered on Jan 5, 2019
Allen C. Ladd's answer
Big repercussions. You cannot "port" a PR case until you have filed I-485 and it's been pending 180 days.

As far as your "responsibilities," they are bringing you to permanent residence, so either you are with them or you aren't. Having your own attorney will allow you to explore other options, whatever they may be, but it doesn't automatically find you a new way to the finish line of your pending PR case. Good luck!

Q: I got IR5 for my mother ,I am her sponsor, her old is 62 can she apply for SSI?

1 Answer | Asked in Immigration Law for Washington on
Answered on Jan 5, 2019
Allen C. Ladd's answer
I don't know. I think she must be a permanent resident for 5 years, but not sure. You need to ask a Social Security lawyer.

Note to Justia: Wrong field, should be Social Security. Thanks.

Q: My wife is waiting for her adjustment of status and she has an advance parole document. Is she able to travel to canada

2 Answers | Asked in Immigration Law for Washington on
Answered on Nov 23, 2018
Lana V. Elliott's answer
Yes, she is able to travel abroad as long as she not only filed her I-131 (Document for advance parole), but also received it. If she just filed and is waiting for it while her AOS is pending, if she travels, her adjustment of status application is considered to be abandoned, and unfortunately, she will need to re-file it (and other negative immigration consequences might apply).

Q: Ive got a question on child US immigration (citizenship) that has been bothering me for a long time

1 Answer | Asked in Immigration Law for Washington on
Answered on Nov 11, 2018
Lana V. Elliott's answer
I am not aware of the process that would allow a minor to renounce their citizenship. Parents are not allowed to make this decision on behalf of their children. A child must be at least 16 years of age to present himself at the US consulate abroad and request renunciation of h their citizenship. Even then a consulate officer might still find that a child lacks maturity and recommend them to wait util the age of 18.

Q: I am international student who is issued social security card Can I apply for green card ?

1 Answer | Asked in Immigration Law and Social Security for Washington on
Answered on Nov 8, 2018
Lana V. Elliott's answer
Unfortunately,being an international student and having a social security card are not sufficient, on their own, grounds to apply for Green Card. There should be family, business, investment, or other relationship that would be a basis for a legal permanent residence (Green Card). I would recommend you to consult with an immigration attorney in your area to discuss your options and potential venues for obtaining Green Card.

Q: I just learned that I inadvertently committed a federal financial crime. Should I write a letter of explanation to IRS?

1 Answer | Asked in Banking, Federal Crimes, Immigration Law and International Law for Washington on
Answered on Nov 8, 2018
Hector E. Quiroga's answer
You need to speak with an attorney familiar with federal law around international financial transactions.

Q: What should I do in this complicated case?

1 Answer | Asked in Immigration Law for Washington on
Answered on Oct 31, 2018
Lana V. Elliott's answer
Unfortunately, it is true that since you became a US citizen, a separate I-130 is needed to be filed for your daughter. You should:

1. Contact the National Visa Center and request to re-schedule your wife's interview.

2. File I-130 for your daughter ASAP.

3. After CIS accepts your daughter's I-130, call 800 number, CIS customer service, and request an expedited process of your daughter's I-130. However, I have doubts CIS will process is expeditiously because your...

Q: Can I apply for my daughter under 18 years old a US passport from US embassy if she was born before I got US citizenship

1 Answer | Asked in Immigration Law for Washington on
Answered on Oct 30, 2018
Hector E. Quiroga's answer
1. Do I have to upgrade their petition? and if I upgraded, will I have to apply a separate I-130 for our daughter Sarah?

You need to inform the Department of State that you are a citizen now. You have to file a separate petition for your daughter now that you are a citizen.

2. Is there any way our daughter can travel with my wife?

You can apply for a tourist visa for your daughter, and she can travel with you wife on that, if approved.

3. Does (N600K) applies...

Q: What happens if a foreigner intentionally overstays their tourist visa in the US?

1 Answer | Asked in Immigration Law for Washington on
Answered on Oct 25, 2018
Lana V. Elliott's answer
If a foreign national overstays his/her tourist visa in the US, then their visa is cancelled and upon their return to the home country they have to reapply for a tourist visa (and it will be more difficult for them to obtain it). Also, after overstaying, while in the US, they will not be able to change their status or adjust it (with an exception in limited circumstances). Besides, they will start accruing unlawful presence, which, depending on the time they overstay, triggers either a three or...

Q: My wife recieved an I-797C form extending her 2 yr green card 18 months. If we travel abroad will she be allowed reent

1 Answer | Asked in Immigration Law for Washington on
Answered on Oct 11, 2018
Noah Klug's answer
Yes, she will be readmitted with the expired green card along with the I-797 receipt notice. No other document is required.

Q: Applied for Citizenship, my wife got the interview call, no movement on my case -2 mo? Reason and whats next?

1 Answer | Asked in Immigration Law for Washington on
Answered on Sep 28, 2018
Hector E. Quiroga's answer
It is hard to say. 2 months is an extremely short time for a citizenship application to be pending, so you are still within normal processing time. The only thing you can do is wait until they issue your interview notice

Q: Overstayed ESTA,now I filed I-485 through Marriage. Have EAD,what's my status?For work I need to visit CBP, am I legal?

1 Answer | Asked in Immigration Law for Washington on
Answered on Sep 24, 2018
Hector E. Quiroga's answer
No, that shouldn’t be an issue. They might give you a hard time, but if you are otherwise eligible for the seal, the fact that you overstayed won’t cause you any problems.

Q: I just got married and my wife has been living here since 16. She entered with visitors visa. Any advice?

2 Answers | Asked in Immigration Law for Washington on
Answered on Aug 8, 2018
Ashley Negrette's answer
If you are a U.S. citizen you should contact an attorney for help. It is important that the attorney review your wife's immigration and criminal history before any documents are filed. The attorney should also explain the current risks of filing for someone who is undocumented.

Q: Should i pay NVC to continue to interview or change a lawyer?

1 Answer | Asked in Immigration Law for Washington on
Answered on Jul 9, 2018
Hector E. Quiroga's answer
You will most likely need the waiver. If you want to immigrate to the United States, your next step is paying the visa fees to the National Visa Center. You will complete the visa application, and you will need to have a medical exam, too. Once you have gone to the interview, the officer will determine if you need the waiver. If you do, you will want to make sure you have an attorney who is very good with waivers.

There are no guarantees that you will get a waiver; however, having an...

Q: Can I change the company while my H1B case is still pending to be approved. It is better after or before it is stamped?

1 Answer | Asked in Immigration Law for Washington on
Answered on Jun 21, 2018
Carl Shusterman's answer
If the H-1B filed on your behalf is approved, you can start working for the sponsoring company on October 1, 2018. If you want to change employers, the new employer must file an H-1B transfer petition for you after that date.

Q: How do I count days of home residency for J1 visa?

1 Answer | Asked in Immigration Law for Washington on
Answered on Jun 4, 2018
Carl Shusterman's answer
One day partly spent in the US is counted as being spent fully in the US. Even if you were in the US for just 1 minute. Other than that a day partly spent in your home country is fully spent in your home country.

Q: If my ex only reported his children he has with his ex girlfriend and not mine for his u visa is that fraud

1 Answer | Asked in Immigration Law for Washington on
Answered on May 30, 2018
Carl Shusterman's answer
Not necessarily. To commit fraud, he must have made a material misrepresentation. Whether he has children or not may not be relevant to his eligibility for a U visa.

Q: My friend will marry her American fiance. Her interview is coming. They never had a proposal. What should they say?

2 Answers | Asked in Immigration Law for Washington on
Answered on May 16, 2018
Carl Shusterman's answer
Whatever you do, tell the truth. Committing fraud would be a barrier to getting a visa and/or a green card.

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