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Washington Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Washington on
Q: How long it will take to get non-usa partner legalize in the country ?

I am a US citizen and I met a Brazilian citizen who came to the country with a visa (B1/B2). I fell for him and I don’t want him to leave country instead I want to marry him.

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Dec 25, 2020

Yes you can marry him as long as it’s 90-120 days after entry otherwise uscis can allege immigration fraud. Before Covid-19 it could take four to six months for approval now it takes about six to nine months. He cannot leave the us during the process until he is issued a travel document. Feel... Read more »

1 Answer | Asked in Immigration Law for Washington on
Q: I am a US citizen and I met a Brazilian citizen who came to the country with a visa (B1/B2). I fell for him

And I want to marry him .Is it possible ? any implications . How long should we wait before marry him and apply for permanent residency .

Thanks

Stephen Arnold Black
Stephen Arnold Black answered on Dec 23, 2020

Yes if you are a US citizen, and you marry somebody that entered the United States with permission, which it appears to be the case, then you can sponsor him for his green card and he can adjust status here and does not have to return home to obtain that. Now there’s a 90 day rule, which... Read more »

2 Answers | Asked in Immigration Law for Washington on
Q: I am single parent of us citizen kid of 9 yrs. I am in US on B1/B2 visa. I am looking one step adjustment for myself.
Kevin L Dixler
Kevin L Dixler answered on Nov 24, 2020

I regret that your son cannot petition you as an immediate relative until he is 21 years old. Also, the decision whether to petition you is within his control. He may be disqualified when he reaches 21 years of age depending upon the situation.

You do not qualify to adjust status based...
Read more »

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1 Answer | Asked in Immigration Law for Washington on
Q: My GC expired in 2016. I am filing I-90 by mail. Do I mail the $85 biometrics fee along with the $455 filing fee?
Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Oct 10, 2020

Good morning. Yes. Typically all fees are mailed together with your original submission. Let me know if you need any help going forward. Good luck.

1 Answer | Asked in Immigration Law for Washington on
Q: Sponsor my minor son (canadian), I am us, citizen. What is the process

My son from my first wife is living with his mom in Canada, he is 10 years old . I want to sponsor him so he can get his GC and US Citizenship. His mom is ok to sponsor him so he has documented. My Son is Canadian and I am the US and Canadain Citizen.

Would he get any advantage to get... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 17, 2020

The following requirements must be met for your son to become an automatic USC through you.

A. General Requirements: Genetic, Legitimated, or Adopted Child Automatically Acquiring Citizenship after Birth [1]

A child born outside of the United States automatically becomes a U.S....
Read more »

1 Answer | Asked in Immigration Law, Appeals / Appellate Law, Civil Rights and International Law for Washington on
Q: What would I do if I believe this page is endangering my father's life

I believe this article to be neglegant endangerment. Who can I reach out to.

Tim Akpinar
Tim Akpinar answered on Sep 16, 2020

A Washington attorney could answer best, but your question remains open for three weeks. You could reach out to the publisher and ask them to take the page down while expressing your concerns. If that doesn't work, you could reach out to an attorney for a consult to explore options. You could... Read more »

2 Answers | Asked in Immigration Law for Washington on
Q: Can I get married with a US citizen while having a B-2 visa?
Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Aug 15, 2020

Hey. I am a marriage greencard attorney.Yes you can get married to a U. S citizen. B2 Visa is generally for toursim and not a dual purpose visa. However, many visitors find love while on vacation and get married. They are then able to become permanent residents if they prove that the marriage is... Read more »

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1 Answer | Asked in Immigration Law for Washington on
Q: Can I bring my fiancee to USA.He is Syrian with travel documents from Denmark. We would ike to marry here
Stephen Arnold Black
Stephen Arnold Black answered on Aug 12, 2020

Are you a US citizen? If so, you should explore the fiancé visa pathway. If the two of you have physically met within the last two years you can sponsor him for his k visa. Once the visa is issued he can travel here, get married and then adjust status to get his green card. Counsel anywhere in... Read more »

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.

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