Lawyers, Answer Questions  & Get Points Log In
Washington Immigration Law Questions & Answers
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 period of 2 years.... 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 »

View More Answers

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 »

View More Answers

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: https://ccsww.org/get-help/specialized-services/... 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 »

View More Answers

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 qualifies for... 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

3 Answers | Asked in Immigration Law for Washington on
Q: Naturalization and public charge

I’ve been a lawful permanent resident since 2002. I’m planning to apply for naturalization in 2022. I’m concerned whether or not receiving MFTE housing assistance would affect my naturalization eligibility if the proposed immigration laws regarding public charge change under current... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on May 20, 2019

There is generally no public charge bar to naturalization. And, housing benefits are specifically listed as not being categorized as evidence of public charge on the USCIS website (uscis.gov). That said, it is always a good idea to avoid receiving anything that may appear to public assistance for... Read more »

View More Answers

1 Answer | Asked in Immigration Law for Washington on
Q: My greencard expires in 3 months, do I need to renew it before I can apply for naturalization?

I moved to the US in 2005 from England, married a US citizen and have lived here ever since as a permanent resident. My greencard expires in August and I would like to take the US citizenship test to become naturalized. However, as my greencard only has a few months left on it, am I required to... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 30, 2019

Since it is less than six months before your green card expires, you must file the I-90. You don’t have to wait for it to be approved, though. You can file a copy of the receipt notice with the N-400 and other supporting documents.

1 Answer | Asked in Immigration Law for Washington on
Q: Does leaving the US to visit Canada for 2 weeks count as sufficiently leaving the US when a M1 student visa is expiring?

I'm currently in the US on an M1 student visa which ends on July 1st and I have to leave the country before then. I'm wondering if leaving to temporarily visit Canada qualifies as leaving the US? Then also I have a US tourist visa that expires in 2022, I'm wondering if I can come back into the US... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 30, 2019

It is more a question of your reentry to the US. Would you be coming back to continue your studies under the M1, or would you be coming as a tourist? If your entry from Canada to the US is only as a temporary visitor for visitor or pleasure, you should be able to enter on that. You might want to... Read more »

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Washington on
Q: I have already applied for permanent residency through my spouse. Do I renew my DACA?

I hold a DACA status that expired last year. I'm assuming my work permit also expired. I didn't renew for 3 reasons: (1) My husband is an active military who applied for my residency a couple months before my DACA status expired. (2) I'm in grad school and was busy and without the financial means... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 2, 2019

There are two reasons why you might want to renew DACA:

1. So you can work; and

2. To avoid accruing unlawful presence.

If you don’t need to work, or if you applied for work authorization as part of your adjustment application, and if unlawful presence isn’t an issue...
Read more »

2 Answers | Asked in Immigration Law for Washington on
Q: I am US citizen, my son is a green card holder.my son has a 2 years old child who was born and resides abroad

can I ( as US grand parent) apply for my granddaughter for citizenship ?

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

No, you cannot petition for a grandchild. Your son can petition for his child.

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.