Pennsylvania Immigration Legal Questions

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209 legal questions have been posted about immigration by real users in Pennsylvania. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include asylum, green cards, and consular law. All topics and other states can be accessed in the dropdowns below.
Pennsylvania Immigration Questions & Legal Answers - Page 4
Do you have any Pennsylvania Immigration questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 209 previously answered Pennsylvania Immigration questions.

Recent Legal Answers

My husband to be came on DV lottery, I came on a visit but we intend to marry advice

Answered 9 years and 9 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
You can marry while in the United States. After you marry, your husband could start the immigrant visa process. However, you will not be able to remain in the United States while the case is being processed. The filing of the petition on your behalf conveys no lawful nonimmigrant status to you. You will not be able to adjust your status to resident if you fail to maintain lawful nonimmigrant status until a visa is available for you. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More
You can marry while in the United States. After you marry, your husband could start the immigrant visa process. However, you will not be able to... Read More

My girlfriend who is pregnant with my baby has abused me. I have proof, I started a protection petition against her

Answered 9 years and 10 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
You should speak to an attorney. You may be eligible for a U visa. You can read more about U visas at http://myattorneyusa.com/u-nonimmigrant-status-u-visa.
You should speak to an attorney. You may be eligible for a U visa. You can read more about U visas... Read More
You are allowed to purchase stocks and otherwise invest your money so long as your activity does not constitute day trading. Day trading would be considered work. Working for anyone other than the sponsoring employer is a violation of your nonimmigrant status. You can read more about H-1B status at http://myattorneyusa.com/work-visas.... Read More
You are allowed to purchase stocks and otherwise invest your money so long as your activity does not constitute day trading. Day trading would... Read More

My cousin cannot enter to us at jfk last night. She has epassport and esta. Do you know someone who could help her to find out why?

Answered 9 years and 10 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
ETSA does not guarantee admission. An attorney may be able to explain what happened. Your cousin would need to produce copies of all correspondence received from CBP as well as any notation provided in her passport. Once an attorney reviews this information, he/she may be able to provide more insight into why your cousin was denied entry. ... Read More
ETSA does not guarantee admission. An attorney may be able to explain what happened. Your cousin would need to produce copies of all correspondence... Read More

Do I have to notice the immigration about my new born?

Answered 9 years and 10 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
You can either send written correspondence to USCIS with a copy of the birth certificate or wait until called for an interview to inform USCIS. If you decide to notify USCIS in advance, make sure to include the filing receipt and your alien number in your cover letter. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read More
You can either send written correspondence to USCIS with a copy of the birth certificate or wait until called for an interview to inform USCIS. If... Read More

Can my husband change his status while applying for a visa

Answered 9 years and 10 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
I could only speculate as to why your husband has retained his own attorney. There could be legitimate reasons. Have you asked him why? If so, what was his reply? Have you notified the attorney you and your husband hired together? You are free to withdraw the Form I-130 you filed on his behalf at any time if you have concerns about your marriage. It is best to do so in writing. You can submit the request in advance or at the interview. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read More
I could only speculate as to why your husband has retained his own attorney. There could be legitimate reasons. Have you asked him why? If so, what... Read More

hi am sending in my application for a greencard but i have a petty theft expunged record. does the immigration officer need to know that?

Answered 9 years and 10 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
You must disclose the offense on your any application filed with USCIS regardless of whether it was expunged or not. You will also need to provide a certificate of disposition for the arrest. Your failure to disclose the arrest can lead to serious consequences including a determination that you made a material misrepresentation. If you were convicted, you should have an attorney review the certificate of disposition to make sure you are not ineligible for a green card. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read More
You must disclose the offense on your any application filed with USCIS regardless of whether it was expunged or not. You will also need to provide a... Read More

naturalization pre-requisit

Answered 9 years and 10 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
You appear to be eligible for naturalization based upon the information provided. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.
You appear to be eligible for naturalization based upon the information provided. You can read more about naturalization... Read More

I AM ASYLEE WHO IS DIVORCE FROM MY WIFE.. WANT TO KNOW WHICH IMMIGRATION FORM SHOULD I FILE FOR PERMANENT RESIDENCE STATUS.

Answered 9 years and 11 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
Assuming you were the asylum applicant, you would need to file Form I-485. If you were not the asylum applicant, you will need to file a request for nunc pro tunc asylum. I encourage you to consult an attorney if you derived asylum through your wife. You can read more about asylee adjustment of status at http://myattorneyusa.com/adjusting-status-as-an-asylee.... Read More
Assuming you were the asylum applicant, you would need to file Form I-485. If you were not the asylum applicant, you will need to file a request for... Read More

how many days over the given departure date is seen as a violation by immigration officers?

Answered 9 years and 11 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
Any time you remain in the country more than authorized results in the accrual of unlawful presence. Accrual of more than 180 days of unlawful presence triggers a bar to future admission. However, a lesser stay can have serious repercussions. You can find yourself denied a visa or entry in the future as a matter of discretion. You should try to depart the country in compliance with your authorized stay. If you cannot do so, request an extension of status. You can read more about visitor visa's at http://myattorneyusa.com/travel-visas.... Read More
Any time you remain in the country more than authorized results in the accrual of unlawful presence. Accrual of more than 180 days of unlawful... Read More
You need to plan to depart the United States immediately. You are out of status and accruing unlawful presence. There is no grace period when a person is terminated from employment. You will likely face difficulty transferring to a new employer, because you will not be in status at the time of the transfer. If you depart the country, you can still transfer the H-1B. You will be able to return once the transfer is approved. Accrual of 180 days or more of unlawful presence will trigger a bar to admission. You can read more about H-1B at http://myattorneyusa.com/termination-of-h1b-employment.... Read More
You need to plan to depart the United States immediately. You are out of status and accruing unlawful presence. There is no grace period when a... Read More

how much time it's gonna take??

Answered 9 years and 11 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
Your case is outside normal processing times. At this point, only USCIS can advise you how much longer the wait may be and the reason for the delay. I could only speculate, which wil not help you. Have you tried contacting USCIS? You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read More
Your case is outside normal processing times. At this point, only USCIS can advise you how much longer the wait may be and the reason for the delay.... Read More

What would happen if my fiance and I got married while he is on holiday?

Answered 9 years and 11 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
You could file an immigrant visa petition on his behalf once you have married. As part of the immigrant visa process, you will be required to submit an affidavit of support on his behalf. You may be able to use your husband's income or assets if you do not have sufficient income or assets. You may also use a joint sponsor. No. Your husband could not enter on ETSA, marry you, and remain here while seeking an immigrant visa. He cannot use ETSA to enter the country when his intent is to remain permanently. This could lead to serious consequences. You would be better off seeking a fiancé visa. Yoy can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More
You could file an immigrant visa petition on his behalf once you have married. As part of the immigrant visa process, you will be required to submit... Read More

Im getting married with a usa citzen and im ilegal here how long does it take to fix my papers

Answered 9 years and 11 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
The answer to your questions will depend upon how you entered the country. If you were admitted or paroled into the United States, the process will take about 6-8 months. While your request is pending, USCIS may issue advance parole that authorizes you to return after a trip overseas. This is typically issued with 90 days. If you were not admitted or paroled, the process could take 1.5 to 2 years. You will not be issued advance parole. You will need to seek an immigrant visa through consular processing. You may qualify for the provisional waiver.  You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More
The answer to your questions will depend upon how you entered the country. If you were admitted or paroled into the United States, the process will... Read More

I-485

Answered 9 years and 11 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
You may be eligible to seek adjustment of status if you quakify under INA 245(k). Given what is at stake, I would encourage you to consult an attorney. In the interim, you can read more about INA 245(k) at http://myattorneyusa.com/adjustment-of-immigration-status.
You may be eligible to seek adjustment of status if you quakify under INA 245(k). Given what is at stake, I would encourage you to consult an... Read More

P1 visa transfer

Answered 9 years and 11 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
Your friend really needs to consult an attorney. Transferring any nonimmigrant employment visa requires a showing that the person previously complied with his/her status. Filing for a transfer may not be the option. 
Your friend really needs to consult an attorney. Transferring any nonimmigrant employment visa requires a showing that the person previously complied... Read More

How much to file for green card

Answered 9 years and 11 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
Attorney fees vary depending upon the exact facts of the case. I would encourage you to contact a few attorneys for rate information. 
Attorney fees vary depending upon the exact facts of the case. I would encourage you to contact a few attorneys for rate information. 

My Filipino wife is here in the US on a K-1 visa we have married in the 90 day requirement we cannot get a Social Security card

Answered 9 years and 11 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
You really need to file the application for adjustment of status right away. I know the filing fees are not small but it will costs you more down the road if you wait. Maybe someone can loan you the fees. Your wife can request employment authorization as part of the process. Once approved, she can obtain a social security number. You can read more about K-1 at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read More
You really need to file the application for adjustment of status right away. I know the filing fees are not small but it will costs you more down the... Read More

How can i be a permanent resident?

Answered 9 years and 11 months ago by attorney Maria Teresa Miller   |   1 Answer   |  Legal Topics: Immigration
  You should still be able to apply for your green card through your husband. After holding your green card for three years, you would be eligible for citizenship. If you are deported from the US or you leave the US on your own, it will be very difficult for you to come back to the US. You should get the paperwork filed right away to protect yourself from deportation.  ... Read More
  You should still be able to apply for your green card through your husband. After holding your green card for three years, you would be... Read More

How to calculate that I am 5 years LPR?

Answered 9 years and 11 months ago by attorney Maria Teresa Miller   |   1 Answer   |  Legal Topics: Immigration
The five years is not counted by the time you spent in the United States. You need to wait five years from the date you were granted residence, as stated on your green card.  It sounds like you will need to wait one more year to apply.
The five years is not counted by the time you spent in the United States. You need to wait five years from the date you were granted residence, as... Read More

Regarding I130 IMMIGRANT PETITION FOR RELATIVE

Answered 9 years and 11 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
The fact the you were under 21 at the time the petition was approved is not enough to qualify for an immigrant visa. The answer will depend upon the application of the Child Status Protection Act. There is not enough information provided to assess the matter fully. I would encourage you to consult an experienced immigration attorney whio can make a formal assessment on your eligibility to immigrate.... Read More
The fact the you were under 21 at the time the petition was approved is not enough to qualify for an immigrant visa. The answer will depend upon the... Read More

What is the best way to bring my 2 years old child?

Answered 10 years ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
More information is needed about your immigration history. The fastest way to bring a child to the United States would be if she is a United States by birth. You would simply need to request a passport. You should also apply for a certificate of citizenship after she has entered the United States. If she is not a United States citizen, you would need to file an immigrant visa petition on her behalf. You can read more about deriving United Stares citizenship and family immigration at http://myattorneyusa.com/family-immigration.... Read More
More information is needed about your immigration history. The fastest way to bring a child to the United States would be if she is a United States... Read More

Asylum

Answered 10 years and a month ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
You may file an asylum application of you fear returning to your native country. You will need to explain in detail why you cannot return as well as obtain supporting documentation. The asylum process can be overwhelming. I encourage you to work with an attorney to make sure your claim is properly developed. In the interim, you can read more about asylum at http://myattorneyusa.com/asylum-and-refugee-protection.... Read More
You may file an asylum application of you fear returning to your native country. You will need to explain in detail why you cannot return as well as... Read More

Does residency count when an individual is on a student or tourist visa?

Answered 10 years and a month ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
It is not clear what you are asking about. Are you attempting to become a lawful permanent resident? If so, there is no path to lawful permanent residence simply by being here for five years. You can read more about obtaining residence at http://myattorneyusa.com/immigration-to-the-usa.... Read More
It is not clear what you are asking about. Are you attempting to become a lawful permanent resident? If so, there is no path to lawful permanent... Read More
The petitioner either selected consular processing on the petition or you are ineligible for adjustment of status. Not everyone can pursue a green card in the United States. Some individuals are required to pursue an immigrant visa through consular process. You need to consult an attorney before departing the country. Your departure could trigger a bar to admission. You may find yourself stuck outside the country. You can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read More
The petitioner either selected consular processing on the petition or you are ineligible for adjustment of status. Not everyone can pursue a green... Read More