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Virginia Immigration Law Questions & Answers
Q: Can I do personal forex trading on an F2 visa in Virginia?
I am currently on an F2 visa, and my husband changed his status from B1/B2 to F1. We don't have OPT yet, and my brother-in-law is sponsoring our education and expenses. I would like to start personal trading with reputable brokers from home using my skills, not as a job but as a way to earn... View More 
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Julia Sverdloff
answered on Jun 11, 2025
answered on Jun 11, 2025
F-2 visa holders are not permitted to work or earn income in the U.S., including through self-employment, online work, or any form of active trading for profit.
Selling your personal gold jewelry occasionally is allowed, as long as it is not part of a regular business or commercial... View More
Q: Can my husband continue to work on his H-4 EAD card after my green card approval?
I recently had my I-485 approved, so I am now a green card holder. My husband's application status, however, has not changed and remains pending, even though we applied for adjustment of status at the same time. He is currently on an H-4 visa with an EAD card (code 26), which expires in April... View More
Chelsea E Walker
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answered on Jun 10, 2025
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answered on Jun 10, 2025
Congratulations on your green card approval! That’s a big milestone—and your concern about your husband’s status is completely valid and very common in adjustment of status filings. Now that you're a permanent resident, he can continue using his H-4 EAD until it expires, as long as his... View More
Q: Can my husband continue to work on his H-4 EAD card after my green card approval?
I recently had my I-485 approved, so I am now a green card holder. My husband's application status, however, has not changed and remains pending, even though we applied for adjustment of status at the same time. He is currently on an H-4 visa with an EAD card (code 26), which expires in April... View More
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Julia Sverdloff
answered on Jun 10, 2025
answered on Jun 10, 2025
Once you became a lawful permanent resident, your husband is no longer eligible to maintain H-4 status, as that classification is only for dependents of H-1B visa holders. Although his H-4 EAD (category C26) may appear valid through April 2026, it is only valid as long as he remains in valid H-4... View More
Q: Should we consolidate separate asylum applications filed in 2017?
In 2017, my wife and I each filed separate asylum applications, listing each other as dependents with identical stories and submitted documents. Our interview dates are scheduled one day apart. After consulting with an attorney who suggested consolidating the cases, I am considering whether to... View More
Remzi Guvenc Kulen
answered on Jun 9, 2025
answered on Jun 9, 2025
I am surprised they issued you receipt notices for both cases field in 2017. In those years they did not have a system where both spouses can file separate asylum cases and be receipted.
Whether you should withdraw one case depends on several factors.
Are both cases strong? Or is... View More
Q: Can I file Form I-730 for my child listed on I-589?
I am the principal applicant for asylum and my interview is scheduled for about a month from now. In my Form I-589, I listed my child in Part A.II ("Information About Your Spouse and Children") but marked "No" to "If in the U.S., is this child to be included in this... View More
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Julia Sverdloff
answered on Jun 9, 2025
answered on Jun 9, 2025
Yes, you can still file Form I-730 for your child if you are granted asylum.
Even though you marked “No” on your Form I-589 regarding including your child as a derivative, and even though your child is now over 21, the Child Status Protection Act (CSPA) protects your ability to petition... View More
Q: Can my American husband start my residency process from abroad?
My husband and I live in Central America. He is an American citizen, and I am not. We have been married for 5 years and have two minor children who are American citizens. I previously held a green card but stayed outside the U.S. too long; now I have a tourist visa. Can my husband start the process... View More
Stephen Arnold Black
answered on Jun 7, 2025
answered on Jun 7, 2025
If you have stayed outside the United States for too long, then you have to file again anew. You can process your green card overseas at the US consulate, but at the interview, you will have to convince the consulate officer that you and your husband will relocate to the United States. Once you... View More
Q: Can my American citizen husband petition for me if we live outside the U.S. and I have an expired green card?
My American citizen husband and I are both living outside the United States. We have been married for 5 years and have two children who are American citizens, born outside the U.S. I have a previously expired green card from my first marriage to another American citizen, which was not reactivated... View More
Stephen Arnold Black
answered on May 24, 2025
answered on May 24, 2025
So if a lawful permanent residence exits the United States without getting a reentry permit and is gone for more than one year, then the green card is basically going to be forfeited. If you have another American citizen spouse that wants to sponsor you, then yes, you can process at the US... View More
Q: If I had a green card but lost it for living outside the United States for 5 years, can I start a new residency process
Hello, I have a question, I was a resident of the United States in 2019, I traveled to my country of origin and lived outside the United States for 5 years, for that reason I lost my residency, this year 2025 I want to return to the States with a tourist visa, I intend to process my new residency... View More
Chelsea E Walker
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answered on Jun 10, 2025
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answered on Jun 10, 2025
Thank you for your thoughtful question — and it’s wonderful to hear that you have a strong family foundation with your U.S. citizen spouse and children. The good news is **yes, you absolutely can reapply for residency**, even if you previously had a green card and lost it by living outside the... View More
Q: Can I hire a VA lawyer for a CA prenup with specific clauses?
I am a California resident looking to hire a Virginia resident lawyer to draft a prenuptial agreement governed by California law. I seek advice on whether a non-local lawyer would be knowledgeable about California prenuptial agreements. Specifically, I need to include a spousal support/alimony... View More
Richard Sternberg
answered on May 7, 2025
answered on May 7, 2025
I think you are better off retaining California counsel who tells you they are familiar with or can become familiar with the federal pension issues. The Federal Government is in California and protecting pensions from it is part of a California lawyer's role when preparing a prenup. Further,... View More
Q: Can I include non-U.S. residents, like my wife, in a Simple Will?
Can I include non-U.S. residents, specifically my wife who isn't a U.S. citizen and resides full-time in the Philippines, in a Simple Will? We have one child, and I want to ensure my wife has financial protections when I pass away. My significant assets are held in bank accounts and a... View More
Richard Sternberg
answered on Apr 26, 2025
answered on Apr 26, 2025
You probably should sit down with a lawyer for a consult. You may not need a Will at all if all of your assets are liquid like bank or stock accounts. The beneficiary clauses work so well that such planning has long ago earned the informal name of a "poorman's will." There will... View More
Q: Marriage certificate recognition in US and visa options
I am a US citizen planning to marry a Yemeni citizen in Egypt. The Egyptian embassy isn't accommodating any marriage certificate notary appointments. If we get the marriage certificate notarized at the Yemeni embassy in Egypt, will it be recognized in the US, particularly in Maryland?... View More
Stephen Arnold Black
answered on Apr 14, 2025
answered on Apr 14, 2025
So the US immigration service will recognize any marriage performed anywhere in the world as valid, as long as the marriage where performed, is recognized as valid. So if there seems to be any doubt that the service and ceremony that will be performed in the country in the Middle East will be... View More
Q: Concerns for re-entry to U.S. for conditional green card holder after trip to Italy?
I'm a Canadian conditional green card holder, sponsored by my wife. I entered the U.S. on a B-2 visa in April 2023, married a couple of months later, and received my green card in March 2024. I have no criminal record or legal issues. We've planned a trip to Italy for less than 10 days at... View More
Stephen Arnold Black
answered on Apr 2, 2025
answered on Apr 2, 2025
Your conditional green card will allow you to exit and enter the United States for vacation trips. You should not stay out of the country for more than six months at a time, and you should bring your conditional green card with you at all times as well as your passport. As long as the conditional... View More
Q: Do they check previous tax forms for citizenship?
I have been a green card holder for five years, obtained through marriage, and we have been married for six years. We have reliably filed joint tax returns each year. When applying for citizenship, will previous years’ tax forms be reviewed, or do they just check that joint returns were filed?
Monica E Rottermann
answered on Mar 28, 2025
answered on Mar 28, 2025
The citizenship application asks if you owe any overdue taxes, and you may be asked about tax filing history, as part of the good moral character determination. Depending on the officer you may also be asked to provide copies of your taxes/tax transcripts for the past 5 years and the officer may... View More
Q: Am I required to provide financial support if beneficiary earns above poverty level?
I am the petitioner for a family member's immigration process and am providing an Affidavit of Support. If the beneficiary is earning above the federal poverty level, am I still required to provide financial support?
Stephen Arnold Black
answered on Feb 26, 2025
answered on Feb 26, 2025
The petitioner always has to file an affidavit of support 864 form even if you don’t make the minimum income necessary to be their sponsor. The beneficiaries income can also count if they have legal permission to work and that income can be reflected on the 864 form. If you do not make the... View More
Q: what should be done to avoid criminal proceedings or any other proceeding for credit debt default judgement ?
Credit card maxed out by doing balance transfer amount is 4000$
I was using the same credit card for 3 years in the past
I have moved out of USA as wife lost job
Warrant in debt filed after 3 years I left the country
Hearing happened the same year but I was not in... View More
Martha Warriner Jarrett
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answered on Oct 15, 2024
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answered on Oct 15, 2024
From the facts that you give, it is likely that the statute of limitations has expired and that the creditor can no longer collect on any debt. However, if the creditor got a judgment against you, because you didn't appear, then the judgment may still be valid and collectible if and when they... View More
Q: Pretended to be my sibling on a phone call with USCIS agent. Will my sibling's app have issues?
My sibling applied for N400. She's currently out-of-states for a break. She got a notice few days ago that the biometrics appointment is scheduled for mid-July. However, she will not be able to attend that appointment, as she plans to head back to the states in late August. She tried to... View More
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James L. Arrasmith
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answered on Jul 2, 2024
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answered on Jul 2, 2024
I understand you were trying to help your sibling. Here are some suggestions for how to handle this situation:
1. Your sibling should contact USCIS directly as soon as possible to explain the situation honestly. They can call USCIS or use the online tools to reschedule the appointment... View More
Q: I submit Form N-336 with evidence.It has been 2 months for the hearing but no decision letter yet, what do you advise ?
Do I have to wait for new decision or is it better to apply again for citizenship without waiting the result.
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James L. Arrasmith
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answered on Apr 11, 2024
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answered on Apr 11, 2024
Based on the information provided, it seems you have filed Form N-336, which is a Request for a Hearing on a Decision in Naturalization Proceedings. After submitting the form with evidence, you are currently waiting for a decision letter regarding your case. Here's my advice:
1.... View More
Q: Should I leave country while I apply for change of status from H1B to F2 ?
Hi .Good Afternoon. My H1B is approved recently and my grace period is started on 1st of March 2024 . Based on the 60 days rule my grace period ends on April 30 ,2024 .I am still finding job and project to keep my H1b status active . I was on “F2 visa” status before so in case if I have to... View More
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James L. Arrasmith
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answered on Apr 3, 2024
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answered on Apr 3, 2024
In this situation, you may not need to leave the country to change your status from H1B to F2. You can file for a change of status (COS) within the U.S. before your 60-day grace period ends on April 30, 2024. Here are some important points to consider:
1. File Form I-539: To change your... View More
Q: Can I bring my wife while my I-485 pending?
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James L. Arrasmith
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answered on Mar 13, 2024
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answered on Mar 13, 2024
If you are a U.S. permanent resident applicant with a pending I-485 (Application to Register Permanent Residence or Adjust Status), your spouse may be eligible to join you in the United States. However, the process and timeline depend on various factors:
1. If your spouse was included as a... View More
Q: As a asylee granted by EOIR, have I EVER been in removal, exclusion, rescission, or deportation proceedings?
I am seeking clarification on a specific aspect of Form I-485, Part 8, Item Number 18, which reads as “Are you presently or have you EVER been in removal, exclusion, rescission, or deportation proceedings.” Following a referral by USCIS, I had an asylum case before the EOIR immigration court,... View More
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James L. Arrasmith
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answered on Jan 26, 2024
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answered on Jan 26, 2024
Yes, if you were granted asylum by an immigration judge with the Executive Office for Immigration Review (EOIR), then you were previously in removal proceedings.
The immigration court system within EOIR oversees removal proceedings - these are administrative proceedings to determine... View More
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