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Answers to Frequently Asked Questions

Immigration

• What is cancellation of removal?

• What are the two different types of cancellation of removal?
• What waivers are available for criminal and non-criminal grounds of removal under 212?
  
  
• Naturalization and Citizenship
  

  Q. I have been a permanent resident for several years and I want to apply for US citizenship, however I have a minor criminal charge in my background from many years ago. Will it affect my chances of becoming a US citizen?

•  Q. I have a green card that has expired and I want to apply for US citizenship. Do I have to renew my green card before applying?
  

   

  
  

   

• When I become a US citizen will I lose the citizenship of my country of origin?
  

   

  
  

   

• I am a citizen of another country and I came to the US undocumented (crossed the border illegally). I am now married to a US Citizen and my spouse and I want to begin a case so I can become a permanent resident. Can I still apply without leaving the United States?
  

   

• I am a citizen of another country and I came to the US using a visa but I overstayed the period for which I was admitted. I am now married to a US Citizen and my spouse and I want to begin a case so I can become a permanent resident. Can I still apply without leaving the United States?
  

   

• I've heard that a new law was recently signed by the President to raise the H-1B Cap. How much does the law raise the cap?
  

   

  
  

   

• Does the law allow certain persons to extend their H-1B status for more than six years?
• I have heard that the law abolishes per country quotas. Is this true?
  

   

  
  

   

• Does the law allow more persons to immigrate through the EB categories?
  

   

  
  

• Does the law make it easier for an H-1B worker to change employers?
• Is there a provision in the law which allows a person with a pending application for adjustment of status to change employers?

• Who needs an employment authorization document prior to seeking employment in the US?

• How can an employer become liable for inappropriate employment activities?

• How do immigration requirements affect international adoptions?

• How can an immigrant lose his or her Green Card?

Bankruptcy

• How will bankruptcy affect my credit?
• What alternative courses of action are there to filing bankruptcy when facing overwhelming debt?
• What areas do you serve as a Chapter 7 bankruptcy lawyer?
• What areas do you serve for chapter 13 bankruptcy filings?
• What is Chapter 7 bankruptcy?
• How does filing a Chapter 7 petition keep creditors away?
• What debts may be discharged?
• What debts cannot be discharged?
• What property can I keep with Chapter 7?
• Is it possible to lose the protection of the automatic stay?
• What information is needed to file a Chapter 7 Petition?
• What is Chapter 13 bankruptcy?
• How does Chapter 13 work?
• Is there a means test for Chapter 13?
• How does filing a Chapter 13 petition keep creditors away?
• How are payments made?
• What happens if you stop making payments?
• What if my income drops during my Chapter 13 case?
• What debts are not discharged in a chapter 13 bankruptcy?
• What information is needed to file a Chapter 13 Petition?

Criminal Defense

• What is discorderly conduct (Va Statute 18.2-415)?
  
• What is Petit Larceny in Virgina?
  
• What is involved in the drug possesion crimes under Virginia law?  What are the Virginia Drug Crimes?
  
• What is Assault and Battery under Virginia Code 18.2-57?
  
• How many different ways can a person be charged with reckless driving?
• What are the Virginia Prostituition, Solicitation and Pandering laws?
• What are the penalties of a marijuana conviction?

• What if the police didn't read me my rights?

• What is an administrative license suspension?
• Do I have to take a blood, breath, or urine test if asked to do so by the police?  
• I've been charged with a Felony.  What happens next?
• How do I get out of jail if I've been arrested?
• What areas do you serve as a crimial lawyer?
• What should I do if I get a call that a friend or family member has been arrested?
  
• I've been arrested. What should I do?
• I've been accused of a crime. What are my rights?

Traffic and DUI/DWI

• What are the penalties for reckless driving?

• What is an SR-22?
• What is DUI in Virginia?
• How is a BAC determined?
• What if I refuse to take the breathalyzer test?
• Can I be charged with a DUI with a BAC lower than 0.08%?
• What are the penalties for being charged with DUI in Virginia?
• How long does a DUI conviction remain on my criminal record?
• Can I be deported for a DUI?
• Can I be fired from my job, or lose my security clearance, over a DUI conviction?
• How much does an ignition interlock system cost?
• Are special considerations made for first-time and/or youthful offenders?
• Is a DUI conviction public?
• Do I need a lawyer if charged with a DUI?
• What is reckless driving in Virginia?
• What is the maximum posted speed limit in Virginia?
• Why is a reckless driving charge in Virginia so serious?
• I'm from out of state. Do I need to be worried about a reckless driving ticket I got while driving in Virignia?
• Do I have to appear in court for a reckless driving ticket?
• Why was I charged with reckless driving in Virignia? I wasn't going more than 20 miles over the speed limit.
• How many points are added to my recording for a reckless driving conviction in Virginia?
• How long will a reckless driving conviction remain on my record?
• Can I lose my job if convicted for reckless driving in Virginia?
• Do I need a lawyer to defend me over a reckless driving charge?

Family Law & Divorce

• What is collaborative family law?

• How are assets and liabilities distributed in a divorce?

• What are the three (3) major steps in a typical divorce?
• What is a Pendente Lite hearing?

• What is an annulment?

• What if one or both parties are members of the armed forces of the United States? Can they still meet the residence and domicile requirements?
• Can I obtain a divorce if I do not know where my spouse lives or if he or she lives outside the State of Virginia?
• Would I be entitled to a portion of my spouse's retirement?
• What happens at a contested divorce hearing?
• What if the party ordered to pay support is not fulfilling their obligation?
• How is the amount of child support determined?

• When is spousal support granted?

General

• What is Virginia Tresspassing under Va Statute 18.2-119?
  
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  What is the most common form of reckless driving under 46.2-862?
  
• What is 46.2-852?
  
• What is a restricted license?
• What are the mandatory penalties for driving under influence "DUI"?

• Where can I get a speed calibration?

• How do I determine how many drinks will get me intoxicated?

• What is a Property Settlement Agreement?

• What Can I Expect At My Free Consultation With One of Your VLG Criminal Defense Lawyers?

• What additional consequences are there if you refuse the breath test?
• When does the implied consent law apply to a driver in Virginia?
• What are the different types of driving on a suspended license?

Vienna Law Group

10615 Judicial Drive                      8229 Boone Blvd
Suite 101                                       Suite 290
Fairfax, VA 22030                            Vienna, VA  22182 

Phone: 703-385-6868
Toll free: 1-877-491-4LAW
Fax: 703-385-7009

Vienna Law Group provides immigration, bankruptcy, family law, divorce, traffic violation, DUI/DWI and criminal legal services in Northern Virginia, including the following cities and counties: Fairfax, Vienna, Reston, Tyson's Corner, McLean, Falls Church, Arlington, Alexandria, Mt. Vernon, Annandale, Springfield, West Springfield, Newington, Lorton, Woodbridge, Dale City, Burke, Manassas, Centerville, Chantilly, Herndon, Sterling, Ashburn, Leesburg, Fairfax County, Alexandria County, Arlington County, Loudon County and Prince William County.

Our Books

Chapter 7 Bankruptcy - How to get a fresh start and rebuild your life

Virginia DUI - Your DUI arrest survival guide for Virginia

Reckless Driving- The shocking truth about reckless driving laws in VA

Chapter 13 - Save your property & pay off your debts over time

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