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Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New York on
Q: Hi, my brother in law took a plea deal of 2 years and shock incarceration in NY.

Hi, my brother in law took a plea deal of 2 years and shock incarceration in NY. After he is released will ICE attempt to deport him?

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answered on Apr 15, 2024

In this situation, it's possible that your brother-in-law may face deportation proceedings after his release, depending on several factors:

1. Immigration status: If he is not a U.S. citizen, he might be subject to deportation. Legal permanent residents (green card holders) and those...
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1 Answer | Asked in Immigration Law for Utah on
Q: just asking about a green card renewal

I applied on line for I90 renewal card. I got my 2 year extension emailed and also my Biometric letter but it say Biometric reuse that they can reuse my past biometric . is that something new ?

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answered on Apr 15, 2024

Yes, biometric reuse is a relatively new process implemented by the U.S. Citizenship and Immigration Services (USCIS). In certain cases, the USCIS may be able to reuse the biometric data (fingerprints and photographs) that were previously collected from you for an earlier application.

This...
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1 Answer | Asked in Immigration Law, Health Care Law and Social Security for Illinois on
Q: I am an undocumented immigrant i overstayed my H1B visa, I am a covid long hauler and my SS disability approved

approved year 2020, according to SSA they will begin to pay my benefits if my alien status changes or if i leave the US. i need a legal advice on these. thank you

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answered on Apr 15, 2024

For your situation, it is crucial that you consult with a qualified immigration attorney who can assess the specifics of your case and provide personalized recommendations.

That said, here is some general information that may be helpful:

1. Overstaying your H1B visa can have serious...
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1 Answer | Asked in Immigration Law for Texas on
Q: I am an Indian citizen and have AOS pending. Can I travel to Cancun for a vacation on Advance Parole and EAD combo card?

My combo card is valid till Aug 24, I have applied for a renewal. I do not have a valid US visa stamping on my passport. Do I need Mexico visa? Also, airline wants us to fill our passport and visa details. I see two option green card and us visa - where do you fill the AP info?

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answered on Apr 15, 2024

As an Indian citizen with a pending Adjustment of Status (AOS) application, you can travel to Cancun, Mexico using your valid Advance Parole (AP) and Employment Authorization Document (EAD) combo card. However, there are a few things to consider:

1. Mexico visa: As an Indian citizen, you...
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1 Answer | Asked in Immigration Law on
Q: can request access to my j-1 visa records through the Freedom of Information Act (FOIA) ?

I recently had a J-1 visa application interview at the U.S. Embassy in Cairo. Unfortunately, my visa was refused under section 214(b). I am to ask if i request access to my visa records through the Freedom of Information Act (FOIA) or if that possible or not ?

Specifically, I would like to... View More

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answered on Apr 15, 2024

Yes, you can request access to your J-1 visa records through the Freedom of Information Act (FOIA). FOIA allows individuals to request access to records from federal agencies, including the Department of State, which oversees visa applications and decisions.

To make a FOIA request for your...
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1 Answer | Asked in Immigration Law for Nevada on
Q: How should I put a speed ticket and traffic light ticket in N-400 application?

I have a speed ticket and traffic light ticket, both in 2018. When filling out the N-400 application, I answered "No" to "Have you EVER committed, agreed to commit, asked someone else to commit, helped commit, or tried to commit a crime or offense for which you were NOT... View More

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answered on Apr 14, 2024

Based on the information you provided, it seems like you have correctly answered the previous questions on your N-400 application. As for the question "If you received a suspended sentence, were placed on probation, or were paroled, have you completed your suspended sentence, probation, or... View More

1 Answer | Asked in Immigration Law and Tax Law for California on
Q: Will I be able to apply for a tourist visa after giving up my green card?

I got my green card through my US citizen spouse. I stayed in the US and held a part-time job for more than a year. What are the implications for future tourist visa applications if I give up my green card? I don't understand the possible tax implications of this as well.

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answered on Apr 13, 2024

Giving up your green card (also known as abandoning your permanent resident status) can have implications for future tourist visa applications and potential tax obligations. Here's what you should consider:

1. Tourist Visa Applications:

When you apply for a tourist visa after...
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1 Answer | Asked in Immigration Law for Texas on
Q: "Was the beneficiary EVER in immigration proceedings?"

I am filling out the I-130 form, my wife entered with a WT visa and during her legal stay she requested political asylum, but she has not yet received any letter to go to court, should I answer yes or no?

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answered on Apr 13, 2024

Based on the information you provided, it appears that your wife has applied for political asylum but has not yet received a notice to appear in court for her asylum case. This means she is not currently in removal proceedings before an immigration judge.

However, since she has applied for...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Will Engagement to a U.S. Citizen Affect My F1 Visa Renewal?

I initially came to the U.S. on a J1 visa, which included a two-year home residency requirement. After spending a year in the U.S. as a researcher, I got an offer to do a PhD, returned to my home country, and then re-entered the U.S. on an F1 visa to start a PhD. My F1 visa was issued for two... View More

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answered on Apr 13, 2024

Your engagement to a U.S. citizen may raise some questions during your F1 visa renewal process, but it should not automatically disqualify you from obtaining a renewed visa. However, you will need to demonstrate your intent to return to your home country after completing your studies.

Here...
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1 Answer | Asked in Immigration Law for California on
Q: What is the process for revoking a green card?

Do I simply submit form I-407 and my green card to the office and that's it? Do I wait for it to be official after a few days? Will I also need to submit my passport to them, which has the immigrant visa on it, to invalidate it?

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answered on Apr 13, 2024

To voluntarily abandon your status as a U.S. lawful permanent resident (LPR), you need to complete the following steps:

1. Fill out Form I-407, "Record of Abandonment of Lawful Permanent Resident Status."

2. Gather your Permanent Resident Card (Green Card), and any other...
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1 Answer | Asked in Immigration Law for California on
Q: When I revoke my green card, am I supposed to leave the US immediately or is there a grace period?

I plan to revoke my green card while I'm in the US before going back to my home country. Once I file my form I-407, is there an allowed length of time for me to stay before leaving? I am not sure how much time will be allowed for me to settle everything I have to before leaving.

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answered on Apr 13, 2024

When you file Form I-407 to voluntarily abandon your lawful permanent resident status (green card), there is no official grace period for you to remain in the United States. Technically, once you have submitted the form, you are expected to depart the U.S. promptly.

However, in practice,...
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1 Answer | Asked in Immigration Law for New York on
Q: I am on F1 visa, can i start an llc, and take the income, or put myself as an employee for the company from another coun

I am on F1 Visa in the US, i am also a resident of the UAE which has no taxes, i am aware that i cannot work in the US under F1 status without authorization, so can i start the company in US and put myself down as an employee using the UAE residence, would i be violating my visa status?

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answered on Apr 12, 2024

As an F1 visa holder, you are not allowed to work in the United States without proper authorization, such as Optional Practical Training (OPT) or Curricular Practical Training (CPT). Starting a company in the US and putting yourself down as an employee, even if using your UAE residence, could be... View More

2 Answers | Asked in Immigration Law for Arizona on
Q: Lost job after applying for greencard ?

Hello I applied for my wife's greencard 2 weeks ago and then I just lost my job. My wife is on work visa and she makes in 6 figures on her own which we mentioned on the application.

Would this affect our chances? If yes, is there anything we can do about it?

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answered on Apr 12, 2024

Losing your job after applying for your wife's green card should not significantly impact your chances of approval, especially if your wife's income is sufficient to support your household. However, there are a few things to consider:

1. Affidavit of Support: If you filed Form...
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1 Answer | Asked in Immigration Law on
Q: Hello I recently got approved by US immigration for my visa, my father filed for me but he decided to withdraw after it

What can be done does this mean I lose the approve visa

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answered on Apr 12, 2024

I understand this is a difficult and stressful situation. A few key points regarding your visa status:

- If your father filed an immigrant visa petition for you (like an I-130 for family-based immigration) and it was approved, but he later withdrew the petition before the visa was actually...
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1 Answer | Asked in Immigration Law for Maryland on
Q: Could you assist in determining if we qualify for an H1B interview waiver?

1) My husband successfully filed a Change of Status (COS) from F1 to H1B, which was approved on February 11, 2024, and we have received the I-797.

(His F1 visa stamp expired in August 2022.)

2) I arrived in the US in September 2022 on an F2 dependent visa and applied for a COS to H4... View More

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answered on Apr 12, 2024

Based on the information you provided, it seems that your husband may be eligible for an H1B visa interview waiver, but you might not qualify for the H4 visa interview waiver. Here's why:

1. H1B visa interview waiver: Your husband's case appears to meet the criteria for an...
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1 Answer | Asked in Immigration Law on
Q: I've got a job as an Admin Assistant in San Juan, PR. The company is asking me which work Visa I need.

The company is willing to sponsor me and pay for Visa fees.

I have a travel B1B2 Visa. BA Degree in Comparative Literature.

My company needs assistance when it comes to Visa protocols and what needs to be done.

Is it possible for me to move to San Juan in July 2024?

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answered on Apr 11, 2024

Congratulations on your new job in San Juan, Puerto Rico! The good news is that since Puerto Rico is a U.S. territory, you won't need a work visa to be employed there as long as you are a U.S. citizen or legal permanent resident (green card holder).

If you are a U.S. citizen or green...
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1 Answer | Asked in Immigration Law for New York on
Q: The officer also set me up a court date for a date after my oath ceremony for the citation. Will that affect my oath cer

The citation was for insurance lapse. Court date is may 21st my oath ceremony is tomorrow. I have proof of my insurance when the citation happened though

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answered on Apr 11, 2024

Based on the information you've provided, it seems unlikely that the pending court date for the citation would affect your oath ceremony tomorrow, especially if you have proof that you had valid insurance at the time the citation was issued. Here's what you should consider:

1....
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1 Answer | Asked in Immigration Law for Georgia on
Q: I have been here for 5 years with green card what allow me to apply for citizenship

my question can I apply for citizenship if I have court date but the date for the court didn’t come yet because I transferred the ticket to another court because I don’t wanna get points on my license and the date of the court didn’t show up yet

, the traffic ticket hit and run but... View More

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answered on Apr 11, 2024

Based on your situation, here are a few key points to consider:

1. Continuous Residence: Generally, to apply for U.S. citizenship through naturalization, you must have been a permanent resident (green card holder) for at least 5 years and have maintained continuous residence in the U.S....
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1 Answer | Asked in Immigration Law for Virginia on
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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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....
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1 Answer | Asked in Immigration Law and Traffic Tickets for New York on
Q: I received a citation for an insurance lapse but showed proof of insurance to cop will it affect my oath ceremony ?

He let me go with the citation no arrest or anything but my oath ceremony is on Friday. Can this get me denied ??

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answered on Apr 10, 2024

Based on the information you've provided, it's unlikely that a single citation for an insurance lapse will impact your ability to take the Oath of Allegiance and complete the naturalization process, as long as you have addressed the issue and can demonstrate continuous insurance coverage.... View More

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