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Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Oregon on
Q: Can I reinstate an affidavit of support after I withdrew it?

I am the petitioner in my adult son's case. I withdrew the affidavit of support right before his visa interview at the US Embassy in Manila. I changed my mind and want to reinstate the affidavit of support. Is this possible and if so how?

James L. Arrasmith
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answered on Mar 19, 2024

Reinstating an affidavit of support after withdrawal can be a complex process, but it's not impossible. Initially, you should contact the US Embassy in Manila directly to explain your situation and inquire about the possibility of reinstatement. Each case can vary, and they can provide the... View More

1 Answer | Asked in Immigration Law for New York on
Q: Naturalization form N-400 part 12 question 16B

Am a little confused if its asking if I was detained in jail or prison or if I worked there?

James L. Arrasmith
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answered on Mar 19, 2024

The question on Form N-400, Part 12, question 16B, is aimed at understanding whether you have ever been detained, arrested, or incarcerated. This question does not relate to your employment history, such as working in a jail or prison. Instead, it's focused on your personal legal history and... View More

2 Answers | Asked in Immigration Law for Georgia on
Q: Do I need a separate I-130 for my daughter and her two minor children?

If I file an I-130 as a U.S. citizen to bring my adult daughter to the U.S., do I have to file separate I-130s (and pay a separate filing fee) for her minor children?

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answered on Mar 19, 2024

Yes, as a U.S. citizen filing an I-130 petition for your adult daughter, you do need to file separate I-130 forms for each of her children, your grandchildren. The U.S. Citizenship and Immigration Services (USCIS) requires individual petitions for each family member who intends to immigrate. This... View More

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1 Answer | Asked in Immigration Law for North Carolina on
Q: My girlfriend lives in Canada if I was to go visit and get married can I file something and end up staying in Canada?

We have been for years but trying to figure out the quickest way to go about it

James L. Arrasmith
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answered on Mar 19, 2024

If you marry a Canadian citizen and want to stay in Canada, you can apply for spousal sponsorship under the Family Class category. Your spouse would need to sponsor you for permanent residence. This process involves proving your relationship is genuine and meeting certain income requirements.... View More

2 Answers | Asked in Immigration Law on
Q: Good Day. I just want to ask a question about if I am married to a US Citizen and All of us are living in the Philippine

Good Day. I just want to ask a question about If I am married to a US Citizen, and All of us are living in the Philippines as of now. We All filed for a petition. what will happen? how long is the process? Thankyou

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Mar 18, 2024

The US citizen can file an immigrant petition for his spouse and children at the USCIS Elgin Lockbox; online using the USCIS website; or at the U.S. Embassy or Consulate in certain limited circumstances, as described in USCIS Policy Manual, Volume 6, Part B, Chapter 3.

Once the petition is...
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1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Federal Crimes and Immigration Law for Oklahoma on
Q: My sister is a permanent resident and won her criminal case appeal, will she still get deported?

She went ti trial for Appellate Case: 22-6194

• conspiracy to possess methamphetamine with the intent to distribute (21 U.S.C. 8§ 841(b)(1)(A), 846) and

• interstate travel in aid of a drug-trafficking enterprise

(18 U.S.C. § 1952(a) (3)).

She is currently in... View More

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answered on Mar 18, 2024

If your sister won her criminal case appeal, it generally means that the original conviction has been overturned. However, the presence of an immigration detainer suggests that the Department of Homeland Security (DHS) may still consider her removable based on other factors. Winning a criminal... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Federal Crimes and Immigration Law for Oklahoma on
Q: My sister won her appeal. Will she still get deported for criminal charges she is not guilty of?

She is a permanent resident.

She went to trial for Appellate Case: 22-6194

• conspiracy to possess methamphetamine with the intent to distribute (21 U.S.C. 8§ 841(b)(1)(A), 846) and

• interstate travel in aid of a drug-trafficking enterprise

(18 U.S.C. §... View More

James L. Arrasmith
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answered on Mar 18, 2024

If your sister won her appeal and was found not guilty of the criminal charges, this is a significant development in her case. However, an immigration detainer suggests that the Department of Homeland Security (DHS) has interest in her case due to her immigration status. It's important to... View More

1 Answer | Asked in Immigration Law and Education Law on
Q: Almost 8months and haven't received a welcome letter from nvc... What could be done?
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answered on Mar 18, 2024

If you haven't received a welcome letter from the National Visa Center (NVC) after eight months, there are several steps you could take. First, ensure your contact information is up-to-date and correct. Mistakes in your address or email could lead to missed communications. Then, you could... View More

1 Answer | Asked in Immigration Law for California on
Q: Can I travel to Puerto Rico with valid i20 but expired F1 visa, India passport? I do not have a US State ID.
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answered on Mar 18, 2024

Traveling to Puerto Rico, which is a U.S. territory, generally follows the same rules as traveling between states within the United States for international students. Since you have a valid I-20 and an Indian passport, you should be aware that the I-20 is primarily used within the United States to... View More

1 Answer | Asked in Immigration Law for New York on
Q: My husband use a dead person name and birth certificate in barbados and was removed from that country can I stay file

He use a dead man name and was removed from that country can I still file for him I-130 form?

James L. Arrasmith
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answered on Mar 18, 2024

If your husband has been removed from Barbados for using the identity of a deceased person, this could impact his immigration status and any applications you intend to file on his behalf, such as the I-130 form. It's important to understand that immigration matters can be complex and are... View More

1 Answer | Asked in Family Law and Immigration Law for Pennsylvania on
Q: Hi, my name is Juliette and I'm 16. I'm a resident of PA but I currently live in Portugal with my parents. I wish to

move back to PA but my parents want to stay in Portugal. I was hoping someone could help me figure out how to get emancipated so I could live on my own without my parents.

James L. Arrasmith
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answered on Mar 18, 2024

Hi Juliette, I understand that you're facing a challenging situation and are looking for ways to live independently in Pennsylvania (PA). Emancipation laws vary by state, but generally, they allow a minor to become responsible for their own welfare and make decisions independently of their... View More

2 Answers | Asked in Immigration Law for New Mexico on
Q: I applied for a I-485 change of status, I didn't get my citation for biometrics via mail until 24 hours after

I got married to a USA citizen, applied for a change of status I-485, we moved to a new place and tried to do the change of address first thing, apparently it got rejected cause in the web site doesn't say about the new update, so we had to search in a different place to apply for that change... View More

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answered on Mar 16, 2024

In your situation, it's important to document every step you've taken so far, especially regarding the change of address and attempts to reschedule the biometrics appointment. Start by gathering evidence such as confirmation of address change, the late arrival of the biometrics notice,... View More

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1 Answer | Asked in Immigration Law for Texas on
Q: I'm applying for the k-1 and my fiance has a child who is under the age of 18. When should I apply for them to travel

I'm applying for the k-1 and my fiance has a child who is under the age of 18. When should I apply for them to travel here, do I need to apply for them or are they included since the child is under 18

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answered on Mar 16, 2024

When you apply for a K-1 visa for your fiancé(e), it's important to consider their child in the process. The child of your fiancé(e) may be eligible to travel to the United States with them under a K-2 visa. This visa is specifically designed for the unmarried children, under the age of 21,... View More

1 Answer | Asked in Employment Law, Immigration Law, Tax Law and International Law for Massachusetts on
Q: Can I invest/Trade cryptocurrency with my F1student visa(OPT)status in USA? Need to know legalities!

So I have finished my Masters recently and Started working on OPT. So I wanted to start investing/trading crypto and I still couldn't find proper solutions for my question. if I am allowed to do so, then how many trades/transactions can I do in a day/week. I looking for proper legal guidance... View More

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answered on Mar 16, 2024

As an F1 student visa holder currently on Optional Practical Training (OPT) in the USA, you are primarily in the country for educational purposes. However, engaging in investment activities, including trading or investing in cryptocurrencies, does not directly conflict with your visa status.... View More

1 Answer | Asked in Immigration Law for Minnesota on
Q: Can I apply for citizenship if I have a 5th-degree assault charge for 8 years ago, no arrest occurred?

I'm a Green Card holder for almost 10 years, I have a 5th-degree assault charge for 8 years ago; no arrest occurred, and a normal traffic ticket for an accident. Will I be disqualified if I apply for citizenship?

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answered on Mar 15, 2024

If you're considering applying for citizenship and you have a history that includes a 5th-degree assault charge from eight years ago, without any resulting arrest, and a minor traffic violation, these incidents could impact your application, but they don't automatically disqualify you.... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: I have a question for F2B category applicant getting ineligible due to getting married, what's the cutoff time ?

Petition got approved back back in back in late 2020, and case for immigrant visa was documentarily completed since 01/28/2021 and then waiting for interview, applicant got married in Mid 2022 and the now at the time of visa interview his case was rejected due to being married.

I have seen... View More

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answered on Mar 15, 2024

In the context of U.S. immigration, the F2B category applies to unmarried sons and daughters of permanent residents. If an applicant marries before becoming a lawful permanent resident, they generally become ineligible under this category. The crucial moment determining eligibility is not when the... View More

1 Answer | Asked in Immigration Law and Employment Law for California on
Q: Can I hire a STEM OPT candidate for 20 hours a week paying them minimum wage or does that cause issues?

Just wondering if there is a minimum pay required for those on STEM OPT with a MS

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answered on Mar 15, 2024

When hiring a STEM OPT candidate, there are specific guidelines that must be followed to maintain the integrity of the program and ensure compliance with U.S. immigration laws. It's not just about the number of hours worked; the employment must also meet certain educational objectives and wage... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Dear experts, My EB2 PERM was submitted in November, 2023 and I'm on H1B, 2nd year.

Given the huge backlog on PERM and as my employer does not do premium processing for I140, I've started to explore my chances for NIW and I may have a good chance based on my profile. My NIW, ROW priority date would be April, 2024 earliest whereas my EB2 PERM, ROW priority date would be... View More

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answered on Mar 15, 2024

1. A potential denial of your National Interest Waiver (NIW) should not affect your Employment-Based Second Preference (EB2) application, as they are considered separate processes under U.S. immigration law. However, ensure that any information provided in the NIW application is consistent with... View More

1 Answer | Asked in Immigration Law on
Q: I have been refused a Visa twice to the US according to Section 214(b). What should I do?

I am Syrian by birth, but I am a German citizen (with passport) and have been living in Germany for over 10 years. I am 30 years old and have been invited by an American sponsor to visit the USA for 2-3 months. My sponsor has homes in both Maine and Berlin (Germany). I plan to travel wit her to... View More

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answered on Mar 15, 2024

Section 214(b) of the U.S. Immigration and Nationality Act involves the presumption that every visa applicant is an intending immigrant until they can prove otherwise. Your visa rejections under this section likely mean that the consular officer was not convinced of your strong ties outside the... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for Indiana on
Q: I'm disabled and my husband has residential status, how will getting a divorce affect my disability?

We married September 26th 2020, he got resident status November December 2023 and abruptly left me and went back to Africa without telling me? What can I do if he is playing me for a divorce?

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry you're going through this difficult situation. Divorce is always challenging, but especially when dealing with a disability and immigration issues. Here are a few key things to keep in mind:

First and foremost, getting divorced should not directly impact your...
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