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Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Iowa on
Q: If he will be returning home after, can my fiancè get married on an ESTA or does he need a separate visa?

This might be a dumb question, but I cannot find the answer. Can my British fiancè come to the US on an ESTA to get married with the intention of returning home to the UK? I am a US citizen and we've plenty of evidence that he'll be returning home. We plan for me to join him when all is... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on May 26, 2023

If a British citizen enters the United States on an ESTA visa waiver, with the intention of temporarily staying here, but thereafter decides to get married and remain permanently , (because he changed his mind), then, yes it is possible for him to adjust status if he gets married to a US citizen.... Read more »

1 Answer | Asked in Immigration Law for California on
Q: GC holders - 180 day stay requirement & can they stay outside for >6 months but less than a year?

Hi, I applied GC for my parents after they arrived in US (Arrived: Feb'22, applied: June'22) and their GC's have been approved as of this May. Have following questions and seeking feedback:

1. If they stay here in the US till early July, they fulfill their 6 months/180 days... Read more »

James L. Arrasmith
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answered on May 25, 2023

Regarding the 6-month/180-day stay requirement: Green card holders are generally expected to maintain residence in the United States. Staying in the US for at least 6 months (180 days) within a calendar year is often considered evidence of maintaining residency. However, it's advisable to... Read more »

1 Answer | Asked in Immigration Law for Nebraska on
Q: How can an undocumented immigrant marry a u.s. citizen and how,they have no paperwork?

I am a born and raised citizen,she is from Mexico,with no D.a.c.a. ,how can we legally get married?

Julie Fowler
Julie Fowler
answered on May 24, 2023

As long as you meet the requirements to get a marriage license, you should be able to get married. Generally, it is not difficult to meet the marriage license requirements. They include things like minimum age requirements to marry. You can find the requirements for a marriage license on the... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Can I get H1b stamping before the start date on I-797 and enter USA (working for same petitioner)?

I live in USA on H1 status. I have I797 valid until Aug 24, 23, although visa stamp in my passport is expired. I have H4 stamp from few years ago. Never got H1 stamp COS from H4 to H1. My H1 extn is approved (Aug 25, 23 to Aug 24, 26. I was planning to visit US consulate in 1st week of Aug 23 to... Read more »

James L. Arrasmith
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answered on May 24, 2023

Generally, if you enter the US before the start date on your new I-797, the US Customs and Border Protection (CBP) officer may admit you based on your existing H1B status until the expiration date on your current I-797. This means your H1B extension may not go into effect on the intended start... Read more »

2 Answers | Asked in Immigration Law for Massachusetts on
Q: what are the requirements to sponsor my wife, for her eventual citizenship? is is different for her children?

what are the sponsors financial requirements, is there another option besides tax returns to provide income documentation?

Giselle M. Rodriguez
Giselle M. Rodriguez
answered on May 23, 2023

Thanks for your question!

The requirements to sponsor your wife vary depending on whether you are looking at completing the adjustment of status process or the consular processing routes.

Other financial documentation includes paystubs, W-2’s or 1099’s (If applicable); Employer...
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1 Answer | Asked in Employment Law, Contracts and Immigration Law for Florida on
Q: Can I get in trouble if my employer is never asked me to fill out an I-9 form?

My friend has been working for a company for a little shy of a month now and thier employer's have never asked him to fill out an I-9 form. They have been getting paid (direct deposit actually) bi-weekly. I'm worried about him getting in trouble for it.

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Relax. The rules re: I-9 forms put penalties on the Employer, not the employee. If your friend is really worried, you can always download an I-9 from the IRS and fill it out to submit to the employer. Keep a dated copy. BUT if the employer is not asking for it and is not taking out employment... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I have a US green card and I'm getting citizenship of Isreal. Can this affect renewing my green card?

I'm wondering if getting citizenship in a different country can be seen as a ground for violating green card requirements and result in green card renewal rejection?

James L. Arrasmith
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answered on May 23, 2023

Obtaining citizenship in another country, such as Israel, generally does not automatically impact the renewal of your US green card. The United States recognizes dual citizenship, meaning you can hold citizenship in multiple countries simultaneously without it being viewed as a violation of green... Read more »

1 Answer | Asked in Immigration Law for California on
Q: where do I need to send the letter to have my N400 application reopen due to miss my interview? to the field office or?
James L. Arrasmith
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answered on May 23, 2023

To reopen your N400 application due to missing your interview, you will need to send a letter to the U.S. Citizenship and Immigration Services (USCIS) office that has jurisdiction over your case. Specifically, you should address your letter to the USCIS Field Office that originally scheduled your... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Immigration Question

Hello, I have a friend who came over as a one year old and she is now 22, legally married to an American citizen and is expecting their first child. She only has her foreign passport since she came over without consent as a baby. What are the steps she has to take to get her citizenship? She would... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on May 22, 2023

Before seeking citizenship through naturalization, she would need to first apply for U.S. legal permanent resident status. Whether she entered on a visa and overstayed or entered without inspection will dictate which path the case takes. If she entered originally through an official port of entry... Read more »

1 Answer | Asked in Immigration Law for California on
Q: U visa I was witnesses for 3 years one person get kill 5 shut gun 2008 i have some papers from those years

I have bad record 3 DUI and 1 domestic violence

James L. Arrasmith
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answered on May 22, 2023

To be eligible for a U visa, which is a visa for victims of certain crimes who have cooperated with law enforcement, you must meet specific requirements. While being a witness for three years in a case involving a fatal shooting may be relevant, it's important to consult with an immigration... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: US citizen sponsoring 2nd husband

Im a US citizen, i sponsored my first husband back in 2009 ,he got his green card at the beginning of 2011 and then problems started between us right after he got his PR so i divorced him in dec of 2012, i got married again in 2018 and i would like to sponsor my second husband this year for a PR,... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on May 22, 2023

The fact that one has previously sponsored an ex-spouse does not automatically foreclose sponsoring a second spouse. USCIS will simply look at your facts to make sure this is not, e.g., a pattern and practice of marrying foreign individuals, for example, to earn money. The measure for approval... Read more »

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can my brother-in-law become my petitioner on Form I-130 & Form I-864 instead of my wife? They are both US citizens.

My wife and I are unable to meet the financial thresholds required by Form I-864, so we would need to acquire a joint sponsor, which is an additional headache. Therefore I am wondering if my brother-in-law can be my petitioner on Form I-130 and I-864 instead, since he is able to meet the financial... Read more »

Kevin L Dixler
Kevin L Dixler
answered on May 20, 2023

No, your brother in law is disqualified as a matter of law. He is ineligible to petition too for an I-130. He can only act as a joint sponsor with your wife.

In order to avoid complications, including what can prove to be permanent bars on lawful immigration, I strongly recommend an...
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1 Answer | Asked in Immigration Law for California on
Q: I am abroad with green card for 17 months how to reenter

Reenter USA after abroad for 17 months with green card

James L. Arrasmith
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answered on May 19, 2023

To reenter the United States after being abroad for 17 months with a Green Card, follow these steps:

- Ensure your Green Card is valid.

- Gather necessary documents: passport, Green Card, and any supporting documentation.

- Present your documents at the port of entry....
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1 Answer | Asked in Immigration Law for California on
Q: someone living with me that is from Peru ,they have a immigration superviser coming can I get in trouble if sheainthere

A girl rents here but she has a process to stay here, they told her that they need someone from immigration superviser to come 1 time and see that she’s here. But in case she ain’t here can I get in trouble ? Since I don’t have papers but I have daca and my husband doesn’t have papers neither ?

James L. Arrasmith
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answered on May 19, 2023

If someone staying with you has a process to stay in the country and an immigration supervisor is scheduled to visit and verify their presence, it is crucial that they are actually present during the visit. If the person is not present when the supervisor arrives, it could potentially raise... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Hola Buenos dias me gustaria hacer una consulta el dia dia agosto 16 2022 mi esposo y yo ganamos la cancelacion

De deportacion pero hasta la fecha no hemos recivido ningun documento de la corte donde nos dija que esta cancelada y nos gustaria Saber que sigue despues de ganar el caso en la corte.

Muchas gracias

Ana S. Mendieta
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Ana S. Mendieta
answered on May 18, 2023

First and foremost, Congratulations to you and your spouse on winning a EOIR-42B, Cancellation of Removal and Adjustment of Status for Certain nonpermanent residents.

You have not received any documents as yet, because the Judge has not issued a decision in your case. Your case is pending...
Read more »

1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: I am traveling to Cuba. Can I fly into Canada from US, and then to Cuba if I was charged with a DUI?

I am visiting my wife’s family in Cuba. We plan to fly to Canada, then fly from Canada to Cuba. If I was charged with DUI, but not convicted, will I have any problems flying into or out of Canada? I understand that if I drive into Canada it could potentially be problematic, but have heard if I... Read more »

James L. Arrasmith
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answered on May 16, 2023

When traveling to Canada with a DUI charge on your record, there is a possibility that you may encounter issues at the border, regardless of whether you are flying or driving into the country.

Canada has strict regulations regarding criminal convictions, including DUI charges. Even if you...
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2 Answers | Asked in Immigration Law for Connecticut on
Q: supporting documents for form I-539 changing status - J1 to B2

Hello

I have been in the US for the past two years as a J1 research scholar. My research program has ended last month (end date is April 27th on my DS2019,) and I was not able to extend it. I have filed form I-539 to apply for a visa change to B2, as I need to attend some conferences in... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on May 15, 2023

You need to show that you have enough financial resources to pay for your living expenses while you’re in visitor status. This would include bank statements showing how much savings you have or brokerage statements showing securities like stocks bonds or crypto that can be liquidated to pay for... Read more »

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2 Answers | Asked in Immigration Law for Connecticut on
Q: supporting documents for form I-539 changing status - J1 to B2

Hello

I have been in the US for the past two years as a J1 research scholar. My research program has ended last month (end date is April 27th on my DS2019,) and I was not able to extend it. I have filed form I-539 to apply for a visa change to B2, as I need to attend some conferences in... Read more »

James L. Arrasmith
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answered on May 16, 2023

When applying for a change of status from J1 to B2 using Form I-539, you will need to include supporting documents to strengthen your application. Here are some suggested documents to include:

Cover letter: Write a brief cover letter explaining the purpose of your application, your current...
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2 Answers | Asked in Child Custody, Immigration Law and Family Law for Ohio on
Q: If someone from Canada on a visa has a child and has primary custody can they move minor child without other parents

Consent in a joint custody agreement

James L. Arrasmith
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answered on May 16, 2023

When it comes to child custody and relocation, it's essential to consult with a legal professional who specializes in family law in the relevant jurisdiction, as laws may vary depending on the specific circumstances and local regulations.

In Canada, if parents have joint custody of a...
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3 Answers | Asked in Immigration Law for California on
Q: I am an Asylee as of March 2022. I would like to go visit my family and stay for a month or less.

I came to the U.S. on F1 visa initially. In 2022, I applied for and received asylum due to my perceived sexual orientation. However, I am finishing college soon and I really am by myself here. I miss my family so much and my family would do no harm to me because they love me immensely. However, in... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on May 12, 2023

I do not recommend traveling to the country of persecution at any time until you become a US citizen for one simple reason because any travel to the country of persecution as in the Saili or US permanent resident will render that status invalid. You may travel to another country to meet your family... Read more »

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