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Questions Answered by Min Hwan Ahn
3 Answers | Asked in Immigration Law for California on
Q: I'm an Irish citizen looking to marry a US citizen on my ESTA in the US. Can I do this legally and also stay in the US?

I do not want to wait for a K1 visa and would like to marry my partner on my ESTA within the US. Can I do this legally without upsetting the authorities and do I have to leave the US after or do I have a right to stay? Along with that, if I can stay how long should I expect to wait to get... View More

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 16, 2023

While it is possible to enter the United States under the Visa Waiver Program using an Electronic System for Travel Authorization (ESTA) and subsequently get married to a US citizen, the process of obtaining a green card through marriage can be complex and requires caution. It's important to... View More

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2 Answers | Asked in Immigration Law for North Carolina on
Q: If I let my DACA expire and then married a US citizen. What can I do to begin the process to a green card ?
Min Hwan Ahn
Min Hwan Ahn
answered on Feb 16, 2023

If you let your DACA (Deferred Action for Childhood Arrivals) expire and then marry a U.S. citizen, you may be eligible to apply for a green card based on your marriage. However, whether or not you can adjust your status to a green card within the United States may depend on how you entered the... View More

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3 Answers | Asked in Immigration Law on
Q: Hello, my Fiancee lives in Thailand. I am a US citizen. She wants to relocate to the US and aquire a green card. Options

I need a firm that will complete all the necessary paperwork and submit it to the Govt. Please give me an estimate of the time frame to complete this process and approximate time frame for her to be here in the US. Also please send your fees to complete this entire process.

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 16, 2023

A: Hello! The process for obtaining a green card for your fiancé(e) in Thailand typically involves several steps, including filing a petition and supporting documentation with the U.S. Citizenship and Immigration Services (USCIS), and attending an interview at a U.S. embassy or consulate.... View More

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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: I am taking a blood/urine test for immigration soon, and I was wondering if nicotine would be a problem as a minor.
Min Hwan Ahn
Min Hwan Ahn
answered on Feb 10, 2023

Typically, immigration medical exams include a blood test and a urine test to screen for certain medical conditions. The purpose of the tests is to ensure that applicants do not have any medical conditions that would make them inadmissible to the United States.

Nicotine is not a...
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2 Answers | Asked in Immigration Law for Texas on
Q: I would request any attorney to just check latest status of my PERM form 9089. My attorney is not responsive.Please help

I would request any attorney to just check latest status of my PERM form 9089. My attorney is not responsive. Please help.

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 10, 2023

You can check the status of your PERM form 9089 by using the iCERT Visa Portal System. The iCERT system provides information on the processing of labor certification applications filed on behalf of prospective employees. You can use the iCERT system to find out the status of your application,... View More

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2 Answers | Asked in Immigration Law for Minnesota on
Q: Do I need to change my job title on our website if I change the O-net description on my H-1B renewal?

Hi, I currently work as an economist under an H-1B immigrant visa. Economists fall under the O-net code 19-3011.00 on the department of labor's O-net code index. My H-1B, however, expires in June, and for the renewal application, I am changing the O-net code to 19-3099.00 which is for social... View More

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 10, 2023

If you are changing the O-Net code on your H-1B renewal application, it is not necessary to change your job title with your employer or on your company's website. The O-Net code is used by the Department of Labor to classify occupations and does not determine your job title. Your job title can... View More

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2 Answers | Asked in Immigration Law on
Q: if i fly alone as an egyptian minor to italy without a visa, can i get deported or do i get residence?
Min Hwan Ahn
Min Hwan Ahn
answered on Feb 10, 2023

As an Egyptian minor traveling alone to Italy without a visa, you may face difficulties and consequences, including the possibility of being refused entry or deported.

The rules for minors traveling alone vary by country, and it is important to check the specific requirements for Italy...
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2 Answers | Asked in Immigration Law on
Q: Asking for B1/B2 VISA

​Hello My name is Khaled, May you help me with my issue

I have a brother who holds American citizenship and lives in America. I applied for a b1/b2 visa and was rejected. It can be said that I was not ready for the interview. Can I apply again? I'm currently studying at a university... View More

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 10, 2023

Yes, you can reapply for a B1/B2 visa after being rejected. The U.S. Embassy or Consulate will consider each visa application on a case-by-case basis, and there is no guarantee that a subsequent application will be approved.

To increase your chances of being approved for a B1/B2 visa, it is...
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2 Answers | Asked in Immigration Law for Kansas on
Q: Is my F-1 status in danger?

Hi. I am on F-1 visa. I was investing in stocks and crypto last year and had noticed that I had more than 4 trades per week (around 15) on one or two occasions. However, for the rest of the year I maintained less than 4 trades per week. Does this mean my F-1 status is in danger?

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 10, 2023

As a student on an F-1 visa, you are generally allowed to engage in certain employment activities, including on-campus work, Curricular Practical Training (CPT), and Optional Practical Training (OPT). However, there are restrictions on the types of employment that you can engage in while on an F-1... View More

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3 Answers | Asked in Immigration Law on
Q: Can I get married to a USA citizen with an ESTA?

Hello,

I am a UK citizen, and I have known my boyfriend for more than a year, and we have discussed getting married so that we can live together in the USA after I graduate from university. I am in a situation where I told my parents about my relationship, and well, things didn't turn... View More

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 10, 2023

It is not possible to obtain a green card through the ESTA (Electronic System for Travel Authorization) program. The ESTA is a travel authorization for individuals who are seeking to enter the United States for tourism, business, or transit purposes, and it does not provide a path to permanent... View More

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2 Answers | Asked in Immigration Law for California on
Q: Green card

I heard that I can get a green card if I’ll apply to a governmental organization, the process is to move to another state for work for a duration of one year and you have to pay around $15000

I wana know if it is true or not, if true how ?

Thanks

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 10, 2023

It is not possible to obtain a green card through a process of working for a government organization or by moving to another state for work for a duration of one year and paying $15,000. This information is likely a scam and should not be trusted.

The process for obtaining a green card...
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2 Answers | Asked in Immigration Law on
Q: OPT conditions for a 1 year program

I am a student for a 1-year STEM Masters program in the US, which is set to start at the end of March.

I am yet to receive my visa and it looks like it will not be granted until May or June according to the consulate.

My college has allowed for online attendance, so I can attend... View More

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 10, 2023

If you are unable to obtain your F1 visa until July or August and will be attending your 1-year STEM Masters program remotely, it is possible that your eligibility for Optional Practical Training (OPT) may be impacted.

According to the regulations, you must be physically present in the...
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2 Answers | Asked in Immigration Law for New York on
Q: Can a school refuse to recommend you for OPT?

I have been a good student for a year and held valid F1 Visa

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 10, 2023

Yes, a school can refuse to recommend a student for Optional Practical Training (OPT). Although the school is not required to provide a reason for their decision, there are a number of reasons why a school might refuse to recommend a student for OPT. Some possible reasons include a low grade point... View More

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3 Answers | Asked in Immigration Law for Oregon on
Q: For USCIS, How do I satisfy the requirement to list traffic citations when I can't remember when they took place?

I'm having difficulty completing the USCIS Citizenship application. I'm required to give details of every time I've EVER been cited by a law enforcement officer.

I can only roughly remember the date I got a speeding ticket last summer. I've been cited 3 other times over... View More

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 10, 2023

If you are unable to remember the exact dates of your traffic citations, you can still provide the required information to USCIS. You may want to consider the following steps:

Contact the DMV: You can contact your state's Department of Motor Vehicles (DMV) to request a copy of your...
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3 Answers | Asked in Immigration Law on
Q: Can I get approved for advance parole without a humanitarian reason?

Hello,

My fiancée, who lives in Australia, is going to be coming to America on a K1 visa. Would we be able to get a I-131 approved for her to travel back to Australia so we can do a reception with all of her family? She will be applying while under adjustment of status. I have read... View More

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 5, 2023

if you get married to your US citizen fiancé as soon as possible after entering the US on a K-1 visa, and then concurrently file for the I-485, I-130, and I-131 applications, it is possible to be approved for Advance Parole. This will allow your fiancé to travel outside the US and back to... View More

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2 Answers | Asked in Immigration Law, Divorce and Family Law for California on
Q: Living in USA since 2017 on H-4. I recently got divorced and would like to know possibilities to continue living here.

Divorce was done earlier this month (and judgment has been filed). Will I be out of status immediately or is there a grace period ? If there is no grace period, is there a way I can appeal for extension of legal status ? Kindly let me know. I have a minor child (US citizen) that I have joint... View More

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 4, 2023

As a holder of an H-4 visa, your immigration status in the United States is tied to your spouse's H-1B visa status. Upon divorce, you may lose your immigration status and become out of status in the United States.

Marriage to a U.S. citizen is one option that could potentially lead to...
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2 Answers | Asked in Immigration Law for New Jersey on
Q: I130 FORM ask"Was the beneficiary EVER in the immigration proceedings"?

the immigration proceedings: include removal, exclusion/deportation, rescission and other judicial proceedings." Does political asylum belongs to those? should I answer YES or NO?

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 4, 2023

The "immigration proceedings" referred to in the I-130 form typically includes formal legal proceedings initiated by the government to remove a non-citizen from the United States, such as removal proceedings, exclusion proceedings, deportation proceedings, rescission proceedings, and... View More

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2 Answers | Asked in Immigration Law for Missouri on
Q: My green card got approved but I haven't received a physical card yet. Can I travel abroad without i131 in this case?
Min Hwan Ahn
Min Hwan Ahn
answered on Feb 4, 2023

As a holder of an approved green card, you have the right to live and work in the United States as a lawful permanent resident. However, it is important to have a physical green card in your possession, as it serves as proof of your status and can be required for various purposes, including... View More

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2 Answers | Asked in Small Claims, Employment Law and Immigration Law for Texas on
Q: What should I file my case as besides a debt claim, if able?

As an illegal immigrant - I was allowed to work at a company in which they paid me $4,000 as a check. I went to the bank and they said it was fake. I contacted my employer and he's given me death threats and threats on calling immigration on me. He denied giving me a fake check and has done... View More

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 4, 2023

If you have received a fake check and have evidence of the work you performed, it is important to take legal action to protect your rights. However, as an illegal immigrant, you may face additional challenges in seeking legal remedies.

You should contact the Department of Labor to report...
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: I filed an i130 for my French husband in March, still waiting wondering if there is anyway he can stay in the Us

We wanted to know if there is anyway he can stay in the US while this is pending. He travels back and forth for 3 months at a time but it’s becoming costly at this point. We are also planning our big family wedding in June since when we got married in jan of 2022 it was during Covid.

Min Hwan Ahn
Min Hwan Ahn
answered on Jan 30, 2023

Filing only the I-130 petition for your husband will not be enough for him to remain in the United States while the petition is pending. To allow him to stay, you must also file an I-485 application for adjustment of status.

If you are a U.S. citizen, filing the I-485 application for...
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