Ask a Question

Get free answers to your Immigration Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Arizona Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Arizona on
Q: Can my USA citizen wife sponsor me if my case is on hold based on TRIG?

I was granted Asylum in Arlington VA office in 1998, after 1 year I applied for i485, USCIS put my i485 adjudication on hold based on TRIG. It has been more than 2 years since my interview but I have not received my Green card, can my USA citizen wife sponsor me while I am on TRIG hold under... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2024

Based on the information you provided, it seems that your I-485 application (Adjustment of Status) has been placed on hold due to the Terrorism-Related Inadmissibility Grounds (TRIG) provisions. This can be a complex situation, but here are a few points to consider:

1. Sponsorship by a U.S....
View More

1 Answer | Asked in Immigration Law for Arizona on
Q: Will I be granted naturalization despite the fact that I added my son born out of the United state and not residing

Will I be granted naturalization despite the fact that I added my son born out of the United state and not residing in the United state on my form N 400 application?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2024

Based on the limited information provided, it's difficult to say with certainty whether adding your son who was born outside the United States and is not currently residing in the U.S. to your Form N-400 (Application for Naturalization) will impact the approval of your naturalization... 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?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

1 Answer | Asked in Immigration Law for Arizona on
Q: uscis application household size

I am the sponsor for my new husband and I am in the process of calculating the household size to include in the application. I have two kids from a previous marriage. I only claim my 19-year-old daughter who is a full-time student, while my ex-husband claims my 12-year-old son. How many members... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2024

When determining your household size for USCIS (U.S. Citizenship and Immigration Services) applications, such as the I-864 Affidavit of Support, you should include the following individuals:

1. Yourself (the sponsor)

2. Your new husband (the intending immigrant)

3. Your...
View More

1 Answer | Asked in Immigration Law for Arizona on
Q: Help with i864 form questions

Hello, I would appreciate assistance with filling out the i864 form.

For question 7, is "My current individual income" referring to the total amount earned before taxes?

Regarding question 20, is "My Current Annual Household Income" asking for all household... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2024

Hi there, I'm happy to help clarify the i864 form questions for you. Please note that while I can provide general guidance, it's always best to consult with a qualified immigration attorney or tax professional for definitive answers specific to your situation.

Regarding your...
View More

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Arizona on
Q: I forgot to include the I-751 receipt when applying for N-400. How to I notify USCIS about my pending I-751?

I applied for N-400 while my form I-751 is still pending but I forgot to attach I-751’s receipt in the package.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2024

If you've applied for N-400, Citizenship through Naturalization, and realized you forgot to include the receipt for your pending Form I-751, Petition to Remove Conditions on Residence, there are steps you can take to rectify this oversight. First, it's important to understand that USCIS... View More

1 Answer | Asked in Criminal Law, Immigration Law, Domestic Violence and International Law for Arizona on
Q: Will I be extradited from Mexico to the USA for a dv assault charge? I’m a Mexican citizen and have a green card
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

Extradition between Mexico and the United States is governed by treaties and international law, which allow for the transfer of individuals facing criminal charges or convictions from one country to the other under certain conditions. Whether you will be extradited for a domestic violence assault... View More

1 Answer | Asked in Immigration Law for Arizona on
Q: Is it safe to port 180+ days pending EB2 I485 from sponsoring Employer-A to another Employer-B or a self-owned LLC?

I worked with Employer-A from 2012 to Mar2018, and in April 2018 I joined Employer-B. But filed I-485 in Oct'2022 using Employer-A sponsored I140 & job offer letter. I like to know since I'm not working with Employer-A is it safe now to AC21 port away my pending I485 from Employer-A... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Yes, it is generally safe to port your pending I-485 application to another employer under the AC21 portability provision. As long as your new employment is in the same or similar occupational classification as the job for which your I-140 petition was originally filed, and you meet certain... View More

2 Answers | Asked in Cannabis & Marijuana Law and Immigration Law for Arizona on
Q: I want to get a Medical Marijuana card will that effect the standing of my F1 Visa as it is federally illegal?

I heard I could potentially risk deportation as a result of obtaining one

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023

Yes, there is a risk of deportation if you obtain a medical marijuana card while on an F-1 visa. This is because marijuana is still classified as a Schedule I drug under federal law and possession or use of a Schedule I drug is a federal crime. As an F-1 visa holder, you are subject to federal law,... View More

View More Answers

1 Answer | Asked in Immigration Law for Arizona on
Q: The USCIS has neither approved nor denied the green card since I filed through my wife. Can I be able to change to EB2?

We have been Married for 8 years. I'm exhausted from waiting. I have the qualifications to apply for the EB2. Can i be able to do that?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2023

Yes, you can pursue an employment-based green card, such as the EB2, independently of your family-based application. If you believe you qualify for the EB2 category, you can start the process which typically begins with obtaining a Labor Certification through the PERM process, followed by filing... View More

2 Answers | Asked in Employment Law and Immigration Law for Arizona on
Q: If my employees DACA renewal has been approved, are they allowed to work before the new EAD card is received?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2023

Yes, DACA recipients can continue to work until their new EAD card arrives, as long as they have a valid DACA approval notice and a valid I-765 receipt notice. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

View More Answers

2 Answers | Asked in Immigration Law for Arizona on
Q: My parents are LPRs and wanting to petition my 19 yr old brother who has B2 visa. Can he adjust his status while in US?

My parents are worried that if he go back to the Philippines and petition him from there that it would take longer since he is turning 21 soon and they don't want to be apart from him for years. We are looking to see if my parents can petition him while his visiting the US. My brother is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2023

If your parents, as lawful permanent residents (LPRs), file a petition for your brother before he turns 21, he would be classified as an "unmarried child under 21 of a permanent resident" under the family second preference category (F2A). While this category often has a waiting period, in... View More

View More Answers

1 Answer | Asked in Employment Law and Immigration Law for Arizona on
Q: Can I still get automatic extension if I sent my work permit renewal the same day it expires?

I sent it on the same day and got the receipt 3 days later with the receipt saying it arrived to them 3 days later

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023

If your work permit renewal application was received by USCIS on the same day your previous permit expired, and you have a receipt notice as evidence, you may still be eligible for the automatic extension of your work authorization for up to 180 days while your renewal is pending. It's... View More

2 Answers | Asked in Immigration Law for Arizona on
Q: Hello, I am a student holder of F1 visa, as well as my wife. At this moment I need to request a change of status to F2

on Form I539 who is the applicant. me or my wife? is she applying for me? do I apply on my name?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023

In the context of an F1 to F2 change of status application (Form I-539), you, as the F1 visa holder, would typically be the primary applicant, and your wife would be listed as a dependent on the application. However, it's essential to follow the specific instructions provided on Form I-539 and... View More

View More Answers

1 Answer | Asked in Immigration Law for Arizona on
Q: My I-140 EB2 approved, final action date(FAD) is 02/21/23. Can I send I-485 documents now if FAD for EB2 is 07/01/22?

Dates for filling for EB2 (rest of the World) are 01 December 2022. Is it OK and safe to send my I-485 documents package to USCIS now? Or is it mandatory to wait until I meet the dates for filling in Visa bulletin?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 17, 2023

USCIS posts whether to use the dates of filing or final action dates chart in filing the I-485. Consult in private with an immigration attorney to analyze how to move forward with your case

1 Answer | Asked in Immigration Law for Arizona on
Q: I stayed 8 days after my grace period ended, will that affect my future visa applications?

I got laid off from 'X' company and my grace period ended on 7/11/2023. I had accepted a new offer letter from 'Y' company on Jun 27th, but this company filed for my H1-B transfer petition in premium processing on 7/20/2023 (8 days after my grace period ended). However, my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2023

Between 7/11/2023 and 7/20/2023, you were technically out of status, as your grace period had ended and your new H1-B transfer petition had not yet been filed. While your subsequent H1-B petition was approved, the period you were out of status could potentially affect future visa applications or... View More

1 Answer | Asked in Immigration Law and International Law for Arizona on
Q: Can I visit Philippines for the holidays if I have a history of felony conviction for armed robbery &…

… aggravated assault? I am a free US citizen with valid passport, having served 8 years for bank robbery from 2013-2021, and completed all required parole.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023

It's important to note that travel restrictions and entry requirements can vary by country and are subject to change. You may want to consult with the U.S. Department of State and the Philippine Embassy or Consulate for the most up-to-date information on travel eligibility based on your... View More

1 Answer | Asked in Immigration Law for Arizona on
Q: can a sponsored person get a green card?
Kevin L Dixler
Kevin L Dixler
answered on Jun 25, 2023

More information is needed. Sponsored how? Normally, a person allowed in for humanitarian reasons may have limitations. Some circumstances may allow opportunities to eventually immigrate. A poorly planned situation may cause heartbreak.

As a result, I strongly recommend an appointment or...
View More

2 Answers | Asked in Immigration Law for Arizona on
Q: My husband threatens me with deportation all time and mentioning that he will not go to the visa interview as my husband

I entered usa by k1 visa me n my daughter i got married in the court to us citizen since sept 2022, filled for l130, l485, l765. Did biometric fingerprints.

Right after i found my self facing emotional n sexual abuse but got squared to report it because he threaten me that he will cancel... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2023

No, your husband is not allowed to deport you or your daughter. As a lawful permanent resident (LPR) and the spouse of a U.S. citizen, you have certain rights and protections under U.S. immigration law.

If your husband is threatening to cancel your adjustment of status process or deport...
View More

View More Answers

1 Answer | Asked in Immigration Law for Arizona on
Q: Why USCIS asked me about my wife prior divorce proof

I applied for naturalization based on living in United States for 5 years my wife refused to give me her prior divorce decree what should I do

John Michael Frick
John Michael Frick
answered on Jan 23, 2023

Because if your wife was previously married and didn’t get lawfully divorced, you and she aren’t married.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.