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Hawaii Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law, Employment Law and Tax Law for Hawaii on
Q: Is it ok, if a friend of mine sets up a Gofundme for legal fees and put me as the beneficiary? I am on a O1-B visa.

I am not concerned about the possibility of paying taxes, but if it won't be seen as something outside the scope of my employment. Thank you

James L. Arrasmith
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answered on Apr 5, 2024

As an O-1B visa holder, it's important to ensure that any financial assistance you receive does not violate the terms of your visa or create issues with your employment. Here are a few things to consider:

1. Purpose of the funds: If the legal fees are related to your employment or the...
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1 Answer | Asked in Immigration Law for Hawaii on
Q: Can Canadian citizens leave and return to the US if they are in the process of a visitor visa extension?

I am a Canadian citizen and have been in the US for just over 12 months. I have applied for a visitor visa extension before my 6 months expiration date and was given a biometrics interview, however, at the time my daughter's passport expired and we had COVID and we re-scheduled the... View More

Kevin L Dixler
Kevin L Dixler
answered on Oct 1, 2022

There is something odd about this situation. Usually those who file for an I-539 extension are not required to do biometrics. I sense that the wrong form was filed out, but more information is needed!

Canadians usually have a unique relationship with the U.S. The entry is often viewed as...
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1 Answer | Asked in Divorce and Immigration Law for Hawaii on
Q: My wife can't get a visa from the state department to return to me/USA. She is in the Philippines we need help advise,

We were married in Hawaii, she went back to her home and got stuck in the Philippines because of covid. Her visa was denied probably because I don't make enough money. I am on SSI. This has been a two year process and we only hear from visa agencies that we need to pay them a $1000.00 to get... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 27, 2022

If you are married to her, then you can apply for a spousal visa. If you do not make enough money to financially sponsor her, then you can enlist the aid of a joint financial sponsor. This can be anybody who is a green card holder or a US citizen state side, and if they make enough money, then your... View More

1 Answer | Asked in Immigration Law for Hawaii on
Q: Can I do multiple times stays one month and leave US for 5 month in same year and still qualify to apply for citizenship

Marry to a US citizen, currently holding a 2-year conditional green card and planning to apply for citizenship when the time comes. However, I need to do medical treatment outside of the US, and the treatment required about a year to recover. I don't want to re-start the time of being qualify... View More

Agnes Jury
Agnes Jury
answered on Apr 28, 2021

To qualify for citizenship, generally applicants must demonstrate they have continuously resided in the United States for at least 5 years before submitting Form N-400, Application for Naturalization. This means you must be residing exclusively in the United States – not in any other country.... View More

1 Answer | Asked in Criminal Law and Immigration Law for Hawaii on
Q: I am trying to apply for the N-400 Naturalization. A few questions have me confused.

Have you EVER been convicted of a crime or offense?

Have you EVER been placed in an alternative sentencing or a rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)?

Have you EVER received a suspended sentence, been... View More

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Apr 12, 2021

The convictions are convictions even though they were expunged. Make sure you have copies of the documents from the court, with a seal or stamp from the court to show they are the official records. It is useful to talk with an immigration lawyer before submitting. The American Immigration Lawyers... View More

1 Answer | Asked in Immigration Law for Hawaii on
Q: Can my husband move to Hawaii with me (from Toronto) even if we are soon-to-be separated? I am getting the work visa.

I would like to move my family to Hawaii. I am looking to purchase a company and would therefore qualify for a work visa. However, my husband and I are in the midst of separating. I would like to assist his move to the US and wondered if I should delay the separation or if we can still all move... View More

Kevin L Dixler
Kevin L Dixler
answered on Mar 4, 2021

More information is needed. Have your petition for an investor visa been approved? If not, it can take a significant amount of time for U.S. visa petition processing. Likely, much more time than Canada. Perhaps, more time then you and your husband wish to wait.

As a result, I strongly...
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1 Answer | Asked in Family Law and Immigration Law for Hawaii on
Q: My father abandoned me in India and is in usa for 15+ years and is a green card holder.what r my rights in usa?

he is not divorced with my mother.

has illegal marriages as well as children from two other women.

he does not support's us financially but is hawaii court claims that he is doing so.

I want to come to usa and get alimony for my mother .

what are our rights in... View More

Nareshwar Singh Virdi
Nareshwar Singh Virdi
answered on Feb 20, 2021

This sounds like a complicated situation. Please call my office at 916-378-0259 for further information.

1 Answer | Asked in Employment Law and Immigration Law for Hawaii on
Q: Filing unemployment but my I-551 card does not have exp. date, what should I put on the unemployment application?
Adan Vega
Adan Vega
answered on Apr 18, 2020

You are a permanent resident. If you lose your resident card or you are in possession of a resident card that is expired or a version that has no expiration date, you are and, in fact , remain a permanent resident until you voluntarily abandon that status or a judge rules that you are no longer a... View More

1 Answer | Asked in Immigration Law for Hawaii on
Q: Recommend a US sponsor letter for my friend in Venezuela with a B2 visa to have their I94 approved for 6 months?

Concern that she won’t be approved to stay given the nature of Venezuela at the moment

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Feb 12, 2020

It wouldn’t hurt; however, the burden is on your friend to show that they will return to Venezuela and the end of their visit.

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Hawaii on
Q: My brother was deported to the Philippines due to criminal activity. Can he come to Hawaii for our older brother funeral

Youngest brother was not a U.S. citizen and he was in a Federal Prison for less than a year prior to his deportation.

Gary Kollin
Gary Kollin
answered on Sep 26, 2019

He would need permission from the federal government. You can apply

1 Answer | Asked in Immigration Law for Hawaii on
Q: I, us citizen in Hawaii, and my spanish partner are tobe married. How soon can she move to us and what do we need todo?

We would like to know what her pathway to residency and work in Hawaii will look like once we are married, and how long the processes will take. I've heard that unique laws exist for this circumstance in HI.

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 1, 2019

If you are a US citizen, then you can sponsor your fiance for a K1 visa and then when she enters Hawaii, you must marry within 90 days, after which she can adjust status to obtain her LPR. A lawyer should be retained to handle the case and said lawyer can be anywhere in the USA. Counsel begins the... View More

1 Answer | Asked in Immigration Law for Hawaii on
Q: Me and my foreign wife go to a green card interview next month. However, I was recently charged with a misdemeanor of

domestic battery and the charges were dropped by a judge. (me and my wife got into a drunken shoving match) Does my wife and I have to report this to the immigration office?

Kyndra L Mulder
Kyndra L Mulder
answered on May 20, 2019

Yes. You need to report it and provide a complete certified copy of the record from the original arrest report to the final disposition. If the case was dropped in exchange for a plea and/or any program..... it is considered a guilty charge by the USCIS. It is also a crime of violence and a... View More

1 Answer | Asked in Immigration Law for Hawaii on
Q: How to handle request for evidence ( tax transcripts ) knowing that I cannot make the deadline ? I may need 2 months.

I filed federal taxes a week prior to the interview and had copies of my returns at the interview, but wasn't asked to show them. At the end I was told I will get a notice in the mail about what to submit. I received a letter a few days later asking for federal tax transcripts and state taxes... View More

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Feb 1, 2019

All you can do is send in what you have and ask for an extension. You could speak with an immigration to handle the response, but there's not anything else he/she could do.

1 Answer | Asked in Immigration Law for Hawaii on
Q: How do I provide divorce document when I was never married to my child biological father? USCIS requires it for N-600.

Filed the N-600 for daughter after receiving citizenship. Philippines records shows one marriage to current husband. USCIS is requesting for divorce paper but was never married to daughters Biological father. Daughter was born in Kuwait, which has strict law in live births. Parents must be married... View More

Carl Shusterman
Carl Shusterman
answered on Jun 20, 2018

You need to file an affidavit explaining this discrepancy. Better yet, show the paperwork to an experienced immigration attorney before doing anything.

1 Answer | Asked in Immigration Law for Hawaii on
Q: My husbands visa interview is at the end of this month but his case is in transferring process, does he still attends?

His case is in the process of transferring from Lagos embassy to Seoul embassy where he currently resides . Being that we have not heard back from Seoul embassy yet if they had received his case from Lagos, does he continue to get his medical exams and attend his visa interview in Lagos?

Carl Shusterman
Carl Shusterman
answered on Jun 18, 2018

Confusing question. If his case is being transferred to Seoul, why does he have a visa interview in Lagos? If he does, I recommend that he attend the interview.

1 Answer | Asked in Immigration Law for Hawaii on
Q: My fiance isnt in school so his visa is getting pulled we get married in 6months is there a way for him stay til then?
Carl Shusterman
Carl Shusterman
answered on Jun 16, 2018

You may want to consider getting married now so you could sponsor him for a green card right away.

2 Answers | Asked in Immigration Law for Hawaii on
Q: What kind of visa will my friend need if he is planning to come here and do business?
Carl Shusterman
Carl Shusterman
answered on May 4, 2018

If he is from a country which has a treaty of commerce and navigation with the US, he may be eligible for an E-2 treaty investor visa.

E2 visa - Treaty Investors

Owner or Developer of the new enterprise from a treaty country that has 50% or more ownership in a substantial US...
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1 Answer | Asked in Immigration Law for Hawaii on
Q: I lost my Permanent Resident Card. Can i apply for US Citizenship without it or Do i need to replace it first? Thanks...
Carl Shusterman
Carl Shusterman
answered on Apr 27, 2018

You need to file a form I-90 to replace your green card before you apply for naturalization.

1 Answer | Asked in Immigration Law for Hawaii on
Q: Was out of status. Case dismissed, gr card based on marriage. Applying for citizenship. Need court docs w/application?

Application for citizenship requirement is to provide a court certified copy of the complete arrest record and disposition. Do I need to provide those documents if was in immigration proceedings? or it applies only for the courts other then immigration, like criminal and etc.

Carl Shusterman
Carl Shusterman
answered on Apr 27, 2018

Yes, you need to send a certified copy of your record of conviction along with your N-400 application for naturalization.

1 Answer | Asked in Immigration Law for Hawaii on
Q: My husband is getting an annulment in the process of my green card, I am already inside the us. what are my options?

I am from France and came in the us with a tourist visa in December 2016. I married an us citizen before my visa expired and started the green card process. Now My husband wants to separate and get an annulment. I am now waiting for my immigration interview. What are my options to stay here?

Carl Shusterman
Carl Shusterman
answered on May 8, 2018

Impossible to answer your question without knowing more about you. Schedule a legal consultation with an experienced immigration lawyer.

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