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Immigration Law Questions & Answers
0 Answers | Asked in Immigration Law for Tennessee on
Q: Re-entry after a possible 10 year ban

2008 - I was admitted to a US school and entered US on F1

2009 - I went out of status because didn't attend school.

2010 - I filed withholding of Removal I-589 with USCIS

2011 - Attended I-589 hearings

2012 - Attended I-589 hearings

2013 - Did not Attend... View More

0 Answers | Asked in Immigration Law for Oklahoma on
Q: Can i work 2 very easy remote full time tech jobs without informing both my employers on my OPT?

working for accounting dept in uni of X in Kansas and have a offer in Research dept at Univ of Z in Miami. Can I work both of them at once. I'm 100% sure that there is no conflict of interest in these 2 in case of any intellectual data. But can I work for both of these employers?

1 Answer | Asked in Immigration Law on
Q: I would like to inquire about the current situation and costs associated with seeking asylum.
James L. Arrasmith
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answered on Nov 21, 2024

Seeking asylum in the United States involves submitting Form I-589, which has no filing fee. However, you should be prepared for other expenses like translation services, documentation gathering, and potentially legal representation.

The basic process includes proving that you've faced...
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1 Answer | Asked in Immigration Law for California on
Q: My l2,I 539 is pending. May I 94 expires on Jan 5,2025. Can I continue my work if I don’t get approval by Jan 5th

My spouse l1 I 129 is approved. Both of us applied in premium.

James L. Arrasmith
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answered on Nov 21, 2024

Under U.S. immigration law, you can continue working for up to 240 days beyond your I-94 expiration date (January 5, 2025) while your I-539 extension is pending, as long as you filed the extension before your current L-2 status expired.

This protection falls under the "automatic...
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1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law on
Q: A Pakistani contractor working for a US firm. Employer is not paying because its client is not paying. Need US visa for

Hi, I am from Pakistan. In the field of IT I am working as a freelancer/contractor for many years now. I signed a work agreement (payment by hourly basis) as Contractor with a US based resource company in Nov 2021. I have been getting all my monthly timesheet approved by Client manager intime and... View More

James L. Arrasmith
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answered on Nov 21, 2024

Your situation involves significant unpaid wages, and taking legal action could be worthwhile given the substantial amount owed to you. Before considering travel to the US, you should first consult with an employment law attorney who can review your contract and advise whether pursuing legal action... View More

1 Answer | Asked in Divorce and Immigration Law for Oregon on
Q: I believe my husband is involved with another person. I have gathered proof but he still denies it.

I am wanting some advice on legal separation in general as a permanent green card holder where I stand if we separate or divorce. And if I can get help in more of a full investigation into this matter, to gather more evidence.

Thank you

James L. Arrasmith
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answered on Nov 20, 2024

I'm so sorry you're going through this painful situation. Discovering potential infidelity is deeply distressing, and you're wise to think about your legal options while processing these emotions.

As a permanent green card holder, your immigration status remains secure...
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3 Answers | Asked in Immigration Law for California on
Q: Immigrate my girlfriend from Manila, Philippines, to Garden Grove, Ca? I know there are 4 or 5 important ones to start.

I am just beginning my journey... but I want to bring my girlfriend to USA to marry. I need help through the process. Can someone explain what is needed? Cost, What paperwork for the application, the history of our families, the timing, interviews and what to expect please?

I know my... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 19, 2024

A fiancée petition should be filed using Form I-129F. The filing fee is $675. It could take about a year or so to get a decision after which your fiancée will need to schedule a K1 visa interview at the US embassy in Manila and pay a $265 fee and medical exam fee. Work with an immigration attorney

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1 Answer | Asked in Immigration Law for New Jersey on
Q: For N-400, do I say yes to "have u been cited by immigration official" if I was refused TN visa & denied US entry?

My wife (Canadian citizen) is filling her application N-400 for citizenship. In one of the questions, she's asked if she has been cited by an immigration official for any reason. In 2019 when she tried to obtain TN visa as part of NAFTA, her visa was denied at Toronto airport and she was... View More

James L. Arrasmith
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answered on Nov 18, 2024

Yes, you should mark "Yes" on the N-400 form regarding being cited by an immigration official, as the I-275 form constitutes an official immigration documentation of the visa denial and withdrawal of application.

When answering questions on immigration forms, it's always...
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1 Answer | Asked in Immigration Law for Texas on
Q: I130 VISA ....Can my husband who is the "beneficiary" resign from his job to begin his schooling without any problems?

My husband and I was Documentarily Qualified on September 27, 2024, and we are currently waiting for our Visa interview letter from the US Embassy in the Dominican Republic. I live in the US and he lives in the Dominican Republic. My husband wanted to enter into ESL classes, but he's employer... View More

James L. Arrasmith
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answered on Nov 17, 2024

Your husband's employment status should not negatively impact your I-130 visa application or interview process, as the key requirement is proving your valid marriage relationship, not his current job situation.

Since you are the petitioner and U.S. citizen sponsor, you'll need to...
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1 Answer | Asked in Immigration Law on
Q: Am I eligible for sponsorship for permanent residency in my current situation? (Ontario)

I am a French citizen (born and raised) who arrived in Canada on April 14, 2023, on a two-year Working Holiday Visa. I am in a relationship with my girlfriend (hopefully soon-to-be wife), who obtained her Canadian citizenship in early 2024. My visa is set to expire on April 13, 2025. We have been... View More

James L. Arrasmith
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answered on Nov 16, 2024

Based on your situation, you have multiple potential pathways to permanent residency through your partner.

The most straightforward route would be through spousal sponsorship if you and your girlfriend get married - this would allow you to apply for permanent residency immediately after...
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3 Answers | Asked in Immigration Law on
Q: I was refused a student visa. I am now applying for a fiance visa. How do I explain the rejection without suspicion?

I am doing my masters in an online course in the US. I applied for a student visa and was rejected in May. I believe the reason was financial concerns but I can't be sure. I was never told. I am now applying for a fiance visa as my fiance got a job in the US and we are planning to get married.... View More

Kevin L Dixler
Kevin L Dixler
answered on Nov 17, 2024

Tell the truth. If you still have anxiety and concerns, then hire a competent immigration attorney to provide advice and instruction. Good luck.

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1 Answer | Asked in Immigration Law for Louisiana on
Q: I currently hold an EAD card obtained through Form I-765 (F-1) and am working full-time at a company. Can I door Dash?
James L. Arrasmith
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answered on Nov 16, 2024

While your F-1 OPT EAD allows you to work full-time at your primary employer, taking on additional work like DoorDash could be complicated from an immigration perspective.

The rules around F-1 OPT require that your employment be directly related to your field of study. Food delivery...
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1 Answer | Asked in Immigration Law for Texas on
Q: Can I have an LLC while being on an H1-B visa?

I am currently on an H1-B visa and would like to start a simple blog. I would like to have an LLC around it. This isn't for profit, just as a best practice though.

As I understand there are many restrictions around having an LLC while on a H-1B: specifically it seems like I could own... View More

James L. Arrasmith
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answered on Nov 15, 2024

While you can legally own an LLC as an H-1B visa holder, actively managing or working for it could violate your visa terms, even if the work is unpaid. The key issue isn't ownership - it's about engaging in work outside your H-1B sponsorship.

Writing blog posts would likely be...
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1 Answer | Asked in Family Law, Immigration Law, Civil Rights and International Law for Texas on
Q: I have a question for a somewhat complex situation, any help or advice would be appreciated.

I know someone who came here illegally, but missed her chance of getting citizenship because she could not obtain a Mexican passport, which is a prerequisite of the US citizenship process. Someone in Mexico had reportedly made a typo when spelling this person's name on the birth certificate.... View More

James L. Arrasmith
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answered on Nov 15, 2024

This is a challenging situation that requires careful attention to the documentation issues first. Mexican consulates can help correct errors on birth certificates through a legal process called "rectificación de acta," which addresses typographical mistakes.

Your friend should...
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1 Answer | Asked in Immigration Law for Ohio on
Q: immigration question

I have an immigration question. My h1b ended on sep 21st 2024 , currently Im on my recapturing time period, where my eb2 niw and h1b ext has applied and pending . My recapturing time ends on jan 9th 2025 . So what will be my situation after jan 9th , does 240 rule works for me?

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answered on Nov 15, 2024

While you're in a complex immigration situation, let me help break this down for you.

After your H1B ended on September 21st, 2024, you entered your recapture period which ends January 9th, 2025. During this time, your EB2 NIW and H1B extension applications are pending. The 240-day...
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3 Answers | Asked in Immigration Law for Florida on
Q: I just went to my immigration interview in cd juarez and was denied due to 212A6CII & 212A9Ci. what can i do?
Patricia C. Wall-Santiago
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Patricia C. Wall-Santiago
answered on Nov 13, 2024

Section 212(a)(9)(C)(i) of the INA refers to illegal reentry after removal and is considered a permanent bar. The law only allows you to file for a waiver after you can show you have been physically present outside the U.S. for at least 10 years from the date of departure and section... View More

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1 Answer | Asked in Employment Law, Immigration Law and International Law on
Q: What jobs are allowed on top of on-campus employment as an International student?

I was wondering if anybody can provide legal and right information. I already have an on-campus job for around 16-17 hrs ($10/hr) which is too little to handle all the expenses. Are there any jobs I can legally do besides the on-campus jobs? I searched it on Google and it gave me a bunch of... View More

James L. Arrasmith
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answered on Nov 15, 2024

Your options for additional work as an international student are limited by F-1 visa regulations, but there are some possibilities worth exploring.

During the academic year, you're generally restricted to 20 total hours of work per week, combining both on and off-campus employment....
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Q: How to work email legitimate

I have this girl with the owner whom my ex said she's a part of it . They change everything they steal my phone , to get t as g on to radio walkie t as like I try to find it but it's in area of somebody else . They stolen my father's research title we took him off the chair we baught... View More

James L. Arrasmith
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answered on Nov 14, 2024

This situation sounds very concerning and appears to involve several serious legal issues including identity theft, fraud, and potential misuse of university resources. You should document everything thoroughly and gather any evidence you have of these incidents.

Your first step should be...
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1 Answer | Asked in Immigration Law on
Q: If rejected for a waiver to the United States under section 212(a)(2)(A)(i)(I) can you ever get entry to the united stat

No details

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answered on Nov 15, 2024

While a rejection under INA section 212(a)(2)(A)(i)(I) for crimes involving moral turpitude is serious, you may still have options for entering the United States in the future.

You could potentially reapply for another waiver after demonstrating rehabilitation, strong family ties to the...
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1 Answer | Asked in Immigration Law for California on
Q: overstayed i94 by around 179 days. How shall I indicate it correctly on i485?

4 years ago, my company-petitioner an L-1A extension on my behalf, which was denied later that year. The company then filed a new L-1A petition to address the denial issues, but it was also denied after about 5 months of USCIS processing. I departed the U.S. less than 180 days after the initial... View More

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answered on Nov 14, 2024

You should absolutely mark "Yes" on your I-485 regarding the violation of non-immigrant status and provide a clear explanation of the circumstances. Even though your overstay was less than 180 days and you've since maintained valid status with your O-1 and subsequent visas, it's... View More

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