Lawyers, Answer Questions  & Get Points Log In
Immigration Law Questions & Answers
0 Answers | Asked in Gov & Administrative Law, Government Contracts and Immigration Law for California on
Q: Can I work with a company with government projects on a pending 485 status and EAD card?

My Green card application is pending and I have a valid EAD card. Recently I was interviewed by a company that handles government projects. Can that company hire me with my current status?

1 Answer | Asked in Child Custody and Immigration Law for Texas on
Q: Can an illegal that was deported, illegally returned (Texas), have his same custody agreement before being picked up?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2023

The original custody agreement would not automatically reinstate if someone is deported and then returns illegally. The court may reassess the custody agreement, especially considering the criminal nature of illegal re-entry.

0 Answers | Asked in Immigration Law and Employment Law for New York on
Q: Can I register and operate businesses with a G4 visa?

Hi All,

I’m currently in NYC with a G4 visa, employed by an international organization. I’ve spotted some business opportunities I’d like to pursue and have the green light from my organization’s Ethics Office. However, I’m unsure if my visa status allows for registering and... View More

0 Answers | Asked in Immigration Law for Georgia on
Q: Is it possible for someone with a pending asylum case to bring their mom from Nigeria to the U.S.A?

What are the odds of her b1/b2 visa since the son also came on B1/B2 visa before filing asylum? The plan is for her to come and meet her grandchildren for the first time and help with the birth of a new one and not to stay permanently.

1 Answer | Asked in Immigration Law for California on
Q: Can we sponsor a family of 6 without losing section 8 or other government benefits services? Or affecting us in any way?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2023

In California, if you sponsor an immigrant family through an Affidavit of Support, you're financially responsible for them until they become U.S. citizens or gain 40 work quarters, typically 10 years. This commitment could impact eligibility for means-tested public benefits, including Section... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: I had a insurance fraud case 17 years ago, Can I apply for the citizenship?
Monica E Rottermann
Monica E Rottermann
answered on Sep 29, 2023

Perhaps, but it is also possible that the conviction renders you deportable from the United States and applying for citizenship would be a bad idea. Depending on the date that you were admitted as a lawful permanent resident, the date of the conviction, and the rest of your complete criminal... View More

2 Answers | Asked in Immigration Law for California on
Q: What is the documentation process to send back an RFE response from USCIS regarding Green Card application?

I am a US Citizen and I started my Wife's green card process in early 2022. During the USCIS interview in June 2023, the interviewer was extremely helpful/cordial and pointed out that there were some issues with some paperwork that should have been caught by our lawyer. Fair to say, we have... 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 28, 2023

In this situation, you can respond to the USCIS Request for Evidence (RFE) directly without your lawyer's assistance. Carefully review the RFE letter for specific instructions and requirements. Ensure that you provide all requested documents, accurately complete any forms or statements, and... View More

View More Answers

0 Answers | Asked in Immigration Law for Massachusetts on
Q: Can I get a fiancé visa with a domestic and not enough income?

I can get my mom to co sponsor or her aunt who lives in America as far finances go I only get ssi. But for my criminal record I was charged with sexual assault and domestic. My ex told the police I slapped her and pressured her into sex when she didn’t want. This was 10 years ago. I pleaded... View More

0 Answers | Asked in Immigration Law for Nevada on
Q: I came to us last year through esta i married my us citizen girlfriend then left the us.Can i comeback for another visit

I came to us through esta i married my us citizen girlfriend then left the US. 6 months later we decided to file i130. Can i comeback for another visit without any intention to stay?

0 Answers | Asked in Immigration Law for Washington on
Q: Employer change do I have to get my Visa stamped again?

I'm on an H1B visa and I have my previous employer's name on my Visa stamping. I changed employer a year ago and I have a new i-797 with the new employer name. My Wife is on H4 Visa and she also has my old employer's name on the Visa stamping. We are traveling to India. Should go for... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I'd like to consult on transferring my L1B visa to a new employer. What's the process, potential challenges, documents.

I am currently on an L1B visa sponsored by 'Tata Consultancy Services' and I am considering a job change. I would like to seek your professional advice regarding the process of transferring my L1B visa to the new employer.

specifically, I have questions regarding the potential... View More

Daniel Martin Hartzman,
PREMIUM
Daniel Martin Hartzman,
answered on Sep 27, 2023

You would not be able to transfer an L-1B visa to a new employer. You would have to have your new employer file for a different type of work visa.

1 Answer | Asked in Criminal Law and Immigration Law for Georgia on
Q: The charge is “Theft of Property 4th (general)”. Currently on F1 visa. Will this effect when I apply for OPT?

I am a student on F1 visa. Charged for Theft of Property 4th (general). I went to turn myself in and came out in 15 minutes with a bond. They took fingerprints and mugshots. The case was dismissed and expunged. Will this effect when I apply for OPT after my graduation?

Hassan Hussein Elkhalil
Hassan Hussein Elkhalil
answered on Sep 27, 2023

Hello,

If the case is dismissed, as you stated, the charge should not affect your ability to apply for OPT.

Good luck

1 Answer | Asked in Immigration Law and Criminal Law for Michigan on
Q: Can a assault and battery charge for trying to kiss can prevent you from being US citizen?

My friend is greencard holder and at a party he tried to kiss a girl, the girl was fine at that time and didn’t say anything but now he is being charged with assault and battery. His lawyer doesn’t seem like is of help and almost seem like he wants my friend to get in trouble. Can this charge... View More

Brent T. Geers
Brent T. Geers
answered on Sep 27, 2023

Possibly. The question your friend's lawyer is concerned with is whether an assault happened; he or she is not trying to get him in more trouble than he's already in, but must deal with and confront your friend with the facts that may come out at trial.

That lawyer, that judge,...
View More

1 Answer | Asked in Immigration Law for Texas on
Q: Apply for citizenship

If you have been convicted of a theft felony paid restitution and changed it to misdemeanor can you get us citizenship? To be exact it was embezellement no violence but I paid everything back

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 26, 2023

A felony conviction with elements of fraud, still triggers, an analysis for the crime of moral turpitude, therefore a person may be in eligible for naturalization if that crime happened within the past five years. Also, a person may be permanently in eligible, and then admissible with that... View More

2 Answers | Asked in Immigration Law for California on
Q: Hi. I am on TN visa with an employer who pays me under w2 as a physical therapist. I wanted to get another tn visa for

Home health physical therapy but they only offer it under 1099 and in California I would need to make an LLC. Am I allowed? It would just be to get paid from the company that hired me.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 26, 2023

In California, you'd typically need a separate TN visa for each employer. Working as a 1099 contractor could complicate your TN visa status, as it may not meet the "bona fide employer-employee relationship" requirement. Owning an LLC while on a TN visa is possible, but actively... View More

View More Answers

1 Answer | Asked in Immigration Law for Illinois on
Q: I was denied DACA because of a DUI conviction in the state of Illinois. What are my options now?

What can I do to get a work authorization card or adjustment of status?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 26, 2023

If you were denied DACA (Deferred Action for Childhood Arrivals) due to a DUI conviction in Illinois, your options may be limited. DUI convictions are generally considered significant misdemeanors under DACA guidelines, which could disqualify you. You might consider seeking a post-conviction relief... View More

1 Answer | 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

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 26, 2023

The Oct 2023 visa bulletin shows a Sep 21, 2023 cutoff date for the F2A category - Philippines. I suggest you contact directly and work in private with an immigration attorney

1 Answer | Asked in Family Law and Immigration Law for California on
Q: I have Daca but had some issues with child services and now they want to offer housing assistance can that effect daca?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2023

Under California law, receiving housing assistance should generally not affect your DACA (Deferred Action for Childhood Arrivals) status. DACA eligibility is primarily related to immigration status and certain criminal convictions, not typically tied to receiving public benefits such as housing... View More

1 Answer | Asked in Immigration Law for Indiana on
Q: Remove conditions on greencard

Do I have to be married for 2 years at the time I get my greencard or do I have to be married for 2 years at the time I apply for the green card to not have to deal with having to remove conditions?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 25, 2023

If you immigrated to the United States as a spouse of a U.S. citizen before the second anniversary of your marriage, you get a conditional green card

1 Answer | Asked in Immigration Law for California on
Q: We are permanent residents of Mexico. We adopted(no hague) kids from here and want to immigrate them.Need to know how

Permanent Mexico residents - adopted without Hague convention. Adopted in 2020. Now we want to return to the US but we need to know how to immigrate them. US Consolate says we can’t get US birth certs or passports because we have to immigrate them. We have Mexico birth certificates with our... 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 25, 2023

Under U.S. federal immigration law, to immigrate your adopted children, you must file an I-130, Petition for Alien Relative, on their behalf. Given that the adoption was not completed under the Hague Convention, you would need to meet certain requirements, including demonstrating that the children... View More

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.