Get free answers to your Immigration Law legal questions from lawyers in your area.
Your current state is Virginia
I am applying for an F41 visa and would like to know if it's possible to expedite the process due to the recent passing of my husband. I have not yet communicated with any immigration authorities about this situation. Can I request expedited processing under these circumstances, and what steps... View More
I am concerned about my daughter's mother obtaining a passport for our daughter to travel to Mexico. We both have custody, but I have not agreed to my daughter traveling with her mother's new mother-in-law without my presence. Does my daughter's mother need to provide notarized... View More

answered on Jun 23, 2025
If you and your daughter’s mother share joint legal custody, then she cannot unilaterally obtain a passport for your daughter without your written consent. Federal law requires both parents’ authorization unless one has sole legal custody or a court order permitting passport issuance.... View More
I'm filling out form I-539 to extend my wife's H4 visa. We are confused about how to answer the question about employment: "Have you EVER been employed in the United States since last admitted or granted an extension or change of status?" My wife was last admitted to the U.S. on... View More
During my Deferred Entry of Judgment (DEJ) proceedings, I faced an FTA not caused by me. Immigration authorities are denying my adjustment application, citing this as a probation violation negating my DEJ grant. They argue my guilty plea, required for DEJ, implies a violation and that granting... View More

answered on Jun 23, 2025
Yes, it is common in California for courts to impose probation-like terms during Deferred Entry of Judgment (DEJ), including mandatory programs such as MADD or community service. Even though DEJ is designed to avoid a formal conviction if the conditions are satisfied, the court still requires... View More
I was convicted in the United States in 2009 for possessing 29 grams of drugs and served three years in prison. After my release, I was deported to the Dominican Republic for presenting false identification to an authority. I have been working at a company for the past 12 years without committing... View More

answered on Jun 21, 2025
To check if you have any open cases in Pennsylvania, you'll need to search court records through the Pennsylvania Unified Judicial System portal. The Pennsylvania's Unified Judicial System provides comprehensive public access to court records online and upon request, and you can search... View More
I am a heavy equipment operator from Kenya with over ten years of experience operating various machines, including motor graders, shovels/front loaders, and bulldozers. I also possess an OSHA certification and other qualifications from Kenya. I would like to migrate to Canada and am interested in... View More

answered on Jun 21, 2025
Your experience as a heavy equipment operator with over ten years in the field makes you a strong candidate for Canadian immigration. The Express Entry system's Federal Skilled Worker (FSW) program now allows foreign nationals who are heavy equipment operators to immigrate to Canada, and heavy... View More
I am applying for an I-485, green card, and my husband is the primary sponsor; however, his income is insufficient. We live in the same household with his mother. Should my husband and mother-in-law include three members in the household on the forms, even though my husband is not a dependent of my... View More

answered on Jun 21, 2025
Since you all live in the same household, your husband and mother-in-law should count three people for the household size on their forms. This includes your husband, his mother, and you as the intending immigrant. Even though your husband isn't dependent on his mother for tax purposes, they... View More
In 2021, my husband was caught trying to cross into the USA; he was detained with others for about three hours and then sent back to Mexico. During this time, his fingerprints were taken, but no removal order or formal documentation was provided. He made two prior attempts to cross before... View More

answered on Jun 21, 2025
Your husband's brief detention at the border in 2021 does not constitute "immigration proceedings" for the purposes of Question 53. Immigration proceedings typically refer to formal hearings before an immigration judge in immigration court, such as removal, deportation, or exclusion... View More
I am an international student from Nepal on an F-1 visa. I have filed for asylum in the U.S. due to political instability and threats in my home country. My asylum interview is scheduled soon. I am currently working under CPT and plan to move to OPT shortly.
Given the current immigration... View More

answered on Jun 21, 2025
Withdrawing your asylum application while maintaining F-1 status is possible, but it requires strategic planning. You can withdraw your application at any time prior to waiting for a final decision by submitting a Declaration of Intent to Withdraw Asylum Application to the asylum office. ISSS... View More
I'm about to submit an I-130 petition for my husband. He was caught at the border while crossing, detained in a room for about four hours, and then sent back to Mexico. Should I answer "YES" to the question, "Was the beneficiary EVER in immigration proceedings?" considering... View More

answered on Jun 21, 2025
Your husband's border detention experience requires careful consideration when answering this question on Form I-130. The key issue is determining whether his four-hour detention constituted formal "immigration proceedings" as defined by immigration law.
Immigration... View More
I am a green card holder. My wife, also a green card holder, has been visiting India and recently gave birth to our baby girl, who has Indian citizenship. My wife is approaching six months outside the USA, and we plan for her and our baby to return to the USA in July 2025. What paperwork does my... View More

answered on Jun 21, 2025
For your wife's re-entry to the USA, since she's approaching six months outside the country, she should prepare documentation to demonstrate her ties to the United States and her intention to maintain permanent residency. Permanent residents are free to travel outside the United States,... View More
I'm currently waiting for a new work authorization from USCIS. My driver's license will expire in one month, and I plan to renew it as soon as possible. Meanwhile, I'm looking to register my car this Tuesday in Florida. If my driver's license expires while waiting, will my... View More

answered on Jun 20, 2025
Yes, your car registration will remain valid even if your Florida driver’s license expires, as long as the registration was properly completed and paid for before the expiration of your license. Florida law does not automatically void vehicle registration simply because a driver’s license... View More
I accidentally left my work permit in Odessa, TX, and need to retrieve it. To reach Odessa, I have to cross an immigration checkpoint, but I only have my DACA approval letter and driver's license with me. My work permit is active until May 2027. I'm currently in McAllen, TX. Can I cross... View More

answered on Jun 20, 2025
You can cross an interior immigration checkpoint with a valid government-issued photo ID and proof of lawful presence—but there are risks involved if you don’t have your physical work permit (EAD) on hand. Although your DACA approval letter and valid driver's license suggest lawful... View More
I have an approved family petition for my dad, who wants to bring his minor child as his dependent. My dad has not yet obtained his visa, and I want to know the process for including his minor child and any challenges or considerations related to this. Are there specific steps or forms we need to... View More

answered on Jun 20, 2025
When your father's immigrant visa petition is still pending and he wants to bring his minor child as a dependent, it's crucial to confirm the visa category first. If your petition for him falls under a family preference category (such as F3 or F4), derivative beneficiaries—meaning his... View More
I am currently in the USA on a B2 visa, valid until September 2025, which was approved last week. I have a job offer from a new employer with a start date of July 21, 2025. I am open to traveling outside and re-entering the USA. Given USCIS's recent archiving of the B2 visa policy page in May... View More

answered on Jun 20, 2025
If you’re in the U.S. on a B2 visa and recently received a job offer for an H1B position starting July 21, 2025, your decision between Change of Status (COS) and consular processing will depend on risk tolerance, timing, and mobility.
A Change of Status lets you remain in the U.S. while... View More
I am interested in finding sponsored employment as a heavy equipment operator in the U.S., but I am not sure about the visa type I should pursue. I would like to understand more about the process of obtaining sponsored employment and the steps involved. Can you provide guidance on how to proceed?

answered on Jun 20, 2025
To find sponsored employment as a heavy equipment operator, you’ll want to look into the H-2B visa program. This visa allows U.S. employers to bring foreign workers to fill non-agricultural, seasonal, or temporary jobs when there are not enough domestic workers available. Heavy equipment... View More
As a heavy equipment operator in Kenya, I have a certificate in operations and am licensed to operate machinery such as motor graders, bulldozers, and shovels. I have experience in road construction. How do I transfer my skills and credentials to the USA, and what are the occupational licensing... View More

answered on Jun 20, 2025
If you're looking to bring your heavy equipment operation experience from Kenya to Kentucky, start by gathering all your credentials—certificates, licenses, and any documented work experience. While the U.S. doesn't have a national licensing standard for heavy equipment operators, many... View More
A friend received a request from USCIS for evidence regarding their I-918 B form, specifically the statutory citation for the crime and proof of admissibility. The deadline to respond is August 18, 2025. Does the response need to include a new original signature from the certifying agency on the... View More

answered on Jun 19, 2025
If USCIS issues a Request for Evidence (RFE) on an I-918 B form, you are not always required to submit a newly signed I-918 Supplement B unless specifically asked. If the original certification remains valid and the request only seeks clarification—such as a statutory citation or evidence of... View More
I have a friend who will be visiting the United States on a visitor visa. During his stay, he wants to explore potential job opportunities and eventually immigrate. He doesn't have employment lined up yet but plans to change his visa status once he finds a job. He has a five-month deadline for... View More

answered on Jun 20, 2025
Your friend cannot legally work in the United States while on a B-1/B-2 visitor visa. That type of visa is meant strictly for tourism, business meetings, or medical treatment—not employment. Actively seeking employment isn’t expressly prohibited, but accepting a job or engaging in work during... View More
I am an adult in need of obtaining a passport without a photo ID or any secondary supporting documents. I used to have a passport when I was very young, but currently, I only possess a birth certificate. I recently applied for a driver's license but was denied because I don't have a photo... View More

answered on Jun 20, 2025
If you don't have a photo ID or secondary documents, getting a U.S. passport as an adult becomes much more difficult—but not entirely impossible. The U.S. Department of State requires proof of both citizenship and identity. While your birth certificate proves citizenship, you must also... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.