Lawyers, Answer Questions  & Get Points Log In
Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: What happens if school loses accreditation post students' STEM Extension Approval?

Hi, I am an international student on OPT. My degree is eligible for STEM extension. When I graduated, the school was accredited. And I will be filling for STEM extension in August(curr: Apr). There is a chance that my university will lose accreditation later in November or December. If I assume... 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 20, 2024

If your university loses accreditation after your STEM OPT extension is approved, the extension itself typically remains valid, as the status at the time of application and approval is what matters. Therefore, your approved STEM OPT should not be immediately invalidated by this change in your... View More

2 Answers | Asked in Immigration Law for Indiana on
Q: I-765: Initial or Renewal of permission to accept employment?

As an F-1 student, I have previously submitted form I-765 (employment authorization). Now while applying for adjustment of status after marrying a US citizen, should I say that this is my initial permission to accept employment? Or is it a renewal of my permission to accept employment?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Apr 20, 2024

Initial permission as it will be based on C9 category

View More Answers

1 Answer | Asked in Immigration Law and Domestic Violence for Michigan on
Q: If my husband filed for VAWA and made up a few things about me; is it possible he will get his papers?

My husband filed for a VAWA. He made up a few things about me when he spoke to his lawyer. I found this out because he asked me for help on one of his papers. Obviously, I read everything and got angry. Some of things he said was true but some were false. He made this ugly character of me. I was... 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 20, 2024

I'm sorry to hear about the difficult situation you're going through. It's important to address the complexities of your husband's VAWA (Violence Against Women Act) application, especially since it involves false accusations. Whether his application will be successful can depend... View More

1 Answer | Asked in Immigration Law for California on
Q: Motion to terminate based on approved I-130, can we file it before the hearing ? I-485 with the IJ or USCIS?

My dad (74y) had administrative closure (low enforcement priority case) years ago, now his I-130 is approved.

When we file for re-calendar (case back on the Court’s active docket) do we have to wait until the hearing date or can we file directly for motion to terminate? can it be done in... 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 20, 2024

You can file a motion to terminate before the hearing, but it typically requires the case to be re-calendared first, which brings it back to the court's active docket. The motion to terminate based on an approved I-130 can potentially be filed alongside the request for re-calendaring.... View More

1 Answer | Asked in Estate Planning, Immigration Law and Real Estate Law on
Q: I need official datas about a deceased person from Virginia. Is it possoble to request the offical datas online?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024

Yes, you can request official data about a deceased person from Virginia online. The Virginia Department of Health’s Division of Vital Records provides access to death certificates and other vital records. These documents can be requested through their official website or through other online... View More

3 Answers | Asked in Immigration Law for Florida on
Q: Question about I 485 approval

Hello I have received notice of i485 approve. But It mentioned I have to do biomatrics and photo again. I already did this step last year.

is that mean I got the green card?

and I didn’t had any interview but I got approved my 130 and I 485

Aisha Nanyanzi
Aisha Nanyanzi
answered on Apr 19, 2024

It is difficult to know what you received without looking at the document. An easy answer to your question is if USCIS asks you to do biometrics, you should show up to your appointment even if you previously did biometrics. It could be that they need to do redo your biometrics or that they issued... View More

View More Answers

1 Answer | Asked in Child Support, Family Law and Immigration Law on
Q: I (US citizen) have a child support case against the father (Latin Country). He is seeking a visa into the US .

He has his US Visa appointment in June in Bogota. Will the child support case impact his ability to obtain a US Visa if he has an open child support case and is seeking to abandon his child who will be a US citizen?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2024

An ongoing child support case can potentially impact visa applications, particularly if there are legal obligations or outstanding issues that have not been addressed. The U.S. Department of State considers various factors under U.S. immigration law when approving visa applications, and adherence... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: What passport number should my husband use on USCIS forms? Old passport that he used to enter the country? Or new one?

My husband entered the country legally with his H2B visa, but lost/misplaced that passport and visa on a business trip. He has copies of those original documents, but now has a new passport number. Should he be using his new passport number on all forms or input the old passport number and document... 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 18, 2024

In this situation, your husband should use the passport number that was valid at the time he entered the United States and received his I-94 form. The I-94 form is the official record of his legal entry into the country, and it is tied to the specific passport number he used at that time.... View More

1 Answer | Asked in Immigration Law and Education Law for Michigan on
Q: I am an F1 visa student in my OPT period right now can I work remotely for a US-based company for a commission-based job
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

As an F1 visa student currently in your Optional Practical Training (OPT) period, there are some important considerations regarding your employment options:

1. Your employment must be directly related to your field of study.

2. You can work for a US-based company, but the company...
View More

1 Answer | Asked in Immigration Law for Texas on
Q: My father applied for residency. He received a letter of a intent to deny his application. Is he going to be deported?

They gave him a month to respond or fight the case. Is there a way to give my dad more time to fight it? is he going to be ordered to leave the country? The letter showed were he was interviewed and they asked him certain questions, my dad lied about his previous deportation. He said he was afraid... 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 17, 2024

I'm sorry to hear about your father's situation. Receiving an intent to deny his residency application must be very stressful for your family. While I can't provide legal advice, I can share some general information that may be helpful:

An intent to deny letter means USCIS is...
View More

1 Answer | Asked in Immigration Law for Washington on
Q: please clarify this point in uscis 539 form instruction

select the date you want your change of status to occur on, if approved your change of status will occur on the date of your current non immigration status ends, or the date of approval or the requested date whichever occurs later

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

The instructions for the USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) regarding the requested date for change of status can be clarified as follows:

When filling out Form I-539, you have the option to select a specific date on which you want your change of status to...
View More

1 Answer | Asked in Immigration Law for Washington on
Q: my current immigration status ends on 11/15/2025, my change of status approved from 12/05/2023 to 11/1/2026, when can i

my current immigration status h4 ends on 11/15/2025, my change of status to h1b approved from 12/05/2023 to 11/1/2026, when can i change to new status? im still in my old status

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

Based on the information you provided, here are the key details:

- Your current H-4 status is valid until 11/15/2025.

- Your change of status to H-1B has been approved, with validity from 12/05/2023 to 11/1/2026.

In this scenario, you can change to your new H-1B status on or...
View More

2 Answers | Asked in Immigration Law for Washington on
Q: Can I apply for the US citizenship without submitting I-751 if I have been with my husband for 7 years in the US?

I have been married and living with my husband for 9 years and we have a 6 year old daughter. I got my green card 7 years ago upon my arrival in the US. We have not submitted the removal of green card conditions (I-751) because my husband does not want me to get citizenship.

(1) Can I... View More

Kevin L Dixler
Kevin L Dixler
answered on Apr 16, 2024

No. You must file the I-751, with or without your husband. The fact that you allowed the two years to expire means that you can be placed in removal proceedings for failing to file the I-751.

Filing a self petition based upon divorce based upon irreconcilable differences may be the better...
View More

View More Answers

1 Answer | Asked in Employment Law, Immigration Law and Banking on
Q: Can ADCB bank from Abu Dhabi (UAE) file a case against me?

I used to work in Dubai (UAE), I resign from my job and came back to my home country for a while. (Portugal)

I had a credit to pay to ADCB of 15,000 aed, although now ita already less than 6000, I'm not paying the installements already for 5 months now because I dont have a job.... 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 16, 2024

Based on the information you've provided, here are a few key points to consider:

1. Legal action: Banks in the UAE, including ADCB, have the right to take legal action against individuals who fail to repay their debts. However, the likelihood of them filing a case against you for an...
View More

1 Answer | Asked in Immigration Law on
Q: I am a US citizen father and my child has a US passport I went to renew his passport they said Hild citizenship ACT 2000

The reason they said after my son got green card we didn’t live there for enough time to get a passport

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

It seems like you may be referring to the Child Citizenship Act of 2000, which amended the Immigration and Nationality Act (INA) to allow certain foreign-born children to automatically acquire U.S. citizenship. However, there are specific requirements that need to be met for a child to qualify for... View More

1 Answer | Asked in Immigration Law for California on
Q: Permanent Resident card expired 2014. Need to renew and get temp card to obtain Drivers Lic How?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

To renew your expired Permanent Resident card (Green Card) and obtain a temporary card for getting a driver's license, follow these steps:

1. File Form I-90, Application to Replace Permanent Resident Card, with U.S. Citizenship and Immigration Services (USCIS). You can file online or...
View More

1 Answer | Asked in Immigration Law for New York on
Q: Can I reapply for a visa during the grace period in the US?

If I decide to extend my O-1B visa for 1 more year, can I apply during the grace period?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

Regarding your question about reapplying for a visa during the grace period in the US, here are a few key points:

- The grace period for O-1 visas is 60 days after the visa expires. During this time, you are allowed to remain in the US but cannot work.

- It is generally recommended...
View More

2 Answers | Asked in Immigration Law for Georgia on
Q: Hello, Can my F2 dependent spouse show her parents' bank statement for financial proof for her F2 visa interview?

My spouse's F2 visa interview is scheduled and she would like to show her parents's bank statement in her interview for financial proof, is it possible? and how much does she need to show?

Brian Chase Malone
Brian Chase Malone pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

Good evening,

I hope you are doing well, and what an appropriate question to come across just moments following the close of “tax day” here in the U.S.

I'm glad you reached out with your question about the financial proof necessary for your wife's F-2 visa...
View More

View More Answers

1 Answer | Asked in Immigration Law and Tax Law for Kentucky on
Q: while.filing taxes if i am non resident alien(f1-student)in one state. And i worked in that state and moved to different

State in the middle of the year. Do i count as non resident as part year residency?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

As a non-resident alien (F-1 student), your residency status for state tax purposes may vary depending on the specific state laws. In general, most states consider you a resident if you live in the state for a certain period of time (usually more than 183 days) or if you maintain a permanent place... View More

1 Answer | Asked in Immigration Law, Tax Law and Workers' Compensation for Florida on
Q: Can an international student who is taking a summer break in their country work for a company in their country?

How does that apply when it comes to working for a US Company that does Business both in the US and Brazil? What about a company that does business just in Brazil? Both positions are unpaid

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

The ability of an international student to work in their home country during summer break depends on several factors, including the student's visa status, the laws of their home country, and the policies of the company they wish to work for.

Regarding your specific questions:...
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.