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Immigration Law Questions & Answers
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Q: Is B2 to H1B change of status risky after H1B job layoff?
I'm planning to file a B2 visa extension after being laid off from my H1B job. Is the change of status from B2 to H1B considered risky? I am considering slightly hinting in my B2 petition that I intend to explore career opportunities. I notice people receiving approvals for their B2 visa while... View More 
Q: Why is there a rise in DHS appeals against asylum grants, and what should I expect in Indiana?
I filed for asylum in 2020, and my case was sent to immigration court in June 2025. The Immigration Judge (IJ) granted me asylum. However, the Department of Homeland Security (DHS) has appealed the decision. I don't know the specific reasons for the DHS appeal, as there is no briefing schedule... View More
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James L. Arrasmith
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answered on Nov 6, 2025
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answered on Nov 6, 2025
The rise in DHS appeals against asylum grants may be due to shifts in policy or guidance at the federal level, where the agency is reviewing grants more aggressively to challenge cases they believe were incorrectly approved. Changes in leadership or enforcement priorities often lead to increased... View More
Q: What steps can we take to update or move forward with my I-130 case after approval without further updates?
My I-130 petition case for my mother to sponsor me, her married daughter, and my family was approved on March 4, 2020. Since then, we haven't received any updates, and the case status remains unchanged. It's been 13 years since we initiated this process and, apart from the approval in... View More
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James L. Arrasmith
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answered on Nov 6, 2025
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answered on Nov 6, 2025
Since your I-130 petition for your mother sponsoring you and your family was approved in 2020 but no further updates have been received, the next step is to **check the visa bulletin** to see when your priority date becomes current. Family-sponsored visas are subject to annual limits, so even after... View More
Q: How can we handle the immigration process for an Italian family joining our ministry in NY?
We are a nonprofit organization based in Brooklyn, New York, seeking legal assistance for the immigration process for an Italian family wishing to join our ministry. The husband will work in our men's home, providing assistance to men struggling with addiction through biblical teaching,... View More
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James L. Arrasmith
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answered on Nov 6, 2025
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answered on Nov 6, 2025
Since the Italian family will be coming to the U.S. to live and assist in your ministry without pay, you will need to carefully consider **visa options**. A common route for nonprofit or religious work is the **R-1 religious worker visa**, which allows the spouse and children to accompany the... View More
Q: Will US designation of my country impact my asylum case with BIA? Granted asylum in June 2025, DHS appealed.
I was granted asylum by an Immigration Judge in June 2025, and DHS appealed exactly on the 30th day of the grant. Recently, my home country was designated by the US as a country of concern, particularly due to the persecution of Christians, which was a central part of my asylum case. As a Christian... View More
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James L. Arrasmith
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answered on Nov 6, 2025
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answered on Nov 6, 2025
Your case now sits at the BIA on DHS’s appeal, so the IJ’s grant remains nonfinal. The Board reviews legal questions de novo but disturbs the IJ’s factual findings only for clear error. Silence from DHS after the notice of appeal is common; the next event you should watch for is the BIA... View More
Q: Help with family petition paperwork roles of petitioner and beneficiary?
I'm currently in the process of completing the paperwork for a family petition and I'm struggling with understanding certain parts of the forms. Specifically, I'm unclear about the roles of 'petitioner' and 'beneficiary' within the paperwork and want to ensure... View More
Carlo Franco L. Borja
answered on Nov 5, 2025
answered on Nov 5, 2025
Reach out to an immigration attorney directly for your case specific questions as this is a public forum
Q: How to handle criminal and immigration issues together in Arizona?
I have a U.S. green card and am facing criminal charges in Maricopa County, Arizona, for Felony 5 - Unlawful Flight from Law Enforcement and Felony 6 - Endangerment, both of which arose from an incident in November 2024. There was no injury or property damage. I missed a court date in April 2025... View More
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James L. Arrasmith
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answered on Nov 5, 2025
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answered on Nov 5, 2025
Start by quashing the bench warrant: your lawyer can arrange a same‑day surrender or a walk‑in appearance, file a motion to quash explaining the April 2025 emergency, and secure release on the $1,000 bond or on your own recognizance. That resets the case posture and prevents an additional... View More
Q: Is planning to network while on B2 visa problematic?
I was on an H1B visa and transitioned to a B2 visa. While writing my personal statement for a B2 visa extension, I included the following paragraph: "I initially planned to return to India on 11/11/2025 to take care of my elderly parents and join them in our family business. However, my... View More
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James L. Arrasmith
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answered on Nov 5, 2025
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answered on Nov 5, 2025
Your sentence about “connecting with people from your tech industry” triggers concern because a B‑2 covers personal travel and limited activities, not business pursuits. Casual, noncommercial conversations fit within a visit, but phrasing that signals U.S. job exploration invites questions... View More
Q: Do I have a scheduled court date for immigration detention?
I am currently detained by immigration authorities and would like to know if I have a court date scheduled.
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James L. Arrasmith
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answered on Nov 5, 2025
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answered on Nov 5, 2025
You can check your immigration court date by calling the EOIR automated hotline at 1‑800‑898‑7180 and entering your nine‑digit A‑Number. From detention, ask the unit officer or case manager for phone access or a law‑library call to make that check.
If the system says “no case... View More
Q: Can I take a gap year on an F-1 visa without affecting my legal status?
I am an undergraduate student currently on an F-1 visa with a "duration of stay" status. I am considering taking a gap year before applying for my master's program. During this gap year, I intend to remain in the United States. Is this possible under my current visa status, and what... View More
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James L. Arrasmith
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answered on Nov 5, 2025
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answered on Nov 5, 2025
On F‑1 status, you must pursue a full course of study each term, aside from a limited school‑authorized annual vacation; a year‑long pause without enrollment does not fit that framework. I understand the desire to pause between degrees, but U.S. student status leaves little room for... View More
Q: What are the visa implications if my husband threatened me with a knife?
I am currently on a J-1 visa, and my minor children have J-2 visas. Recently, my husband was involved in an incident where he threatened me with a knife in front of our children. During this time, I was unable to call 911, as he stood by the door holding the knife. No police report was filed, and... View More
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James L. Arrasmith
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answered on Nov 5, 2025
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answered on Nov 5, 2025
That sounds like a terrifying experience, and it’s understandable that you’re concerned about both your safety and your visa status. If your husband is convicted of a violent crime, including threatening you with a weapon, it could have serious immigration consequences for him. A criminal... View More
Q: Does company size and employment type affect H-1B eligibility?
I am currently on STEM OPT and working as a Junior Software Engineer at a small startup in the mental-health and education technology sector. Our team comprises the CEO, CFO, who are U.S. citizens, and myself. We develop a digital mental-health platform for universities, and I contribute to both... View More
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James L. Arrasmith
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answered on Nov 5, 2025
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answered on Nov 5, 2025
That’s a very thoughtful question, and it’s good that you’re planning ahead for your H-1B filing. The size of the company itself doesn’t automatically disqualify you from H-1B eligibility, but smaller employers often face more scrutiny. USCIS will look closely to confirm that the company is... View More
Q: Can my mom stay in the US while waiting for her B2 visa extension result?
My mother is currently in the U.S. on a B2 visa, and her authorized stay per her I-94 ends on November 29, 2025. We filed for an extension of her stay on August 20, 2025, but are still waiting for a decision. She wishes to stay longer to celebrate Christmas and my daughter's birthday in March... View More
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James L. Arrasmith
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answered on Nov 5, 2025
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answered on Nov 5, 2025
That’s a thoughtful question, and it’s good that you’re staying ahead of things before her authorized stay expires. Since your mother’s B2 visa extension application was filed before her I-94 expiration date, she is allowed to remain in the United States while the application is pending.... View More
Q: How to quickly obtain proof of legal separation in Michigan?
I have a pending divorce case in Ottawa County, Michigan, where custody and child support have been resolved, but a debt settlement remains, with a conference scheduled for December 17, 2025. I am enlisting in the Air Force Reserve and need proof that I’m legally separated, with all issues... View More
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James L. Arrasmith
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answered on Nov 5, 2025
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answered on Nov 5, 2025
That sounds like a stressful situation, especially with your enlistment and immigration timelines overlapping. In Michigan, you can request proof of legal separation or pending divorce directly from the **Ottawa County Circuit Court Clerk’s Office**, even if your attorney hasn’t responded.... View More
Q: What are my options for I-130 with incorrect signature, and its impact on I-485 and EAD applications?
I've submitted an I-130 form, but it was signed by the wrong person. I'm unsure about the options available and the impact this might have on my other applications. Should I file an appeal or refile the I-130? Additionally, I have already submitted an I-485 and an EAD application. How... View More
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James L. Arrasmith
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answered on Nov 4, 2025
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answered on Nov 4, 2025
A petition signed by the wrong person is not properly filed, so you cure it by submitting a version signed by the actual petitioner. If USCIS already issued a receipt, you can wait for an RFE and respond with the corrected, originally signed page, or proactively interfile the corrected signature... View More
Q: How to respond to a NOIR for marriage visa with incarcerated petitioner?
I need urgent legal assistance to respond to a Notice of Intent to Revoke (NOIR) for a marriage visa before November 24. The petitioner is currently incarcerated. The NOIR is questioning if his case falls under the Adam Walsh Act, which it does not, as there were no minors involved. How should I... View More
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James L. Arrasmith
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answered on Nov 4, 2025
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answered on Nov 4, 2025
Calendar the NOIR deadline of November 24, 2025 and prepare a point‑by‑point rebuttal; do not miss the date while you pursue any FOIA requests for the consular return or USCIS notes. Open with a legal framework section explaining that the Adam Walsh Act (AWA) bars petitioners only for... View More
Q: How can I extend my B-2 visa stay in U.S. given personal and health circumstances?
I am enclosing the application and supporting documents herewith for my extension of stay while I am currently in the United States on a B-2 tourist visa. According to my current I-94, my authorized stay expires on November 9, 2025. However, I would like to extend my stay in the United States until... View More
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James L. Arrasmith
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answered on Nov 4, 2025
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answered on Nov 4, 2025
File Form I-539 before November 9 and explain, in plain terms, that you seek a short, finite B-2 extension to assist your boyfriend through acute medical care; attach proof of timely filing to preserve a period of authorized stay. Mentioning your boyfriend’s condition will not block a future... View More
Q: Can a 17-year-old legally smoke herbs like lavender in Missouri?
I am 17 years old and interested in smoking herbs like lavender and rosemary. I am unsure if I will get in trouble since these are not marijuana or tobacco products. I want to be sure about the legality in general. Are there any specific laws in Missouri I should be aware of that might restrict... View More
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James L. Arrasmith
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answered on Nov 4, 2025
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answered on Nov 4, 2025
That’s a thoughtful question, and it’s good that you’re thinking about the legal side before doing anything. In Missouri, there are no specific laws that make it illegal to smoke non-tobacco, non-cannabis herbs such as lavender or rosemary. However, your age does matter when it comes to where... View More
Q: What are the risks of traveling for H1B stamping with I-485 pending?
I am currently on a valid H1B status in the United States, having recently renewed my visa. However, I have not obtained the H1B stamp on my passport yet. My I-485 application is pending with USCIS, and this is my first time considering international travel in this situation. My concern is about... View More
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James L. Arrasmith
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answered on Nov 4, 2025
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answered on Nov 4, 2025
That’s a very important question, and it’s wise that you’re thinking it through carefully before traveling. When your I-485 (Adjustment of Status) is pending and you leave the United States without Advance Parole, your application is considered abandoned unless you are maintaining valid H1B... View More
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Child Custody, Domestic Violence, Immigration Law and Family Law
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Michigan
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Q: Can I legally relocate to another country without my children under Michigan custody laws?
I am dealing with a custody agreement that I feel hinders my ability to find employment and move on with my life after leaving an abusive situation. I'm considering relocating to another country without my children due to these challenges. Is it legally permissible for me to do so under... View More
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James L. Arrasmith
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answered on Nov 4, 2025
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answered on Nov 4, 2025
That’s a very difficult and emotional decision to face, especially after everything you’ve been through. In Michigan, you are generally allowed to move or live wherever you choose, but if you share custody or parenting time, your move can affect your parental rights and obligations. Leaving the... View More
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