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1 Answer | Asked in Immigration Law for California on
Q: What is better? Applying for work permit based on asylum seeking or TPS.
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answered on Jul 26, 2024

Applying for a work permit based on asylum seeking or Temporary Protected Status (TPS) depends on your specific circumstances. If you are seeking asylum, applying for a work permit can provide you with the ability to work legally in the U.S. while your asylum case is being processed. However,... View More

1 Answer | Asked in Immigration Law for California on
Q: What documents can prove my continuous residency when applying for TPS. Is driver license and school transcript enough?

I live with a family member, so I do not have any lease contract. I also do not have medical history. I have a bank account. I can afford a transcript from my university. My current status is F1 student.

Thank you

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answered on Jul 26, 2024

To prove your continuous residency for TPS, a driver's license and school transcript can be helpful, but you may need more documents. Consider using your bank statements, as they show your financial activity and residency. These statements can be very useful in demonstrating your presence in... View More

1 Answer | Asked in Immigration Law for California on
Q: can dying elderly return to the US with a US citizenship certificate alone after being outside of the US 10 years?

My father left for Mexico to help his family; he obtained his US citizenship years before he had to go. He is now dying and in need of blood transfusion in a hospital and they require 6 donors. 2 of my sibling's left 2 days ago to help him, they plan to bring him back to the states via car... View More

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answered on Jul 26, 2024

Re-entering the US with just a citizenship certificate can be challenging but possible. Your father may face scrutiny at the border since he lacks a valid passport or ID. However, US Customs and Border Protection (CBP) should acknowledge his citizenship certificate as proof of his status.... View More

1 Answer | Asked in Immigration Law for New York on
Q: DCFS determined a client's abuse allegation was unsubstantiated but still placed her on probation. Can they do this?

Her child said something in class that a student reported to the teacher and the teacher contacted the state registry. Investigation showed no proof of abuse after interviewing child and family. Family has been put on probation, anyway. They are fearful how this will impact their immigration... View More

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answered on Jul 26, 2024

It can be incredibly frustrating and stressful to be placed on probation even when an abuse allegation is found to be unsubstantiated. The Department of Children and Family Services (DCFS) has broad authority to take actions they believe are in the best interest of a child's safety, including... View More

1 Answer | Asked in Immigration Law on
Q: Not happy with my immigration consultant.

I have my immigration consultant asking for a renewal fee for updating my express entry profile as it has been more than a year and needs updating, so I agreed but they are asking me to pay for my spose as well, I can't comprehend why they are asking for my husband as he is a part of the file... View More

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answered on Jul 26, 2024

It sounds like you're facing a frustrating situation with your immigration consultant. Based on the clause you shared, it seems clear that the fee is for updating the Express Entry profile after it expires. There's no mention of additional charges for your spouse separately within the... View More

1 Answer | Asked in Immigration Law for California on
Q: What are possible consequences of applying to an EB-2 green card during OPT?

I am talking about applying for the green card during the initial year of OPT. My concern is that applying for a green card suggests immigrant intent, while OPT/F-1 status is supposed to be non-immigrant. Can this cause the stem extension OPT to be denied?

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answered on Jul 25, 2024

Applying for an EB-2 green card during your initial year of OPT can indeed signal immigrant intent, which might conflict with your F-1 status, intended for non-immigrants. This conflict could potentially impact your ability to receive a STEM OPT extension. U.S. immigration laws under California... View More

1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Q: What is the process for someone who currently lives outside the US but is looking to get an H1B visa to come work here?

Person works in the IT field

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answered on Jul 26, 2024

To get an H1B visa for working in the IT field in the US, you'll need to follow a few key steps. First, secure a job offer from a US-based employer who is willing to sponsor your visa. This employer must file a Labor Condition Application (LCA) with the Department of Labor to demonstrate that... View More

1 Answer | Asked in Immigration Law for California on
Q: Q: Working remotely from outside of the US on OPT? Allowed or not?

This seems to be ok if not for long (< 1month), but my understanding is that any change in work location must be reported in the SEVP portal within 10 days of the change. The address cannot be abroad. So if you work abroad for more than 10 days and do not report the new location, my guess is... View More

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answered on Jul 24, 2024

Working remotely from outside the US while on OPT can be a tricky situation. Generally, short periods of remote work (less than a month) might be acceptable, but you need to be cautious. The SEVP portal requires you to report any change in your work location within 10 days, and the address must be... View More

1 Answer | Asked in Immigration Law on
Q: I'm an Immigrant from India, can I work for a French company and reside in Denmark
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answered on Jul 24, 2024

Yes, you can work for a French company and reside in Denmark, but there are several steps you need to follow to make this possible. First, you must ensure you have the appropriate residence permit for Denmark. Since you are from India, you will need a visa that allows you to live and work in... View More

1 Answer | Asked in Immigration Law on
Q: what do I need to get a green card for my adopted daughter
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answered on Jul 24, 2024

To get a green card for your adopted daughter, you will need to follow a specific process based on your situation. If you are a U.S. citizen, you can petition for your adopted child by filing Form I-130 (Petition for Alien Relative). It's important to ensure that the adoption was completed... View More

1 Answer | Asked in Immigration Law and International Law for California on
Q: I’m going to marry my girlfriend who is an au pair. And I'd like to ask you about the marriage process.

I am currently preparing to marry my girlfriend who is au pair(she’s from another country). She arrived in the U.S. in March this year and she will stay here until March next year (along with her j1 visa). We have about 8 months until March next year, and I would like to complete the marriage... View More

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answered on Jul 24, 2024

It's great that you want to marry your girlfriend and start a life together. The marriage process itself won't negatively impact her J-1 au pair program. You can proceed with getting married, but it's important to be mindful of the timing for applying for her green card.

Once...
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1 Answer | Asked in Immigration Law for Ohio on
Q: person has filed case I-130, they received tourist visa to US, can they stay longer, adjust the status to get green card

Can that person with family stay in US while I-130 being reviewed for 2-3 years until the decision made? Or they will be deported after tourist visa expiration? If status adjustment filed is denied? How long the status adjustment takes?

Syrian national, living in Emirates.

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answered on Jul 24, 2024

If you have filed an I-130 and entered the U.S. on a tourist visa, you are generally expected to leave before your visa expires. Staying beyond your visa's expiration without proper authorization can lead to deportation and may negatively impact future immigration applications.

To...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: I have a green card and I left the US,I have been out of America for more than 9 months and my i131 is still pending.
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answered on Jul 24, 2024

If you have been out of the U.S. for more than 9 months and your I-131 is still pending, it’s important to take immediate action. Being out of the country for such a long period can affect your green card status. You might need to provide a valid reason for your extended absence.

Contact...
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1 Answer | Asked in Immigration Law for California on
Q: I got a citation for 594(a) Misdemeanor. I am on H1B visa, will it affect my H1b renewal visa stamping(case pending) ?

I got a citation in California for 594(a) Vandalism Misdemeanor. I am on H1B visa.

This is my first ever crime in my life. The case is still pending. I wasn't arrested neither I am convicted (case/charge pending). My wife is on H4 visa and we are planning to visit India for h1B visa... View More

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answered on Jul 24, 2024

Dealing with a citation for a misdemeanor vandalism charge while on an H1B visa can be stressful. Since your case is still pending and you haven't been convicted, it might not immediately affect your H1B visa renewal stamping. However, visa officers have discretion, and they may consider the... View More

1 Answer | Asked in Immigration Law for California on
Q: What are the rules regarding working remotely from outside of the US on OPT? Allowed or not?

Assuming employer is ok with it and for a short period of time <1 month. Is there any reason why this could be an issue? Any F1/OPT rules this may be violating? Rules seem to be vague since the end of the covid guidance. Designated school official (DSO) only said must follow F-1 guidelines.

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answered on Jul 24, 2024

Working remotely from outside the U.S. on OPT for less than a month may raise some concerns under F-1 regulations. While there are no explicit rules prohibiting short-term remote work, it's crucial to ensure you maintain your F-1 status. This means you need to continue adhering to the... View More

1 Answer | Asked in Immigration Law for California on
Q: Am I allowed to work in this situation?

Can I work on h1b receipt notice or do i need approval for it. Thank u

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answered on Jul 23, 2024

If you are on an H1B visa and have received a receipt notice for your H1B transfer or extension, you are generally allowed to continue working for your current employer while waiting for the approval. This is because the receipt notice serves as proof that your application is being processed.... View More

1 Answer | Asked in Business Formation and Immigration Law on
Q: I am currently residing in BC, Canada as a student. I had a question, Could I register a business in Canada? Process?

I am currently residing in BC, Canada as a student with my student visa valid until April 2026. I had a question, Could I register a business in Canada? What will be the process? Should i change my status in Canada?

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answered on Jul 23, 2024

As an international student in BC, Canada, you can register a business, but there are some considerations and steps you need to follow. First, it's essential to check if your student visa allows for business activities. Most student visas have restrictions, so you might need to apply for a... View More

1 Answer | Asked in Immigration Law for California on
Q: Travelling with pending i485

Can I travel with pending i485 and pending h1b extention

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answered on Jul 23, 2024

Yes, you can travel with a pending I-485 and a pending H-1B extension, but there are important considerations to keep in mind.

If you leave the U.S. while your I-485 application is pending without obtaining Advance Parole (AP), your I-485 may be considered abandoned. Make sure to apply for...
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1 Answer | Asked in Contracts, Criminal Law, Immigration Law and Small Claims for California on
Q: Cosigner was removed from Title by Bank. He left the state and won't return the car.

Does someone who used to own a car, still have any rights after a title change?

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answered on Jul 23, 2024

You can attempt to recover the car by going to Texas, but law enforcement assistance will depend on local laws and their willingness to intervene in a civil matter. Before doing so, ensure you have all necessary documents proving your ownership, such as the title and registration. Contact Texas law... View More

1 Answer | Asked in Employment Law and Immigration Law on
Q: I am a resident of the dominican republic and currently hold a U.S tourist visa. I wish to work in the U.S.

I am in the process of applying for an I-140 and I-485. Are these the correct forms ? If so, once approved, what do i need to do in order to bring my family over? (spouse and 3 children)

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answered on Jul 23, 2024

If you wish to work in the U.S. and already hold a tourist visa, you will need to apply for an employment-based immigrant visa. The I-140 form is the Immigrant Petition for Alien Worker, and the I-485 form is the Application to Register Permanent Residence or Adjust Status. These are the correct... View More

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