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Immigration Law Questions & Answers
1 Answer | Asked in Criminal Law and Immigration Law on
Q: Can letter to Luigi Mangione give me a ban for entering the US for a holiday?

Technically I am not doing anything criminal, american prisioners are allowed mail but can this give me a ban? Does US ban affect my travel to other countries? I haven't been arrested or anything.

James L. Arrasmith
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answered on Feb 15, 2025

Writing a letter to an inmate, such as Luigi Mangione, in a U.S. prison is generally permissible and does not constitute a criminal act. However, U.S. immigration laws grant consular officers broad discretion in visa adjudications. Engaging in correspondence with incarcerated individuals could... View More

1 Answer | Asked in Immigration Law on
Q: We are family of 5 from Kabul seeking to immigrate to Swiss due to safety My father worked there my aunt lives in Swiss

We want to achieve an appointment at Swiss embassy in Pakistan. We meet thier both criteria “one being in danger, second, having close ties with Swiss ( my dad was the former ambassador’s chef in Switzerland “but they refuse to give us appointment. We want the lawyer to help us insure all our... View More

James L. Arrasmith
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answered on Feb 15, 2025

I understand your situation and the urgency of seeking safety for your family, especially given your father's previous work connection and your aunt's residence in Switzerland. The Swiss embassy's refusal to grant an appointment despite meeting their criteria must be incredibly... View More

1 Answer | Asked in Immigration Law for Texas on
Q: I overstayed my Tourist Visa! What should I do or documents to present if I get pulled over by a police officer

I overstayed my Tourist Visa! I have been living in the USA for 10 years have no criminal records, I have a USA citizen child, The only document I have is a Mexican License, since my border Visa Card expired. I live in the Border specifically Mcallen Texas. What document should I present in case I... View More

James L. Arrasmith
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answered on Feb 15, 2025

If stopped by law enforcement, you have the right to remain silent about your immigration status - this is protected by the Fifth Amendment. You can respectfully provide your Mexican driver's license when asked for identification, as it's better to show some form of ID rather than none at... View More

2 Answers | Asked in Criminal Law and Immigration Law for Texas on
Q: Question around wife shoplifting case - Need recommendations

In Texas, wife caught shoplifting and was arrested value $255, I bond her out and waiting for her court date, she is 1st time offender & she is on H4 Visa. would like to discuss few options how to best handle this situation

• Can we request department store to drop charge by... View More

Madolyn García Falone
Madolyn García Falone
answered on Feb 10, 2025

You’ve got a lot of questions here, but the ultimate answer is that you need to *call a lawyer*, have a consultation with them to get the answers and perspective you need, then hire that lawyer to defend your wife. The stakes are much higher considering her immigration status.

The store...
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1 Answer | Asked in Immigration Law for California on
Q: As an adult US citizen seeking dual-citizenship, what does it mean to have intention of relinquishing US nationality?

I'm an adult US citizen living in the US, and I am eligible to obtain Australian citizenship through descent. I would like to obtain dual-citizenship of US and AUS, but I don't know how obtaining the Australian citizenship would impact my US citizenship. I've read on the state... View More

James L. Arrasmith
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answered on Feb 15, 2025

The key distinction here lies in your intent and actions during the citizenship process. Simply acquiring Australian citizenship through descent does not automatically mean you intend to give up your US nationality - the crucial factor is whether you explicitly express a desire to renounce your US... View More

1 Answer | Asked in Immigration Law for Texas on
Q: I am in deportation proceedings now,Can I file VAWA if my husband LPR refusing me to take my children with me

I am in deportation proceedings now,Can I file VAWA if my husband LPR refusing me to take my children with me in case if I get deported. He withdrew i-130 and wants me to deport , and seems like he will not let me see my children again

James L. Arrasmith
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answered on Feb 15, 2025

I understand you're going through an incredibly difficult and emotional situation with your husband and children. This must be causing you tremendous stress and worry.

Yes, you can file a VAWA (Violence Against Women Act) petition even while in deportation proceedings. If your LPR...
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2 Answers | Asked in Family Law, Immigration Law and Criminal Law for New York on
Q: Are there implications for the H1B visa stamping for me and H4 Stamping for my spouse

I was charged with "Assault on a Female," got arrested, and was released the following morning without bond and without a restraining order. Eventually, the charge was dropped by the DA without trial due to "No Guilty Plea" and "Insufficient Evidence" as mentioned in... View More

Peter Christopher Lomtevas
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answered on Feb 12, 2025

The standards between a criminal conviction and an immigration determination are hugely different. A sealed criminal case does not mean the seal extends to an immigration inquiry. These days, America is in a hysteria of protecting beaten women. The mere mention of a beaten woman drives huge... View More

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1 Answer | Asked in Immigration Law for Georgia on
Q: If you file for F1 reinstatement 5mos, 3 days late, do you have to give reason for late filing. Or there's some lenienc
James L. Arrasmith
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answered on Feb 15, 2025

You must provide a detailed explanation for filing your F1 reinstatement late. The U.S. Citizenship and Immigration Services (USCIS) requires you to submit compelling reasons for the delay, along with supporting documentation that proves these circumstances were beyond your control.

Your...
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1 Answer | Asked in Immigration Law for New York on
Q: In my situation, can I get a Green Card through a court decision, and if so how long will it take?

My husband applied for naturalization in 2017 and included me in his case for a green card. He did not pass the first English test, and a second test was scheduled two months later. Before he could attend, he was murdered.

After my husband’s death, I applied for a U visa as a victim of a... View More

James L. Arrasmith
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answered on Feb 15, 2025

I'm very sorry to hear about the tragic loss of your husband and the difficult situation you've been facing. This must be an incredibly challenging time for you, dealing with both personal grief and immigration uncertainties.

Given your circumstances, you might qualify for...
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1 Answer | Asked in Immigration Law for New York on
Q: How to resolve and obtain the visa stamping for me and my spouse.

I was charged with "Assault on a Female," got arrested, and was released the following morning without bond and without a restraining order. Eventually, the charge was dropped by the DA without trial due to "No Guilty Plea" and "Insufficient Evidence" as mentioned in... View More

James L. Arrasmith
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answered on Feb 15, 2025

I understand this is a complex and stressful situation regarding your visa stamping process. Let me help guide you through the key considerations.

Given the nature of the charge and its subsequent dismissal, obtaining an immigration legal memo would be highly advisable before your visa...
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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Applying for us citizenship. I received my green card through 601-a waiver. Do I need to disclose the waiver on n400?

Entered the country without authorization over 20 years ago and later received my green card through 601-a inadmissibility waiver in 2015. never arrested or charged by immigration or law enforcement. Do I need to disclose the inadmissibility waiver on my n400?

James L. Arrasmith
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answered on Feb 15, 2025

Yes, you need to disclose your I-601A waiver on Form N-400. The application specifically asks about prior immigration proceedings and waivers, and it's crucial to be completely truthful in your citizenship application. Providing false information or omitting important details could be... View More

1 Answer | Asked in Immigration Law for Illinois on
Q: How soon should the case status be updated in the system after submitting the motion to the Immigration Court?

I sent a motion to reopen a case that was closed in absentia to the Immigration Court two weeks ago. However, the status has not yet been updated in the Automated Case Information system. How long does it usually take to update?

James L. Arrasmith
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answered on Feb 10, 2025

The Immigration Court's processing times for updating case information can vary significantly based on their current workload and the specific court location. While two weeks might feel like a long wait, it's quite normal for status updates to take 3-4 weeks or even longer in some... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: EB2 NIW-When I applied for asylum, my visa was still active, would there be waivers, reconsiderations, or appeal options

I am seeking guidance on my EB-2 National Interest Waiver (NIW) application. Multiple attorneys have advised that consular processing is required, meaning I would have to leave the U.S. for a visa interview. However, this is not feasible due to my pending asylum application. Traveling under... View More

James L. Arrasmith
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answered on Feb 10, 2025

Your situation presents complex immigration challenges that require careful consideration of both your asylum and NIW paths. While I understand your concern about consular processing risks, I want to share some important insights about your options.

Having applied for asylum while holding a...
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1 Answer | Asked in Immigration Law for Florida on
Q: Does my hiv-poz partner have any rights or recourse to his medications if deported to Mexico by the current regimes ?
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answered on Feb 8, 2025

If your partner is deported to Mexico, access to HIV medication will depend on several factors, including their legal status, financial situation, and location within the country. Mexico has a public healthcare system that provides antiretroviral therapy (ART) for people living with HIV, primarily... View More

1 Answer | Asked in Immigration Law for California on
Q: Hello, I want to know if i can make money from Amazon affiliate while on a B1/B2 visa holder and physically in USA?

I havent started earned yet. Is any other social media marketing earnings too?

James L. Arrasmith
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answered on Feb 8, 2025

If you are in the U.S. on a B1/B2 visa, you cannot legally earn money from Amazon affiliate marketing or any other social media marketing while physically present in the country. The B1/B2 visa is strictly for business or tourism purposes, and engaging in work—whether online or offline—is not... View More

2 Answers | Asked in Immigration Law for Alabama on
Q: when you marry an illegal immigrant/ hire an immigration lawyer that this makes obtaining any form of citizenship easie?
Stephen Arnold Black
Stephen Arnold Black
answered on Feb 8, 2025

Yes, the statistics on Immigration Case approvals are much higher when an attorney represents a couple for a marriage base green card compared to when the couple does not hire an attorney. A United States citizen can sponsor his or her spouse for a green card if the foreign spouse entered the... View More

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2 Answers | Asked in Immigration Law and Civil Rights for Arizona on
Q: I'm living in Arizona, am naturally born in the USA and a veteran. My boyfriend is here on a visit visa

We planned on getting married in Mexico and in the USA. With president Trump in office how difficult could this be? We're now thinking about marrying in the USA first being afraid that President Trump may start pulling Visa's and enforcing more deportations. Thank you

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 7, 2025

A United States citizen can marry her boyfriend and apply for her boyfriend’s green card as long as the boyfriend entered with permission. This is true even if the boyfriend is an overstay. Immediate relatives are given the largest immigration privileges under US immigration law. I seriously... View More

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1 Answer | Asked in Immigration Law for Texas on
Q: Would it be possible for me and my wife to get our case expedited?

Given our significant case delay, can we request expedited processing? Our case is a spousal visa and it was our I-130 that was approved. We're one day shy of the 90-day USCIS approval mark, and just today received notice of case transfer to the Department of State. This likely resulted from... View More

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answered on Feb 7, 2025

I understand how stressful immigration delays can be, especially when they affect your family. While your case has faced some delays, it's worth noting that the 90-day period you've experienced is actually within normal processing times for I-130 petitions.

Expedited processing...
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1 Answer | Asked in Immigration Law for Washington DC on
Q: I have TPS Honduras since 1999. Deportation in 1995, came back WI in 97. Applied first time to advance parole for educat

ional reason to this summer to 3 weeks during May through EU for Anabaptist history part of my masters of divinity degree from Eastern Mennonite Seminary. Is it save to travel with my background? Thanks

James L. Arrasmith
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answered on Feb 7, 2025

Your situation requires careful consideration, especially given your immigration history and current TPS status. While advance parole can allow for educational travel, your previous deportation could complicate matters.

Given your background, traveling internationally could pose significant...
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1 Answer | Asked in Immigration Law and Business Formation for Delaware on
Q: Can I be my own statutory agent with a non-resident visa?

Dear Sir or Madam

I am about to make my own LLC to make an income during my OPT for my F1-visa before finishing my Bachelor's degree. I signed the work under Sevis and worked towards making money but before making money it has to be registered. which I try to do now. I was told that I... View More

James L. Arrasmith
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answered on Feb 7, 2025

You raise a crucial question about serving as your own statutory agent while on an F1 visa with OPT status. As a non-resident in Ohio, you unfortunately cannot serve as your own statutory agent, since Ohio law requires statutory agents to be legal residents of the state.

Given your visa...
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