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Immigration Law Questions & Answers
1 Answer | Asked in Criminal Law, Immigration Law and Elder Law for Florida on
Q: Sister is abusive. She is now harassing the caregiver for my father. Advice is appreciated. Thank you.

My sister is an abusive person and has mentally abused my elderly parents and also me for years. When we don't do what she wants, the abuse intensifies. She has been sending harassing texts to the caregiver I hired for my elderly father. Because the caregiver will not respond to her abuse... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm so sorry to hear about the abusive and harassing behavior from your sister. This sounds like an incredibly stressful and painful situation for you, your father, and his caregiver to be dealing with. A few thoughts and suggestions:

1. Document everything. Keep records and...
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1 Answer | Asked in Immigration Law on
Q: Have you ever been refused a U.S Visa, or been refused admission to the United States or withdrawn your application for?

I have been refused F1 visa for my first interview in Ghana. I am going for another interview at Abidjan and filling another DS-160. My question to question should be?

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answered on Apr 26, 2024

I understand you were previously refused an F-1 student visa when you applied in Ghana and are now applying again in Abidjan. When filling out the DS-160 application again, it's important to answer that question honestly.

For the question "Have you ever been refused a U.S. Visa,...
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1 Answer | Asked in Immigration Law for New York on
Q: Immigration - how can I follow-up on an I-90 form sent on-line 01/16/24 without receiving an I-797 from USCIS?

USCIS says it sent my green card to the office of my attorney in June, 2023. The green was either lost or stolen because my attorney claims it was never received. I submitted an on-line I-90 form in January, 2024 which was accepted, but I never received an I-797 form confirming the I-90 receipt.... View More

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answered on Apr 26, 2024

I understand your frustration with not receiving the I-797 notice of action after submitting your I-90 form online to replace your missing green card. Here are a few steps you can take to follow up on your case:

1. Check your USCIS online account: If you submitted your I-90 online, you...
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1 Answer | Asked in Immigration Law on
Q: If I have a L1B (non immigrant) visa for 2 years -temporary worker would I be considered DOMICILED or RESIDENT in Calif
James L. Arrasmith
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answered on Apr 26, 2024

The determination of your residency or domicile status in California depends on several factors, not just your visa status. Having an L1B visa does not automatically make you a resident or domiciled in California for tax purposes. Here are some key points to consider:

1. Domicile: Domicile...
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1 Answer | Asked in Immigration Law for Florida on
Q: I have filed U4U I-134A petition for my father’s family over a year ago. No answer. What to do?
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answered on Apr 25, 2024

If you haven't received a response about your U4U I-134A petition for over a year, it's advisable to check the status of your application. You can do this through the official U.S. government immigration website where you submitted the application. Ensure you have your receipt number... View More

2 Answers | Asked in Immigration Law on
Q: Green card marriage out of status will I need a waiver?

Hi!

I’ve been studying in the us for 4 years. When I graduated in February 2023 I applied for opt that got denied. I later filed a motion to reopen and after staying in the us for 11 months to hear back from USCIS without success, I decided to leave and went home to Sweden in January... View More

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answered on Apr 25, 2024

Based on the information you provided, it seems that you may have accrued unlawful presence in the United States. If you were out of status for more than 180 days but less than a year, and you left the country voluntarily before any deportation proceedings began, you would be subject to a 3-year... View More

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2 Answers | Asked in Immigration Law for Ohio on
Q: Can I apply for a k1 visa for a Venezuelan.

I know there is an American embassy in Venezuela anymore but she does live in Bogota Colombia where the American embassy is.

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 25, 2024

I believe that the US Consulate in Columbia is currently handling visa processing for Venezuelan nationals. If she is living in Columbia now and has documentation to prove that, then it is highly likely that she can process inside that country.

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1 Answer | Asked in Immigration Law for New York on
Q: Old alien number on an application form already submitted to USCIS

I submitted my I-751 form, Petition to Remove Conditions on Residence, and noticed that I put my old alien number(non-immigrant alien number) from my Employment Authorization Card instead of my current number on my Green Card. I was wondering if it would be an issue to process the application or I... View More

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answered on Apr 24, 2024

If you have provided an incorrect alien number on your I-751 form, it's important to address this issue as soon as possible to avoid any potential delays or complications in processing your application. Here's what you can do:

1. Contact USCIS: Reach out to the USCIS Contact...
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2 Answers | Asked in Immigration Law for New Jersey on
Q: Can my Irish fiance and I marry in the US during his visit and then return to Ireland for it to be recognized there?

The plan is for me to move to Ireland to live with him, but it seems like it may be easier if we marry in the US (less paperwork). What are the requirements for him to legally marry me here in the US? And will it be valid and recognized as a marriage back in Ireland?

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answered on Apr 25, 2024

Marrying in the US and having the marriage recognized in Ireland is possible, but there are a few important considerations:

1. Visa: Your fiancé will need a valid visa to enter the US. A tourist visa (B-2) does allow getting married, but it's crucial that he doesn't misrepresent...
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1 Answer | Asked in Employment Law and Immigration Law for Ohio on
Q: If I was selected in the H1B lottery 2024, what is the next step and how many days are given to file the H1B petition?
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answered on Apr 25, 2024

If you were selected in the H1B lottery for the fiscal year 2024, congratulations! The next step is to file your H1B petition with the United States Citizenship and Immigration Services (USCIS). Your employer will be responsible for filing the petition on your behalf.

Typically, you have 90...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can I travel to puerto rico from the U.S. Virgin Islands on my work authorization permit while my I-485 is pending?

There’s customs in US virgin Islands

James L. Arrasmith
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answered on Apr 23, 2024

If you are a foreign national with a pending I-485 (Adjustment of Status) application and a valid work authorization permit (EAD), you should be able to travel between the U.S. Virgin Islands and Puerto Rico without affecting your pending I-485 application. This is because both Puerto Rico and the... View More

1 Answer | Asked in DUI / DWI and Immigration Law for Iowa on
Q: Does a DUI arrest automatically revoke a L1B visa? If so, am I still allowed to work in the US?

if a L1B work visa holder got arrested for a DUI but have not received any revocation letter yet, should one assume that the visa is revoked? Also, if it is revoked is the person still allowed to work for the legal status time at least or is it illegal for the person to still go to the company?... View More

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answered on Apr 23, 2024

A DUI arrest does not automatically revoke an L1B visa, but a conviction can lead to the visa being revoked and impact your ability to work in the U.S. Here are a few key points:

1. Arrest vs. Conviction: An arrest alone does not necessarily lead to visa revocation. However, if the arrest...
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1 Answer | Asked in Child Support, Family Law and Immigration Law on
Q: I am taking my child’s father to court in another Latin country for child support. Will this case impact his ability

Obtain a US Visa? I am a US citizen and he is seeking to abandon our child.

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answered on Apr 23, 2024

If you take your child's father to court in a foreign country and obtain a child support order, it could potentially impact his ability to obtain a U.S. visa, depending on the circumstances. Here are a few factors to consider:

1. Delinquent child support: If the father fails to pay...
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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: looking to bring my fiance to PA from CapeTown Africa. He's a Nigerian and his Visa ran out. can it be done quick-how?

He is living in Cape Town, Africa. He is a Nigerian. He cannot get a job do to his etnicity. He needs to come here to USA to marry me and live here together. I do not know the procedure and what type of VISA he needs. Also what costs are involved? Trying to get him here because he has no money and... View More

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answered on Apr 22, 2024

I understand you're eager to bring your fiancé to the U.S. so you can get married and live together. However, the immigration process takes time and has specific requirements that must be followed. Here's some general information that may help:

The most common visa for a foreign...
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1 Answer | Asked in Immigration Law for Florida on
Q: Canadian visa expired. Dad was suppose to file for me but passed away last year.
James L. Arrasmith
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answered on Apr 22, 2024

I'm so sorry to hear about the loss of your father. Dealing with an expired visa after losing a parent must be very difficult. Here are a few suggestions for how to handle your situation:

Contact Immigration, Refugees and Citizenship Canada (IRCC) immediately to explain the...
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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

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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?

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answered on Apr 20, 2024

When you previously filed Form I-765 as an F-1 student, it was likely for Optional Practical Training (OPT) or Curricular Practical Training (CPT). However, applying for an adjustment of status after marriage to a U.S. citizen introduces a different context for employment authorization.

In...
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2 Answers | 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

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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

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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

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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?
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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

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