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Iowa Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Iowa on
Q: can a girl have a gun for safety without having citizenship or is there any legal way we can carry a weapon for safety

i want to know if iam really scared but alone can i carry a gun in us or any type of weapon just for safety in case anything happens and i would like to know all details if there is a legal way we can keep weapons or like if there some agreement we have to sign with the goverment for having a... View More

James L. Arrasmith
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answered on Mar 31, 2024

In the United States, gun ownership and carrying for self-defense or any other purpose are heavily regulated and differ based on federal and state laws, as well as the individual's status in the country. Generally, the right to own a firearm is not extended to non-citizens, especially those on... View More

1 Answer | Asked in Immigration Law and Legal Malpractice for Iowa on
Q: If I was misinformed regarding my case from my previous lawyer is it possible to submit a new petition?

We had submitted a petition for adjustment of status through my adult child. During the processes I was approved for a work authorization card, but when it came to apply to renew my lawyer had said I could not do that until we heard the result of the interview with the DHS, and so it appears that... View More

James L. Arrasmith
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answered on Mar 5, 2024

From what you said, it seems that you may have received inadequate or incomplete guidance from your previous lawyer. In such situations, it is possible to seek a second opinion from another immigration attorney and explore your options for submitting a new petition or rectifying the issues with... View More

1 Answer | Asked in Immigration Law for Iowa on
Q: Is hard to get a visa for people from England?

My friend goes to school here on scholarship and they were wondering if it’s a long process and how they can stay in America legally. Also my apologies for the mistype in the question I didn’t catch it until I hit submit.

James L. Arrasmith
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answered on Jan 26, 2024

No, it is generally not difficult for citizens of England and the United Kingdom to obtain visas to legally stay in the United States, whether as a student or otherwise. Some key points:

- The UK is part of the Visa Waiver Program, so British citizens can enter and stay in the US for...
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2 Answers | Asked in Immigration Law for Iowa on
Q: If he will be returning home after, can my fiancè get married on an ESTA or does he need a separate visa?

This might be a dumb question, but I cannot find the answer. Can my British fiancè come to the US on an ESTA to get married with the intention of returning home to the UK? I am a US citizen and we've plenty of evidence that he'll be returning home. We plan for me to join him when all is... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 26, 2023

If a British citizen enters the United States on an ESTA visa waiver, with the intention of temporarily staying here, but thereafter decides to get married and remain permanently , (because he changed his mind), then, yes it is possible for him to adjust status if he gets married to a US citizen.... View More

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3 Answers | Asked in Immigration Law for Iowa on
Q: I and a couple of friends want to form LLC & all of us are on H-1B Visa. Can we form an LLC on H-1B Visa Status?
James L. Arrasmith
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answered on Apr 29, 2023

Yes, it is possible for individuals on H-1B visa status to form an LLC in the United States. However, there are some important factors to consider when forming an LLC as an H-1B visa holder.

First, as an H-1B visa holder, you are generally authorized to work only for the specific employer...
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2 Answers | Asked in Immigration Law for Iowa on
Q: Can I apply for my citizenship right after I get off probation ? Charges marijuana first offense and theft 5th degree ?

I used my deferral judgment to get does charges off my background

James L. Arrasmith
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answered on Feb 25, 2023

As a general rule, individuals who have been convicted of a crime may not be eligible to apply for U.S. citizenship until a certain amount of time has passed after the conviction. The length of time can vary depending on the nature of the crime and other factors, such as whether the person has... View More

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2 Answers | Asked in Immigration Law for Iowa on
Q: Can we start the k1 Visa process?

I've recently got divorced in Wisconsin which requires a 6-month stay to remarry. Since then I have moved to Iowa that does not have those restrictions on remarrying. I have met a girl in the Philippines while visiting there and we have been dating every since and want to get married. Since I... View More

Adan Vega
Adan Vega
answered on May 15, 2022

You must be unmarried to be eligible to file the FORM I-129F petition to begin the process for the K-1 fiancée visa. After the petition is approved by USCIS and the K-1 visa is issued by the U.S. consulate and your fiancée enters the U.S. you can then marry. This process will generally take more... View More

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1 Answer | Asked in Immigration Law for Iowa on
Q: I have a Syrian boyfriend , How can I get a K1 visa him? What’s the process like? I’m a green card holder in the USA .
Stephen Arnold Black
Stephen Arnold Black
answered on Apr 3, 2022

Only a US citizen can sponsor a foreign national for a fiancée K visa. However as an LPR, you can always get married to him and then sponsor him for a green card. He would have to process at the US consulate overseas. The rough wait time for this is about a year and a half to two years.

3 Answers | Asked in Immigration Law for Iowa on
Q: Eligibility for a transfer of i-485

I have an I-485 adjustment of status pending which was filed through my ex-husband's employment (i-140, EB-2 NIW) (I am a derivative applicant). We applied concurrently i-140 and i-485. Both forms are still pending. We were married for more than 2 years. I divorced my husband and got married... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 12, 2021

I’ll be honest with you; both immigration cases require a licensed immigration attorney. There is no other way to handle it professionally.

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1 Answer | Asked in Immigration Law for Iowa on
Q: Regarding h1 b 60 day frace period

My current H1B validity period: 03/2021-03/2024, but my last day for the job is 08/15/2021

I got a new job. The new employer wants to file an H1B transfer petition before 10/15/2021 (within the 60 day grace period) but the start date mentioned in the offer letter is 11/01/2021.

If... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 16, 2021

Each H1b case must have an assigned counsel at no charge retained by the YS sponsoring company, if it is a genuinely credible petition.?

1 Answer | Asked in Immigration Law for Iowa on
Q: Do I need to refile for 864? Green Card Interview in 3 weeks.

My wife applied for aos, I 485 and I 864. I changed jobs during this time to a much higher paying position. All benifits are the same. Our interview is in 3 weeks. Do I need to refile for I 864? Or can I just bring my updating income to the interview?

Hector E. Quiroga
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Hector E. Quiroga
answered on Mar 10, 2021

No, but do bring pay stubs from the new job.

2 Answers | Asked in Immigration Law for Iowa on
Q: Do I need to pay I 765 filing fee when I 485 is pending?

We applied for AOS I 485 back in June 2020. Our application is still pending and my wife who is on F1 status, is getting ready to graduate. She is interested in working so we are looking to apply for I 765. Since our I 485 is still pending will our I 765 Fee of $410 be waived? Or do we still need... View More

Agnes Jury
Agnes Jury
answered on Jan 5, 2021

The last sentence of the question you posted is the answer. You do not need to pay for the I-765 but you must show proof of the pending I-485. So when you mail your I765 application, include the Notice you got after you filed for AOS. Best wishes!

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1 Answer | Asked in Immigration Law for Iowa on
Q: Can I apply I-485 through my wife NOW while still in J-1 visa waiver or do I need to WAIT till when my waiver finishes?

I started my J-1 visa waiver (as H1B since 2019). I am currently doing my J-1 visa waiver.

During my time in the waiver, I got married. My wife is a US citizen.

I got my I-130 approved.

Can I apply I-485 through her NOW while still in waiver or do I need to WAIT till 2022 when my waiver finishes?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 1, 2020

You can apply now but you will not get a green card until the waiver is approved, possibly requiring you to request delaying adjudication of the pending I-485. I hope you have a reputable immigration attorney handling your case as these types of waivers are highly complex.

3 Answers | Asked in Immigration Law for Iowa on
Q: Can I get my husband who's a immigrant fr Honduras a Visa even if he's in the United States already he is 21 so am I.

He came to the United States illegally when he was 15. And we just got married and also have a baby together.

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 27, 2020

Did he enter the country legally? Are you a US citizen? Have a free consultation with an attorney anywhere in the USA to discuss these issues and others.

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1 Answer | Asked in Immigration Law for Iowa on
Q: Is there such a thing as a free attorney for an immigration issue? Didnt know.if they had court appointed ones or not?
Jean Richardson
Jean Richardson
answered on Feb 8, 2020

Unfortunately, the government does not provide "free attorney" for immigration cases. If you cannot afford to hire a private attorney, you have to represent yourself in immigration court. You may be able to get legal aid to represent you if you qualify.

2 Answers | Asked in Immigration Law for Iowa on
Q: Can receiving unemployment benefit affect my permanent residency status now or in future when applying for citizenship?

I am a Lawful Permanent Resident and have been recently laid off due to lack of work. My question is whether receiving unemployment benefit will be a ground for termination of my Green Card or deportation or preventing me from becoming a U.S. citizen in future?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Oct 14, 2019

Currently you cannot be denied citizenship for LAWFULLY receiving assistance but it can be an issue in several scenarios such as wanting to sponsor someone or if you want to travel abroad. Furthermore the current administration is trying everything they can to disqualify immigrants who have... View More

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1 Answer | Asked in Immigration Law for Iowa on
Q: I am permanent resident with an 1-130 petition for my daughter her priority date is 5/7/2018 will a visa be granted soon

The petition was submitted just a few days after her 20 birthday which was May 3, 2018, so as of today she’s 21. I did receive the I-797c notice with the priority date, which is May7th 2018. So Based on the current visa bulletin of July 2019 will her case be moving anytime soon.( is she now... View More

Hector E. Quiroga
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Hector E. Quiroga
answered on Jun 28, 2019

Your daughter’s priority date is current (that’s what the “C” means on the visa bulletin). You and your daughter should be notified soon about being able to file the visa application.

Your daughter’s age will be adjusted backward by the amount of time it took to process the visa petition.

1 Answer | Asked in Immigration Law for Iowa on
Q: Can my child (minor) on H4 travel to India and back to US with her aunt?

I am on H1B in the US. My wife came to the US on H4 and recently changed status to H1B. We are seeking advice if there is any risk in having our minor daughter on H4 (visa stamped till Nov 2019) travel outside the country and back with her aunt (my sister who is a green card holder) in June for a... View More

Hector E. Quiroga
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Hector E. Quiroga
answered on Apr 1, 2019

There should be no issue, as long as the child has a valid and unexpired H4 visa. You should show that your daughter has your permission to travel with her aunt.

2 Answers | Asked in Immigration Law for Iowa on
Q: Is it safe to travel with expired conditional greencard and the receipt that indicates my status is extended for 18 mo.?

Removing conditions on greencard now is taking longer, I have received two receipts that has renewed my status but not my card. My greencard is based on marriage, I want to travel to Iran to visit my family but am scared because I am not sure if the airports recognize the receipt!?

We also... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 3, 2018

Travel overseas, as an Iranian, on a card that hasn't been reissued? From one of the six banned countries? Sorry, you are looking at possibly being held, if not excluded on your return trip. What you need to do is speak with an attorney--they should be a member of AILA or have an immigration... View More

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2 Answers | Asked in Immigration Law for Iowa on
Q: Can I travel internationally while my I-140 and I-485 pending?

I am a citizen of Iran. I have concerns about traveling back home as the travel ban is still in effect. I filed I-131 and I-765 along with I-485 and I-140 on February 2018. I received my EAD with advance parole endorsement valid until May 2019. Also, my STEM OPT is still valid through March 2019.

Hector E. Quiroga
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Hector E. Quiroga
answered on Jun 7, 2018

Yes. The advance parole document should allow you to leave the country for temporary foreign travel without risking the abandonment of your green card application.

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