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Michigan Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Michigan on
Q: Inquiry about potential negative impact of previous rejections due to procedural errors

I hired an immigration attorney this year to handle my green card application through marriage. However, when my attorney submitted my green card application, the first time he used outdated forms, the second time he did not submit the correct amount of payment, resulting in two rejections. Now I... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 17, 2024

No. But consider working with a competent immigration lawyer. Some of us charge a very affordable flat fee and do a great job! Immigration lawyers can represent clients anywhere in the US.

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1 Answer | Asked in DUI / DWI and Immigration Law for Michigan on
Q: Not allowed entry into Canada and I must go through Criminal Rehabilitation.

I have had three DUIs, the last DUI was 7 years ago and have completed probation. I was told that it would take 10 months and I would like to do this myself. Thank you

James L. Arrasmith
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answered on Aug 22, 2024

If you have three DUIs and want to enter Canada, you will likely need to go through the process of Criminal Rehabilitation. Since your last DUI was seven years ago and you've completed probation, you're eligible to apply. It's important to gather all relevant documents, including... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: Some questions related to change of status from H1 to F2 and H4 to F1.

Can we start school while the change of status (H4 to F1) decision is pending?

After the change of status (H4 to F1) is approved, can we stay in the US until the school starts? Let's say It is approved 2 months before the school's start date.

Can the changes of status (H4... View More

James L. Arrasmith
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answered on Aug 20, 2024

Yes, you can begin your studies while your change of status from H4 to F1 is pending. However, you will not be eligible for F1-specific benefits, such as working on campus or applying for CPT/OPT, until your F1 status is approved.

Once your F1 status is approved, you can remain in the U.S....
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1 Answer | Asked in Employment Law and Immigration Law for Michigan on
Q: Can I work on F1 visa OPT for a professor remotely?

I graduated in May from a University in Texas and now I am on OPT period. I now live in Michigan state. I know a professor from Minnesota University who is willing to offer unpaid internship or volunteer letter to work on a project for 20+ hours a week that is related to my degree. The work will be... View More

James L. Arrasmith
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answered on Aug 20, 2024

Yes, you can work remotely for a professor on OPT, but there are a few key points to consider. The work must be directly related to your degree, which you've indicated it is, and you must report this employment to your designated school official (DSO) to maintain your OPT status. The position... View More

1 Answer | Asked in Education Law, Employment Law and Immigration Law for Michigan on
Q: How can I legally become a physicist in the U.S. after obtaining my education in the U.S.

I am a H4 visa holder which depends on my dad's H1B visa. I am 14 years old, go to a public school in the U.S., and want to eventually get a job in the U.S. as a physicist. I want to do so by first completing my highschool studies, getting into a university, get a bachelor's degree, a... View More

James L. Arrasmith
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answered on Jul 30, 2024

To achieve your goal of becoming a physicist in the U.S., you’ll need to transition from your H4 visa to a student visa. After high school, you can apply for an F-1 student visa to attend a university. This visa will allow you to stay in the U.S. for the duration of your studies, including your... View More

1 Answer | Asked in Criminal Law and Immigration Law for Michigan on
Q: I am a non-US citizen with a bench warrant from Mass. If a court vacates my warrant, can I get through US customs?

A lawyer said they would file a motion to dismiss the warrant and set a new court date and that I had a very good chance of getting the warrant dismissed. Once the warrant was dismissed, could I fly into the US to attend my court date? Or do I risk being stopped by US customs and sent back to my... View More

James L. Arrasmith
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answered on Jul 20, 2024

If your warrant is vacated, it significantly improves your chances of entering the US. However, entry is not guaranteed. Even with the warrant dismissed, US customs can still conduct their own review and may take your past charges into consideration.

When traveling to the US, bring all...
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1 Answer | Asked in Immigration Law for Michigan on
Q: Hi on the i-129f does the U.S. petitions background check has to be done and cleared before send to NVC ?
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answered on Jul 18, 2024

No, the U.S. petitioner's background check does not have to be completed and cleared before the I-129F petition is sent to the National Visa Center (NVC). The background check is part of the process but isn't required to be fully completed before the petition moves forward to the NVC.... View More

1 Answer | Asked in Family Law, Immigration Law and Domestic Violence for Michigan on
Q: move to states with abusive partner (American) and kids. She put all funds in her account and wants me out, what to do?

I am writing to seek urgent legal assistance regarding my current situation. I recently moved to the United States with my wife and our two daughters. Before moving, I was the primary caregiver for our children and managed our home while also working, as my wife attended medical school.

Our... View More

James L. Arrasmith
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answered on Jun 27, 2024

This is a complex and concerning situation involving multiple legal issues. Here's an overview of some key points to consider and potential steps you might take:

1. Immigration Status:

- Without a valid visa or green card application in process, your immigration status is...
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1 Answer | Asked in Immigration Law and International Law for Michigan on
Q: I changed status from B-2 to F-1.If I go to my home country now can I convert F-1 status to F-1 visa? Can I do dropbox

I applied for a change of status to attend classes this Fall semester. Now I want to visit my home country during winter break. So with the F-1 status if I go back to my home country; I will need a F-1 visa to return to the USA. Can I get the visa with my F-1 status or is it non permissible to... View More

James L. Arrasmith
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answered on Jun 26, 2024

Here's an overview of the situation and the key points to consider:

1. Change of status from B-2 to F-1:

You've already changed your status within the US from B-2 (tourist) to F-1 (student). This change of status is valid only within the US.

2. Traveling outside...
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1 Answer | Asked in Immigration Law for Michigan on
Q: I need to submit F-1 pending I-130? What are my chances?

I have my original F-1 in 2019 and after finishing Bachelors I moved to a postgrad with valid I-20. My original visa ends in another 2 months. My mother, LPR submitted an I-130 for me last year. Now my research work needs international visits and I need to go home and get new F-1 stamp. How should... View More

James L. Arrasmith
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answered on May 13, 2024

Applying for a new F-1 visa while having a pending I-130 petition can be challenging because the F-1 visa requires proof of non-immigrant intent, while the I-130 indicates immigrant intent. To improve your chances, you need to demonstrate that your primary goal is to complete your studies and... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: I got my reinstatement denied

On December 8, 2023, you filed a Form I-539, Application to Extend/Change Nonimmigrant Status with U.S. Citizenship and Immigration Services (USCIS).

After careful review and consideration of the entire record, your Form I-539 is denied for the reason(s) discussed below.

Section... View More

James L. Arrasmith
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answered on May 2, 2024

I'm sorry to hear that your Form I-539 application to extend or change your nonimmigrant status was denied. This can understandably be frustrating and disappointing.

The reasons cited for the denial appear to be based on your current status as a parolee. The Immigration and...
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1 Answer | Asked in Immigration Law for Michigan on
Q: Can I enter the USA on L 1 B visa while married to a USC? I intend to apply for a green card after being in the US for a

I am a Canadian citizen who is getting married in November 2024 to a USC. My employer wants me to start a job in January 2025 in the States. My employer is going to sponsor me on an L1 visa, as a I meet all of the requirements for it. Will this be an issue applying for this visa after I am married... View More

James L. Arrasmith
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answered on Apr 30, 2024

As a Canadian citizen married to a U.S. citizen (USC), you should be able to enter the United States on an L-1B visa without facing any significant issues, even after getting married. The L-1B visa is a nonimmigrant visa that allows intracompany transferees with specialized knowledge to work in the... View More

1 Answer | Asked in Immigration Law and Education Law for Michigan on
Q: I am an F1 visa student in my OPT period right now can I work remotely for a US-based company for a commission-based job
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answered on Apr 17, 2024

As an F1 visa student currently in your Optional Practical Training (OPT) period, there are some important considerations regarding your employment options:

1. Your employment must be directly related to your field of study.

2. You can work for a US-based company, but the company...
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1 Answer | Asked in Immigration Law for Michigan on
Q: A friend has an expired visa and was ticketed by the tunnel border crossing and has court Wednesday what should we do
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answered on Mar 24, 2024

If your friend has been ticketed for crossing the border with an expired visa and has a court date set, it’s crucial to take immediate action. The first step should be to gather all relevant documents, including any proof of the initial visa, identification, and any correspondence related to the... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: My dear friend Juan's visitor Visa expired in April of 2023. He has a ticket to appear in court Wednesday

We would like information on what we need to do for his upcoming hearing. He was ticketed at the tunnel border crossing to Canada in Detroit Michigan

James L. Arrasmith
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answered on Mar 24, 2024

For your friend Juan's upcoming court hearing related to his visa situation, it's essential to gather all relevant documents first. This includes any paperwork related to his visa, the ticket received at the border, and any other legal or identification documents. Preparing a detailed... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: Dual citizen files what motion for judge to declare name changed by marriage years ago in MI?

My wife has dual citizenship and needs to update a Russian passport that still has her maiden name. Both US and Russian passports should match. The Michigan Marriage License with Apostille is not sufficient for the Russian consulate. They claim nothing on the MI marriage license states her name... View More

James L. Arrasmith
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answered on Feb 22, 2024

It seems like you're facing a bureaucratic hurdle in getting your wife's Russian passport updated to reflect her married name, despite her legally changing her name through marriage in Michigan. To address this, you may need to file a motion with the court requesting a formal declaration... View More

3 Answers | Asked in Immigration Law, Child Support and Family Law for Michigan on
Q: Does having debts or is behind on child support hinder in the acceptance of a marriage or fiance visa?

I have an ecuadorian boyfriend and we wish to marry but one,we can't decide between the marriage or fiance visa and two, will his debts give him a denial. Also the marriage visa asks for a beneficiary/sponsor and is that necessary? Can I be his sponsor? I'm a little overwhelmed and... View More

T. Augustus Claus
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answered on Feb 7, 2024

In the context of U.S. immigration law, especially for Michigan or any other state, having debts or being behind on child support can impact the application process for a marriage or fiancé(e) visa, but not always directly in terms of eligibility. The primary concern for these visa categories,... View More

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1 Answer | Asked in Contracts, Family Law and Immigration Law for Michigan on
Q: how do i sue my sponsor?

my wife was recently arrested for dv and the judge issued a no contact order. the charges lead to her family blaming me and now they refuse to help me with the bare minimum. they are also trying to force me out of the country before my wifes trial where i wish to attend to help my wife.

My... View More

James L. Arrasmith
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answered on Jan 1, 2024

In your situation, where you feel that your rights under an immigration sponsorship agreement are being violated, it's important to understand the legal obligations of a sponsor. When someone sponsors an immigrant, they sign an Affidavit of Support, which is a legally enforceable contract with... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: What questions are likely to be asked at a 751 interview when it appears USCiS has strong concerns?

Had a surprise home visit. Wife had moved out a few months prior. 751 scheduled only two months after home visit. 797C asks for evidence of legitimacy of marriage since “adjustment of status.” How likely is it the interview will become aggressive, asking very personal questions, if we are still... View More

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answered on Nov 12, 2023

In a Form I-751 interview, when USCIS has concerns, the questions will likely focus on the authenticity and history of your marriage. Expect inquiries about your relationship timeline, shared experiences, and reasons for any recent changes in living arrangements. They may ask detailed and personal... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: My wife and I have been scheduled for a 751 interview. Should we both take bank statements from our individual accounts

We don’t have joint checking accounts or any other kind of joint financial records.

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answered on Nov 10, 2023

For your upcoming Form I-751 interview, it's important to bring documents that demonstrate the bona fide nature of your marriage. Even if you don't have joint financial accounts, individual bank statements can still be relevant. These statements can show regular transactions that reflect... View More

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