Get free answers to your Immigration Law legal questions from lawyers in your area.
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answered on Dec 19, 2024
Yes, your parent can travel outside the United States using advance parole while their I-130 (Petition for Alien Relative) and I-485 (Adjustment of Status) applications are pending. However, they must obtain the advance parole document (Form I-131) and have it approved before departing the country.... View More 
I have been working for a software company on an H1B visa since October 2023. I am residing in the same city. My H1B petition and LCA have been filed accordingly. Now, I have started working on a new project which allows me to do remote work. So, I am planning to move out of the state and reside... View More
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answered on Dec 15, 2024
When considering a temporary relocation while on an H1B visa, the requirements depend on several key factors. The law generally requires an amendment and new LCA if you work from a location outside the geographic area covered by your original LCA, even for remote work.
Your situation -... View More
Can a US citizen in NJ be accused of harboring his undocumented immigrant brother if his mailing address is being used by his brother? The brother who is undocumented does not live in their house. He lives in an RV Park.
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answered on Dec 14, 2024
Based on U.S. immigration law, simply allowing someone to use your mailing address does not constitute harboring an undocumented immigrant. The legal definition of harboring typically involves concealing, housing, or shielding someone from detection by authorities.
Since your brother is not... View More
Hello,
My passport is valid until April 2025 and have initial H1B visa stamping on this passport until Oct 2024. I changed my employer and got i797 approval until Dec 2026 in Jan 2024. After getting approval I travelled to India in March 2024 and returned to USA without visa stamping since... View More
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answered on Dec 11, 2024
Based on your situation, you would not be eligible for automatic visa revalidation (AVR) at this time. The key issue is that your current visa stamp and new I-797 are from different employers, which disqualifies you from using AVR to reenter from Canada or Mexico.
The automatic visa... View More
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answered on Dec 7, 2024
For the I-864 Affidavit of Support, you can indeed use income reported on Form 1099-R as part of your total household income calculation. This includes retirement income, pensions, and annuities that are reported on this form.
When calculating your income for the I-864, you'll need to... View More
My wife (Canadian citizen) is filling her application N-400 for citizenship. In one of the questions, she's asked if she has been cited by an immigration official for any reason. In 2019 when she tried to obtain TN visa as part of NAFTA, her visa was denied at Toronto airport and she was... View More
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answered on Nov 18, 2024
Yes, you should mark "Yes" on the N-400 form regarding being cited by an immigration official, as the I-275 form constitutes an official immigration documentation of the visa denial and withdrawal of application.
When answering questions on immigration forms, it's always... View More
Should I file B2? And wait for H1B transfer to be filed to maintain legal status
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answered on Nov 15, 2024
Your grace period ending on November 29th creates a time-sensitive situation that needs careful attention. Filing for B2 status before your grace period expires could help maintain your legal status while waiting for the H1B transfer process.
If your new employer hasn't filed the LCA... View More
I am married to his father who is in the USA under a TPS status. we were married in 2022. for a few months my stepson was relocated to Dominican republic, due the the high rate of violence, and lack of infrastructure. he was recently deported back to Haiti because of the huge immigrant clean-up... View More
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answered on Oct 10, 2024
I'm sorry to hear about the difficulties you're facing in bringing your stepson to the United States. It must be incredibly stressful dealing with these urgent circumstances.
Given that your husband is in the U.S. under Temporary Protected Status and you're married to him,... View More
Two main questions.
1) Is it legal to sell the website in case someone makes an offer?
2) Can the website be monetized? Like through subscriptions or donations. Possibly setting it up as a company of some sort
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answered on Sep 30, 2024
If you are an F1 student in the U.S., you need to be cautious about engaging in any kind of employment, including monetizing a website. Selling a website is considered a transaction, and since F1 students are limited to certain types of work (like on-campus jobs or approved internships), selling a... View More
Current Status of the Employee:
The employee holds an I-485 EAD, and their I-485 has been pending for over 180 days, with a priority date of July 2013. They have approved I-140s for both EB2 and EB3. Initially, they filed under EB2, downgraded to EB3 for the I-485, and then interfiled with... View More
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answered on Sep 18, 2024
Yes, you can join the new company, assuming the job is in the same or a similar role, even if the company cannot provide a new 485J. Since your I-485 has been pending for over 180 days and your previous 485J has been approved, you are not necessarily required to submit a new 485J immediately upon... View More
I currently live in New Jersey, USA, on an L1B visa, and my wife holds an L2 visa. We’re considering starting an LLC for a wholesaling business, which would involve my wife and my brother (who lives outside the U.S.). I would only act as a silent partner, providing financial investment if needed,... View More
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answered on Sep 12, 2024
As an L1B visa holder, your primary focus must remain on your employment with the company that sponsored your visa. Engaging in any form of active management or employment in a business outside of your L1B sponsor could potentially violate the terms of your visa. However, passive investment, where... View More
My husband is a US citizen. And he has applied i130 for me. It has been approved and i have got an interview date. My baby has born recently. Crba was rejected due to lack of physical presence. Now what could we do?
how i can i take my baby with me to US? Can i take her for my interview... View More
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answered on Sep 7, 2024
To bring your baby to the U.S., you will need to apply for a visa for her separately since the CRBA (Consular Report of Birth Abroad) was denied. Since your I-130 petition has been approved, you may be able to include your baby in your immigration process. You should contact the U.S. embassy or... View More
If there is no record of my entry into the United States
answered on Sep 2, 2024
You must tell the truth even if you believe there is no record.
My husband (US Citizen) and I have been married for 4 years and currently reside in the US. When I married him, he was a permanent resident back then. At first, we tried to seek legal advice to check if I could adjust my status within the US with an overstayed visa; and the attorney told us I... View More
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answered on Aug 26, 2024
Yes, you should explain the previous denial on your new Adjustment of Status (AOS) application. It's important to provide complete and honest information on your application, including any previous petitions that were denied. This helps to avoid any issues or delays in processing.
When... View More
My husband (US Citizen) and I have been married for 4 years and currently reside in the US. When I married him, he was a permanent resident back then. At first, we tried to seek legal advice to check if I could adjust my status within the US with an overstayed visa; and the attorney told us I... View More
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answered on Aug 26, 2024
Yes, you should explain the previous denial on your new Adjustment of Status (AOS) application. It's important to provide complete and honest information on your application, including any previous petitions that were denied. This helps to avoid any issues or delays in processing.
When... View More
I have applied for my wife and son on an F2A case to come to the US. They have their interview on September 9, 2024. I have also applied for naturalization for myself and my oath is on September 27, 2024. If their visa gets approved on September 9 and I take my oath on September 27, will there be... View More
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answered on Aug 15, 2024
If you become a U.S. citizen before your wife and son immigrate on their approved F2A visas, it could potentially complicate their case. The F2A visa is specifically for the spouses and minor children of U.S. permanent residents. Once you become a citizen, they may no longer qualify under the F2A... View More
My waiver will be approved soon . Applied in 2021 November
US embassy already scheduled the interview last year then I contacted them and inform about pendinh 601a waiver and hold my interview until get the decision from USCIS however they cancelled my pettion today
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answered on Jul 23, 2024
If your visa petition was canceled due to a lack of contact with the embassy, you may need to start the process again. Contact the U.S. embassy to confirm the cancellation and understand their specific instructions for reapplying. They may provide guidance on how to proceed or if there's an... View More
I completed my master's degree in summer 2023 as an international student. Unfortunately, my OPT application was rejected due to applying outside the 30-day rule, resulting in the termination of my SEVIS record. Subsequently, I was admitted to a new university, obtained an F1 visa stamp in... View More
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answered on Jul 20, 2024
You should proceed with applying for the H1B visa since your employer has already offered it to you, and the lottery was successful. This visa will allow you to work full-time and transition from your student status to a work visa, providing stability and a clear career path.
For the... View More
I am currently on an H1B visa with my PERM application in progress, and my wife is in her first year of OPT on an F1 visa. We need to travel to India for my sister's wedding. Can my wife re-enter the U.S. smoothly with a valid F1 visa stamp?
I will likely receive my PERM decision... View More
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answered on Jun 27, 2024
To address this question thoroughly, let's break it down into key points and considerations:
1. Your wife's current status:
- F1 visa holder
- In her first year of OPT (Optional Practical Training)
- Has a valid F1 visa stamp
2. Your status:... View More
If the asylum clock is stopped due to a request for time from the judge to bring a lawyer, when will it return to counting? Will it return after it was stopped, or will it make up for the period during which it was stopped?
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answered on May 21, 2024
When an asylum applicant requests additional time to find an attorney, the immigration judge may grant a continuance and stop the asylum clock. The asylum clock will resume on the date of the next hearing after the continuance.
However, the asylum clock will not make up for the time period... View More
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