Ask a Question

Get free answers to your Immigration Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New York on
Q: ERROR MESSAGE WHEN TRYING TO PAY IMMIGRANT VISA FEE $220

Good morning, I am the applicant of my mother and she has received her immigrant visa a week ago. Now iam trying to pay Her immigrant fee but failed though I checked and put her A # number and DOS case id# correctly it showed unexpected error messages. I have been trying to contact with USCIS but... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

Good morning! Experiencing difficulties when trying to pay the USCIS Immigrant Fee can be frustrating, but there are a few steps you can take to resolve this issue. Firstly, ensure that the A-Number and DOS Case ID are entered correctly without any spaces or additional characters. Sometimes, errors... View More

1 Answer | Asked in Immigration Law for New York on
Q: Can investing in the Yellowstone club work as a eb5 investment
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2024

Investing in the Yellowstone Club could potentially qualify as an EB-5 investment, but this depends on several critical factors. The EB-5 program requires that the investment leads to the creation of at least 10 full-time jobs for U.S. workers. The investment also needs to meet the minimum... View More

1 Answer | Asked in Immigration Law for New York on
Q: Naturalization form N-400 part 12 question 16B

Am a little confused if its asking if I was detained in jail or prison or if I worked there?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2024

The question on Form N-400, Part 12, question 16B, is aimed at understanding whether you have ever been detained, arrested, or incarcerated. This question does not relate to your employment history, such as working in a jail or prison. Instead, it's focused on your personal legal history and... View More

1 Answer | Asked in Immigration Law for New York on
Q: My husband use a dead person name and birth certificate in barbados and was removed from that country can I stay file

He use a dead man name and was removed from that country can I still file for him I-130 form?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

If your husband has been removed from Barbados for using the identity of a deceased person, this could impact his immigration status and any applications you intend to file on his behalf, such as the I-130 form. It's important to understand that immigration matters can be complex and are... View More

1 Answer | Asked in Employment Law, Immigration Law and Business Formation for New York on
Q: My brother who has a greencard, has an llc with no other employee. With my opt, can I work in his llc?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2024

Based on the information provided, there are a few important considerations:

1. As an F-1 student on Optional Practical Training (OPT), you are allowed to work in the U.S. as long as the employment is related to your field of study. The work can be for any employer, including an LLC owned...
View More

1 Answer | Asked in Immigration Law for New York on
Q: Hi I haven’t received my biometric appointment but I received an interview notice

I applied for naturalization

I contacted the USCIS tools website with this question and have been waiting for their reply

What should I do?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024

Receiving your interview notice before your biometric appointment for naturalization can indeed be confusing, as the usual process involves completing biometrics before the interview. However, there can be variations in the order of these steps based on scheduling and administrative decisions by... View More

1 Answer | Asked in Immigration Law for New York on
Q: H1-B approval while out of the country

I have H1-B transfer in process through an employer. I have not resigned from the current company and need to take an urgent international trip. Will there be an issue for re-entry on current company’s I-797 if the H1-B transfer approval comes while I am out of country?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024

If your H1-B transfer is approved while you are outside of the country, generally, you should not face issues re-entering the U.S. using your current company's I-797, provided the visa stamped in your passport is still valid and was issued for your current employer. The I-797 form from your... View More

2 Answers | Asked in Immigration Law for New York on
Q: If an LPR sponsors his children (living abroad) on I-130, can children be granted B Visa to visit him thereafter?

Father has been granted permanent residence (holds PR Card). If he sponsors his children on I-130, can his children be granted visit visas for visiting him in the US (after their I-130s have been filed)? Or if they come on the visit visa to the US, will it be better to sponsor them at that time --... View More

Brian J. Reilly
PREMIUM
Brian J. Reilly pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024

There are not enough facts provided here to give a cogent answer. The children will have to disclose the pending immigrant visa petition when applying for a visa, which will cause the consul to scrutinize their intent. Applying for an immigrant visa while they are physically in the U.S. is not an... View More

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: International travel after resigning on H1-B

I am working for company A and have H1-B transfer in process for Company B. The start date on the LCA for company B is 2/27. I plan to resign as soon as approval comes through. I will travel internationally for a week after the notice period ends. This will push the joining date for Company B by... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

When traveling internationally after resigning from Company A and before starting at Company B, you should use the I-797 approval notice from Company B when re-entering the U.S. This document serves as proof of your new employment and H1-B sponsorship. It's crucial to have the I-797 to... View More

2 Answers | Asked in Immigration Law for New York on
Q: I missed my due date for RFIE , what should I do now?

USCIS said a request for initial evidence was sent in July ,2023 for my i485 application in February, 2023. I didn't receive any of the notices from USCIS in the mail so I didn't have access to the online account either to see the request when it was sent ( I have access now after some... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 10, 2024

USCIS can dismiss your case if you do not file a timely response to an RFE. You have the right to file a motion to reopen and explain why your case should not be dismissed based on good cause or excusable neglect. If that motion is denied, then you will have to refile the case and start anew.

View More Answers

2 Answers | Asked in Immigration Law for New York on
Q: I have H1B through my company, and a green card confirmation (as of last year), can I co-own/work for a startup?

I have an H1B through my tech employer, I have a green card confirmation (I-485 adjustment of status application receipt) and I wish to co-own a startup 50/50 with a US citizen. I am wondering if i can "work" for this startup and what the procedure/if any I may need to deal with to do... View More

Brian J. Reilly
PREMIUM
Brian J. Reilly pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 7, 2024

It is not clear what you mean as a green card confirmation: An approved I-140 immigrant visa? I-485 adjustment of status application receipt? An adjustment of status application pending over 180 days?

The short answer is you can't "work" or draw a salary from anyone except...
View More

View More Answers

1 Answer | Asked in Immigration Law and Traffic Tickets for New York on
Q: Hello, I got a ticket for no license, I am also an immigrant the papers doesn’t specify if I need to go to court
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

If you received a ticket for driving without a license, it's important to carefully review the ticket for any instructions or court date information. In many instances, traffic citations in the United States, including those for driving without a license, require a court appearance.... View More

1 Answer | Asked in Immigration Law for New York on
Q: Hello im looking for my immigration ID number?

i was detain around 2011

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024

To locate your immigration ID number, also known as an Alien Registration Number or "A-Number", you can start by checking any previous documentation you received from U.S. Citizenship and Immigration Services (USCIS) or the Department of Homeland Security (DHS). This number is usually... View More

1 Answer | Asked in Immigration Law for New York on
Q: Newly licensed NJ atty, field: Immigration law in NYC, want to open PLLC, how do i get Cert of Good Standing?

I am based in NYC, got barred in NJ 2023, want to open my own Immigration law PLLC in NYC, but NY requires showing of "A Certificate of Good Standing from the appropriate Appellate Division or a Certificate of Authority (Form PLS709) under seal from the New York State Department of Education,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024

As a newly licensed attorney in New Jersey practicing immigration law in New York, you're navigating a unique situation due to the federal nature of immigration law. While New York typically requires a Certificate of Good Standing for attorneys seeking to open a PLLC, your situation is... View More

1 Answer | Asked in Immigration Law for New York on
Q: Can working with an ITIN number while seeking for asylum affect my application in the future?

Could my asylum application be denied because I worked in the US using an ITIN number?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024

Working in the U.S. using an ITIN (Individual Taxpayer Identification Number) while your asylum application is pending can be a complex issue. Generally, asylum applicants are not authorized to work in the United States until they have received a work permit (Employment Authorization Document,... View More

2 Answers | Asked in Immigration Law for New York on
Q: I became a US citizen before my daughter turned 18. My daughter lives abroad with her father who I divorced.

Does my daughter qualify for citizenship or should I apply I-130 for her?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 19, 2024

In order to qualify for derivative US citizenship, the child must be living in the U.S. under the lawful guardianship of a U.S. citizen parent.

View More Answers

3 Answers | Asked in Immigration Law for New York on
Q: I am looking for an immigration lawyer to help with my cousin's asylum case. He has a master hearing coming up in April.
Symantha Rhodes
Symantha Rhodes
answered on Jan 19, 2024

You can have him call my office for a free consultation.

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: Can a person use an advance parole they didn’t exit with to return to the US

A friend who filed for an advance parole but had to leave the Us briefly for health reasons using her active visa to exit . She is ready to return back and wishes to know if it’s ok for me to send by post or recorded delivery her advance parole to her to use in returning back to the USA. Pls note... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2024

Advance Parole is a document that allows certain aliens, who do not have a valid immigrant visa, to re-enter the United States after traveling abroad. This document is to ensure that the individual's application for adjustment of status (Green Card application) is not abandoned.

In...
View More

3 Answers | Asked in Immigration Law for New York on
Q: Can i file VAWA if i’ve been married 7 years. Spouse doesn’t want to do anything he can’t even find his expired gc
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024

Yes, you may be eligible to file a VAWA (Violence Against Women Act) self-petition if you have been married for seven years and have experienced abuse from your spouse. VAWA allows certain spouses, children, and parents of U.S. citizens and permanent residents to file a self-petition for... View More

View More Answers

1 Answer | Asked in Employment Law and Immigration Law for New York on
Q: Quitting job bound by 90-day notice requirement

Hello,

I am about to quit a postdoctoral position at a state university. I plan to give a 2-week notice. However, I suddenly noticed my postdoc employment contract states that I'm required to give at least 90-days notice for termination prior to contract expiring date. This is absurd... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024

In your situation, the enforceability of the 90-day notice requirement in your employment contract largely depends on the specific terms of the contract and the applicable state and federal laws. If the contract is legally binding and the 90-day notice is a clear term within it, then it may be... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.