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Pennsylvania Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Pennsylvania on
Q: What happens when apply for Fiancee Visa, get married, then apply for Spouse Visa?

Hallo!

We are juuuuuust trying to spend time together. We are older (55 and 61); the sands of time...

I get you will do your due diligence and request we be sure we're good for one another and appreciate that; spend more time, together, etc. We are both professionals and... View More

James L. Arrasmith
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answered on May 14, 2024

In the scenario you described, there are a few potential issues and complications to consider:

1. If you apply for a K-1 fiancé(e) visa and get married in Thailand before the visa is issued, it could lead to the denial of the K-1 visa. The K-1 visa is intended for couples who plan to marry...
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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Will online marriage bring my Fiancee and I together more quickly?

My Thai Fiancee and I have known one another for a year and a half. Tang is 55, I am 61; we both work FT and are both degreed. She is an accountant and I am a software developer. I get 3 weeks of vacation. I have a 14yo son who has spring vacation and summer off. Our vacation time has to happen... View More

James L. Arrasmith
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answered on May 11, 2024

Online marriage, also known as a proxy marriage or a virtual wedding, is a legal process where couples get married without being physically present in the same location. While this option might seem like a way to expedite your marriage and start the spousal visa process earlier, it's important... View More

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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

James L. Arrasmith
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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 Pennsylvania on
Q: My brother came to the US in 2016 with visitor visa, he was 17 years old at the time, was coming from Central America

his parents were being threatened by gangs members and my brother was a target, we didn’t know that he could qualify for asylum at that time and he overstay his visa, in 2019 we were about to hire an attorney but our mom was visiting from our country and was suddenly diagnosed with stage 4 cancer... View More

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you've provided, there might be a few potential options for your brother to explore besides getting married, depending on his specific circumstances. Here are a few possibilities:

1. Asylum: If your brother was threatened by gang members in his home country and...
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1 Answer | Asked in Family Law and Immigration Law for Pennsylvania on
Q: Hi, my name is Juliette and I'm 16. I'm a resident of PA but I currently live in Portugal with my parents. I wish to

move back to PA but my parents want to stay in Portugal. I was hoping someone could help me figure out how to get emancipated so I could live on my own without my parents.

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answered on Mar 18, 2024

Hi Juliette, I understand that you're facing a challenging situation and are looking for ways to live independently in Pennsylvania (PA). Emancipation laws vary by state, but generally, they allow a minor to become responsible for their own welfare and make decisions independently of their... View More

1 Answer | Asked in Family Law and Immigration Law for Pennsylvania on
Q: I live in Portugal on a D8 visa and i am a US citizen. My mom wishes to appoint my friend from Pennsylvania guardianship

Can she appoint my friend guardianship of me while living in Portugal?

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answered on Mar 11, 2024

As a US citizen living in Portugal on a D8 visa, your legal status and guardianship arrangements are subject to both US and Portuguese laws. In general, guardianship is appointed by a court when an individual is deemed incapable of making decisions for themselves, usually due to age (being a... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: would I acquire citizenship through my US father, i was born 6 years after he became a citizen. However i am now 34

he has also passed away. I have his death certificate and also his naturalization certificate, his name is also on my birth certificate

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answered on Feb 22, 2024

You may be eligible for U.S. citizenship through your father, considering he was a U.S. citizen at the time of your birth and you have the necessary documents, such as his naturalization certificate and your birth certificate with his name on it. The laws governing citizenship through parentage... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Traveling on employment based AP while spousal i485 pending

I just got my employment based AP renewed. I also have spousal green card application pending that was started last year without I131. Can I still travel on the employment based AP while my spouse based application is still being processed?

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answered on Feb 21, 2024

Yes, you can travel on your employment-based Advance Parole (AP) while your spouse's green card application is pending. The AP allows you to re-enter the United States after traveling abroad while your adjustment of status application is pending. It is separate from your spouse's... View More

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: political asylum seekers.

My husband and I are asylum seekers. We have already filed Form I 589. Can we have your help (consultation and representation in court of our case)?

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answered on Feb 22, 2024

It's essential to seek assistance from qualified immigration attorneys or accredited representatives who specialize in asylum cases. They can provide consultation, representation, and support throughout the asylum process, including preparing for court hearings and presenting your case... View More

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1 Answer | Asked in Family Law, Immigration Law and Landlord - Tenant for Pennsylvania on
Q: Can my petitioner (father) evict me after I’ve arrived to the USA? I’ve only been for 2 weeks, green card hasn't arrived

I just moved here, haven’t even received my green card. My dad which is my petitioner just handed me an eviction letter. I’m 19 to be 20 in few months. Nowhere to go, don’t know no one here, eviction letter says that I have 30 days to vacate.

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answered on Feb 4, 2024

If your father, who petitioned for you to come to the United States, has given you an eviction letter, it's important to understand your rights and options. As a green card holder, or even if your green card has not yet arrived, you have certain protections under U.S. law. However, housing... View More

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: What happens if my proposed endeavor for NIW fails? Will it affect I485?

For my NIW application, part of my evidence was a paper I was working on that was submitted for publishing in an academic journal. However, the paper did not get accepted. If my I140 petition is approved, will this be a problem for adjustment of status?

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answered on Feb 1, 2024

If your proposed endeavor for the National Interest Waiver (NIW) ultimately fails, it should not directly impact your pending I-485 adjustment of status application, assuming your I-140 petition has been approved. The I-485 application primarily focuses on your eligibility for lawful permanent... View More

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1 Answer | Asked in Tax Law and Immigration Law for Pennsylvania on
Q: Hi, I did not file my taxes in 21-22 year since I was new to USA, will it affect my H1B application ?

Also, can I file it now? If yes, can I do it by myself on turbotax or sprintax?

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answered on Jan 23, 2024

No, not filing taxes for the 2021-2022 tax years should not directly affect your H-1B visa application with USCIS. There is no requirement that your taxes be filed as a condition of applying for or obtaining an H-1B.

However, you should still file any tax returns for prior years where you...
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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: what are the possibilities to get legal? i been in the us for close to 40 years illegally

i have 2 natural born citizens children age 7 and 9 that live with me but it is getting harder to find jobs under the table to support them i entered the us from canada back in the days it was a open border and my then wife ( us citizen ) pick me up in canada i am a german citizen

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answered on Jan 12, 2024

Given your situation, there are a few paths to consider for legalizing your status in the United States, but each has its own complexities and challenges. Since you have been in the U.S. for nearly 40 years and have U.S. citizen children, these factors may play a significant role in your case.... View More

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Marrying on an ESTA but not staying in the country?

I'm planning on marrying a british citizen and moving to the U.k., and we're hoping to get married here in the US before he leaves and I join him later. Do we have to get him an actual visitor visa or is an ESTA enough for a courthouse wedding?

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answered on Dec 5, 2023

Under California law, a British citizen can enter the United States using the Electronic System for Travel Authorization (ESTA) for the purpose of getting married, provided the stay is short and the intention to leave the U.S. after the ceremony is clear. The ESTA allows visitors to stay for up to... View More

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: What will the IS official do if they are informed at the 751 interview the couple is divorcing?

The couple files a marriage based 751 together, receive notice of the interview, go to the interview together, but inform IS they are separated and planning on filing for divorce (but have not yet filed for divorce). What will the interviewing officer do in this situation?

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answered on Nov 27, 2023

In this scenario, if a couple attending a Form I-751 (Petition to Remove Conditions on Residence) interview informs the USCIS officer that they are separated and planning to divorce, the officer's response will be guided by USCIS policies and the specifics of the case. Typically, the officer... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I have an I-485 pending and I also have an I-130 approved I’m getting my green card because my mom got married with a US
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answered on Nov 26, 2023

If your I-485 application is pending and your I-130 has been approved, this is a positive step towards obtaining a green card in the United States. The approval of the I-130 petition indicates that the U.S. Citizenship and Immigration Services (USCIS) has recognized the familial relationship, in... View More

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: My son’s girlfriend is from China and is attending graduate school here to get her master’s degree. She would like to

Stay and find work by obtaining a green card through an employer. If she can not find work before her visa runs out they are thinking of getting married because they eventually want to wed. Can she marry my son and get a green card and work in the U.S. but not give up her Chinese citizenship? She... View More

Adan Vega
Adan Vega
answered on Nov 20, 2023

Your son's girlfriend can continue to seek out job offers and also her optional practical training (OPT) prior to graduating. She can also explore the H-1B status with a prospective employer.

As to marriage to your son, you did not specify the immigration status of your son. Without...
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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: N-400 continuous residency break or can i overcome?

Overcome continuous residency

Hello everyone! Im currently in process of getting citizenship. I have been a gc holder for 5 years and I went to my biometrics appointment last Wednesday. Now im trying to get ready for interview process.

When i got the gc i was in my senior year at... View More

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answered on Nov 10, 2023

Regarding your concern about breaking continuous residency for your N-400 application, it's important to note that trips outside the U.S. for more than six months but less than a year can potentially disrupt continuous residency.

However, if these trips were for a specific purpose...
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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: How can I hold my Green Card Visa status if I move back to Brazil?

I've been in the USA for the past 10 years, initially under a work Visa and since 2021 as a permanent resident/ GREEN CARD HOLDER. The same company I worked for in Brazil was the sponsor for my process here in the USA and now they are offering me a position back in Brazil that I want to... View More

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answered on Nov 9, 2023

To maintain your Green Card status while living outside the U.S., you need to show that you have not abandoned your U.S. residence. One option is to apply for a reentry permit using Form I-131 before leaving the U.S. This permit allows a permanent resident to stay outside of the U.S. for up to two... View More

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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: I'd like to consult on transferring my L1B visa to a new employer. What's the process, potential challenges, documents.

I am currently on an L1B visa sponsored by 'Tata Consultancy Services' and I am considering a job change. I would like to seek your professional advice regarding the process of transferring my L1B visa to the new employer.

specifically, I have questions regarding the potential... View More

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answered on Oct 22, 2023

Transferring an L1B visa directly to a new employer is not possible in the way that H1B visas can be transferred. If you wish to change jobs, the new employer would need to sponsor a different type of visa for you, such as an H1B or another applicable category. The specific process, timeline, and... View More

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