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Pennsylvania Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Pennsylvania on
Q: My mother is a green card holder. She stayed a year and half outside us.

My mother is a green card holder. She went out of usa with the intention of coming back after 5 months. But due to my father heath she had to take care of him taking him to his dialices appointment she stayed one year and a half out sitde the us. My father passed away and now she want to come back.... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 25, 2024

A green card holder who stays outside the US for a continuous period of over a year loses the LPR status. She will need to apply for an SB-1 (returning resident) visa. Work with an immigration lawyer

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I sent I-360 I -485 I-765 and I-131 together but it s has been a month now I have not received anythin from uscis .

on the tracking number the uscis nebraska center received my package so is it normal to not receive nothing ? how do I contact them about this ?

James L. Arrasmith
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answered on Sep 25, 2024

It can be normal for USCIS to take some time to send receipt notices, but a month is slightly longer than usual. Typically, you should receive a receipt notice within 2-4 weeks after they receive your application. Delays sometimes happen due to high processing volumes or other factors.

To...
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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Canadian immigration: I am US citizen and father is Quebecois. How do I get my wife citizenship?

I am in the process of formalizing my citizenship. We'd like to get my Thai Wife (and Son) citizenship as well. How to?

The plan had been to move to Toronto next summer, as seems getting Canadian citizenship would be easier. But Son's decided he wants to finish his HS here... View More

James L. Arrasmith
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answered on Aug 30, 2024

To help your wife and son gain Canadian citizenship, the first step is for you to obtain your Canadian citizenship through your father, if you haven't already done so. Since your father is Quebecois, you may be eligible for Canadian citizenship by descent. Once you have formalized your status,... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Canadian immigration: I am US citizen and father is Quebecois. How do I get my son citizenship?

I am in the process of formalizing my citizenship. We'd like to get my Son citizenship as well. How to? He is 14, if that matters.

We had planned on moving to Toronto next summer, but he's decided he wants to finish his HS here (he's in a top-rated and very special school,... View More

James L. Arrasmith
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answered on Aug 30, 2024

To get Canadian citizenship for your son, you need to first confirm your own citizenship. If your father is Quebecois and you are eligible for Canadian citizenship, you may be able to pass citizenship to your son. This usually involves proving your own Canadian citizenship and providing evidence of... View More

1 Answer | Asked in Family Law, Immigration Law and Social Security for Pennsylvania on
Q: Can I change my name in the US while residing abroad?

I am a US citizen (born in PA and have lived in OH, NY, MD, and MI) but have been living in Germany for the past 3 years. At the beginning of this year, I got married and I wanted to change my last name to take my husband’s last name, but I also want to change my middle name to my maiden name. In... View More

James L. Arrasmith
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answered on Aug 5, 2024

Changing your name in the US while residing abroad can be a bit complex, but it is possible. To change your name, you generally need to file a petition with the court in the state where you last resided or where you have some form of residency connection. Since you have a birth certificate from... View More

1 Answer | Asked in Immigration Law, Real Estate Law, Land Use & Zoning and Municipal Law for Pennsylvania on
Q: What lawyer do I need for house condemnation?

My house was condemned unfairly. It is not unsafe or unsanitary. My kids and I are now homeless. I appealed and have a hearing in August. City officials are saying I don't have a chance no matter what I do. Even if I do what they are saying is making it condemned. How can I fight this? I need... View More

James L. Arrasmith
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answered on Jul 18, 2024

You need to consult a real estate attorney who has experience dealing with property disputes and local government regulations. This type of lawyer can help you understand the specifics of your case, gather necessary evidence, and represent you at your hearing in August. They can also challenge any... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: How to change last name

So I recently got married, and on the marriage certificate it has my wife's maiden name, she wants to change it to my last name, (with her maiden name becoming her middle name) how to go about this?

James L. Arrasmith
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answered on Jun 20, 2024

To change your wife's last name after marriage in Pennsylvania, you can follow these general steps:

1. Start with the Social Security Administration:

- Complete Form SS-5 (Application for a Social Security Card)

- Provide proof of identity and the marriage certificate...
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3 Answers | Asked in Immigration Law for Pennsylvania on
Q: what is the best way for me to bring my Indonesian wife to USA, ASAP at least for the next 6-8 months?

I am in USA finishing my studies and want to have my wife come and stay here with me. She is of poor means and I am a student. I am living in my parents home and they are willing to be sponsors for my wife. The idea is for her to come ASAP and that is why we were thinking that a multiple tourist... View More

Nicholas Pasquarello
Nicholas Pasquarello
answered on Jun 6, 2024

Firstly, I'm providing the advice below with the presumption that you yourself are a U.S. citizen or a lawful permanent resident. If not, there are many more things to address.

I often receive this question from clients that want to be reunited with their spouse as quickly as...
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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Withdraw I-130 after approval

LPR is eligible for rescission – misrepresentation of facts material to both marriage and eligibility for spousal LPR.

James L. Arrasmith
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answered on Jun 5, 2024

Here are the key points regarding withdrawing an approved I-130 petition and rescinding the beneficiary's LPR status due to misrepresentation:

- An I-130 petition can be withdrawn by the petitioner even after it has been approved by USCIS. This is done by notifying USCIS in writing of...
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1 Answer | Asked in Employment Law and Immigration Law for Pennsylvania on
Q: Can I apply for unemployment after being laid off while on Stemm OPT with a valid work permit?

I was recently fired from my job after working for 1 year and 6 months. I am on Steem opt with a valid EAD card. I would like to know if I can apply for unemployment in PA.

James L. Arrasmith
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answered on May 29, 2024

As an international student on STEM OPT (Optional Practical Training) with a valid Employment Authorization Document (EAD), your eligibility for unemployment benefits can be complex. Here are a few points to consider:

1. Unemployment benefits are typically available to workers who lose...
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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.

James L. Arrasmith
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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?

James L. Arrasmith
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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?

James L. Arrasmith
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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

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

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

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
James L. Arrasmith
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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

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