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Texas Immigration Law Questions & Answers
0 Answers | Asked in Immigration Law for Texas on
Q: Am I still responsible for my step daughter I sponsored to obtain her resident card?

If I sponsored my step daughter to come from Guatemala to come live with me and she is now 21, living on her own and is financially independent, does the sponsor application of being responsible for her for 10 years remain in effect or am I no longer responsible for her? She has moved out of my... View More

1 Answer | Asked in Domestic Violence and Immigration Law for Texas on
Q: Immigration consequences of pretrial diversion program for family violence in Texas

If an immigrant facing pending family violence misdemeanor charges in Texas enters into a pretrial diversion program, what impact, if any, will this have on their immigration status? Could this result in deportation or other immigration consequences?

James L. Arrasmith
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answered on Jan 6, 2025

Entering a pretrial diversion program for a family violence misdemeanor in Texas can have significant implications for your immigration status. Successfully completing the program typically results in the charges being dismissed, which means there is no formal conviction on your record. This can be... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Que motivos para el cambio de corte son los que debo incluir en la Motion to Change Venue para que sea aprobada?

Puedo rellenar manuscrita la Motion To Change Venue?

James L. Arrasmith
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answered on Jan 4, 2025

Las razones más comunes y válidas para presentar una Moción para cambiar el lugar incluyen condiciones inseguras en la ubicación actual, dificultades sustanciales para viajar al tribunal actual, si la mayoría de los testigos viven más cerca de otro tribunal o si existe un posible sesgo del... View More

1 Answer | Asked in Immigration Law and International Law for Texas on
Q: Is it legal to create or use a ride-sharing app for international students in U.S. where costs (not profits) are shared?

Is it legal to create or use a mobile app that facilitates ride-sharing among students in the U.S., specifically for international students, where the platform is designed solely for cost-sharing (e.g., splitting gas and toll expenses) and not for profit? The app would not display or facilitate... View More

James L. Arrasmith
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answered on Jan 1, 2025

You can build a cost-sharing ride app for international students if it functions strictly as an expense-splitting tool. This means that your platform should not display or facilitate profit-making transactions.

You will want to ensure that drivers only recoup shared costs like gas, tolls,...
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1 Answer | Asked in Criminal Law and Immigration Law for Texas on
Q: someone who is an immigrant and is on probation gets voluntary departure, will they have problems with TSA when leaving
James L. Arrasmith
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answered on Dec 27, 2024

When leaving under voluntary departure, you should not experience significant issues with TSA security screening. The TSA's primary focus is on safety and security protocols rather than immigration status.

However, it's crucial to bring all your required travel and voluntary...
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1 Answer | Asked in Immigration Law and Tax Law for Texas on
Q: I’m an F1 student and was misinformed about premium tax credit eligibility. Marketplace showed I qualify. How do I repay

I was misinformed by an insurance agent that I qualified for a premium tax credit in the marketplace, and the marketplace also showed I was eligible. However, I later learned I am not eligible. How can I resolve this and correct my eligibility status? Should I contact the marketplace or IRS to... View More

James L. Arrasmith
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answered on Dec 17, 2024

You'll need to take prompt action to address this premium tax credit situation. Contact the Marketplace immediately to report that you're not eligible as an F1 student - this helps establish good faith effort to correct the error and may help reduce any penalties.

For the tax...
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1 Answer | Asked in Immigration Law and Tax Law for Texas on
Q: I’m on f1 student and in my market place it shows I’m eligible for premium tax credits of 350$ per month. Can I use it ?

Does it any effect on my immigration?

James L. Arrasmith
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answered on Dec 15, 2024

For F-1 students, it's important to know that receiving Premium Tax Credits (PTC) through the Health Insurance Marketplace could potentially impact your immigration status. These credits are considered a form of public benefit, and using them might raise concerns during future immigration... View More

1 Answer | Asked in Health Care Law, Immigration Law, Insurance Bad Faith and Tax Law for Texas on
Q: I’m an f1 student can I take premium tax credit for health care plan. Would it effect my immigration in future?
James L. Arrasmith
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answered on Dec 15, 2024

In most cases, F-1 students are not eligible for Premium Tax Credits (PTC) through the Health Insurance Marketplace because you need to be a U.S. citizen or have lawful permanent resident status to qualify.

If you're on an F-1 visa, you typically have different healthcare options...
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2 Answers | Asked in Immigration Law for Texas on
Q: Does Signing an HOA Recall Petition Affect H1B Visa Holders?

As an H1B visa holder residing in a community in Dallas, Texas, I am considering signing a petition to recall the Homeowners' Association (HOA) board. Could participating in this process have any effect on my immigration status? Also, is there any chance that immigration authorities might... View More

Miguel Barrios
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answered on Dec 10, 2024

Your H-1B status is tied to the specific employer that sponsored your visa. Receiving fees or compensation from another entity for services performed may be considered unauthorized employment, which could jeopardize your visa status.

Volunteer and Non-Compensated Work:

• While...
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1 Answer | Asked in Immigration Law for Texas on
Q: Query Regarding B-2 Visa Sponsorship Timing when the sponsorer is an H1b holder

Hi! I plan to sponsor my mother-in-law for a B-2 tourist visa while I am on an H-1B visa, valid until May 2025. My employer intends to file for my H-1B extension in January 2025.

Question: Would it be better to schedule her visa interview before or after I file for the extension? Are there... View More

James L. Arrasmith
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answered on Nov 27, 2024

While sponsoring your mother-in-law's B-2 visa, it's generally better to schedule her interview before your H-1B extension filing in January 2025. This timing helps demonstrate your stable immigration status as her sponsor during the visa interview process.

Having a valid H-1B...
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1 Answer | Asked in Criminal Law and Immigration Law for Texas on
Q: Which agency would I contact to report an an illegal immigrant who got into the US based on fraud?

There was this woman I met online who was in Venezuela. We kept talking and were planning to eventually be together when I was going to leave the united states. During this time I helped her financially often and even helped her get her passport to be able to travel. Eventually we decided she would... View More

James L. Arrasmith
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answered on Nov 27, 2024

Immigration fraud can be reported to Immigration and Customs Enforcement (ICE) through their tip line at 1-866-DHS-2-ICE or through their online tip form at ice.gov/tipline. You can also report fraud to U.S. Citizenship and Immigration Services (USCIS) by visiting uscis.gov/report-fraud.... View More

2 Answers | Asked in Immigration Law for Texas on
Q: What is the requirement and process for my retired 85 years old mom to come leave with us?

I'm a male legal alien with a green card married to a male US citizen for 9 years. My mother is a French citizen, recently widowed and has a personal retirement income of around $1800 a month. I just don't want her to enter the country with a tourist visa and have to leave every 6 months... View More

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

Apply for US citizenship and once a US Citizen, you may sponsor your mother for a green card. Work with an immigration attorney

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2 Answers | Asked in Immigration Law for Texas on
Q: I petitioned my brother when he was single, now he is married & w/ kids. Now NVC sent me a notice of immigrant visa case

Creation. How could I add his spouse and kids in my petition. Do I just add them in the form that I fill up and pay in CEAC?

Would he be able to bring his spouse and kids?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 24, 2024

Email the NVC to inform them that your brother is now married with children so the accompanying family can be included in the CEAC

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1 Answer | Asked in Immigration Law for Texas on
Q: I130 VISA ....Can my husband who is the "beneficiary" resign from his job to begin his schooling without any problems?

My husband and I was Documentarily Qualified on September 27, 2024, and we are currently waiting for our Visa interview letter from the US Embassy in the Dominican Republic. I live in the US and he lives in the Dominican Republic. My husband wanted to enter into ESL classes, but he's employer... View More

James L. Arrasmith
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answered on Nov 17, 2024

Your husband's employment status should not negatively impact your I-130 visa application or interview process, as the key requirement is proving your valid marriage relationship, not his current job situation.

Since you are the petitioner and U.S. citizen sponsor, you'll need to...
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1 Answer | Asked in Immigration Law for Texas on
Q: Can I have an LLC while being on an H1-B visa?

I am currently on an H1-B visa and would like to start a simple blog. I would like to have an LLC around it. This isn't for profit, just as a best practice though.

As I understand there are many restrictions around having an LLC while on a H-1B: specifically it seems like I could own... View More

James L. Arrasmith
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answered on Nov 15, 2024

While you can legally own an LLC as an H-1B visa holder, actively managing or working for it could violate your visa terms, even if the work is unpaid. The key issue isn't ownership - it's about engaging in work outside your H-1B sponsorship.

Writing blog posts would likely be...
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1 Answer | Asked in Family Law, Immigration Law, Civil Rights and International Law for Texas on
Q: I have a question for a somewhat complex situation, any help or advice would be appreciated.

I know someone who came here illegally, but missed her chance of getting citizenship because she could not obtain a Mexican passport, which is a prerequisite of the US citizenship process. Someone in Mexico had reportedly made a typo when spelling this person's name on the birth certificate.... View More

James L. Arrasmith
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answered on Nov 15, 2024

This is a challenging situation that requires careful attention to the documentation issues first. Mexican consulates can help correct errors on birth certificates through a legal process called "rectificación de acta," which addresses typographical mistakes.

Your friend should...
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1 Answer | Asked in Immigration Law for Texas on
Q: my wife I-30 is approved and I paid the visa and affidavit fees. but I dont see any button to add my 2 year old daughter

I had listed my daughter on my wife's I-30 when I filed. but now NVS website is not allowing me file my daughter visa application.

James L. Arrasmith
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answered on Nov 15, 2024

You'll need to file a separate Form I-130 for your daughter since she requires her own petition, even though she was listed on your wife's form. This is standard procedure for children, regardless of their age.

Once you submit the I-130 for your daughter, you'll be able to...
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2 Answers | Asked in Immigration Law for Texas on
Q: Can I as a college student claim extreme hardship about being extremely financially dependent on my immigrant parents?

and they wouldn't be able to provide for me abroad.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 7, 2024

You can, but it will unlikely be considered a basis for extreme hardship to obtain an immigration benefit

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1 Answer | Asked in Immigration Law and Domestic Violence for Texas on
Q: Is it ok not a get a prima facie Determination on one’s vawa case after 2 years? I filed since 2022 yet no prima facie.

I have got a biometric update for EAD and travel parole even for my i485 yet no prima facie determination. Is that normal? I'm worried because I heard that vawa cannot be approved without a prima facie determination.

James L. Arrasmith
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answered on Oct 28, 2024

It's understandable to feel anxious after waiting two years without a prima facie determination on your VAWA case. While processing times can vary due to numerous factors such as case complexity or workload at the immigration office, a significant delay like yours is worth addressing.... View More

1 Answer | Asked in Immigration Law and Education Law for Texas on
Q: I have got dismissed from the university what should be my next steps as well as consequences

I have got dismissed from the university what should be my next steps as well as consequences

James L. Arrasmith
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answered on Oct 26, 2024

I'm sorry to hear about your dismissal. First, carefully review the official notice to understand the reasons behind the decision. Gather any relevant documents and consider if there are grounds to appeal the decision based on university policies. Reach out to your academic advisor or the... View More

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