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
Texas Immigration Law Questions & Answers
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
Miguel Barrios pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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

View More Answers

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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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

View More Answers

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

1 Answer | Asked in Immigration Law for Texas on
Q: DS160 Previous Employment question

jhg

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

When completing the DS-160, it's important to ensure that all information matches your official documents. Since your experience certificate from firm X lists your title as "Systems Engineer," you should use this title on the DS-160 form. Consistency with official records helps avoid... View More

1 Answer | Asked in Immigration Law for Texas on
Q: My wife's i 130 interview is coming up.

My wife's interview is coming up.

I am from texas. Our marriage is 12 years old with two kids both US citizens. Her father and my father are 1st cousins. Can she tell that to counsular with confidence at her visa interview?

Asked in Austin, TX |

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024

It's important to be honest and transparent during your wife's visa interview. If questions about family relationships arise, she should provide accurate information without hesitation. Consular officers are trained to assess all aspects of an application, and withholding information can... View More

2 Answers | Asked in Immigration Law for Texas on
Q: F2B Visa stamped, yet to arrive in the USA; Need advice on my marriage

I received Immigration (GC) Visa stamping, as an unmarried child over 21 years, under F2B category. I am yet to arrive in the USA and will be there before Dec 2024. My Girl Friend is pestering me to marry her, before I leave for the USA. Is it OK to marry her now? I have been wondering whether... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 2, 2024

An F2B visa holder who marries before being admitted to the US will not be admitted. The F2B must enter the US first and then marry after getting the green card.

View More Answers

1 Answer | Asked in Immigration Law for Texas on
Q: When applying for adjustment of status for my wife and stepdaughter Does My stepdaughter need her own affidavit of suppo

When applying for adjustment of status for my wife and stepdaughter does My stepdaughter need her own affidavit of support, she is only 15 and came here on her mother's k-1 visa

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 30, 2024

When applying for adjustment of status for both your wife and stepdaughter, your stepdaughter will need her own separate Form I-864, Affidavit of Support. Even though she is only 15 and came on a K-1 visa with her mother, the affidavit is required for each beneficiary, regardless of age. This is... 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.