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Texas Immigration Law Questions & Answers
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

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

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James L. Arrasmith
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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
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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.

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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
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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

1 Answer | Asked in Immigration Law for Texas on
Q: What happens if I divorce/separate during a conditional green card status?

Hello,

My name is Joseph, a marriage conditional green card holder for 2 years, 5 months.

We jointly filed to remove conditions and received a 4 year extension awaiting USCIS decision.

My sponsoring spouse has and still makes life unbearable with her cheating, infidelity,... View More

James L. Arrasmith
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answered on Sep 25, 2024

If you divorce or separate while awaiting your green card conditions to be removed, you can still apply to remove the conditions on your own. You would need to file a waiver of the joint filing requirement (Form I-751), showing that the marriage was entered in good faith but ended due to divorce or... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Where to paper summit I-907 for dependents? I-539 submitted 3 months ago and pending.
James L. Arrasmith
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answered on Sep 25, 2024

To submit Form I-907 (Request for Premium Processing) for dependents whose I-539 is still pending, you'll need to follow the guidelines provided by USCIS. Form I-907 must be sent to the same USCIS location where the I-539 is pending. It’s important to check the receipt notice (Form I-797)... View More

4 Answers | Asked in Divorce, Family Law and Immigration Law for Texas on
Q: I'm married, and I m working to settle in USA and get married with a woman an us citizen, can I do it without divorce 1

I have registered marriage in other country, and I don't want get divorce the first one.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 23, 2024

A marriage by a person without legal termination of a prior marriage will not be valid for immigration purposes

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1 Answer | Asked in Immigration Law for Texas on
Q: Can I change my name now that I started the process of legalizing my mom and she submitted all docs and did biometrics?

I want to change my name but first I wanted to go through the process of legalizing my mom as I didn't want to over complicate the process. But now that she has submitted the documents and done her biometrics check, am I able to proceed with my name changing process?

James L. Arrasmith
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answered on Sep 21, 2024

Yes, you can change your name, even though you've already started the process for legalizing your mom. Since she has submitted her documents and completed biometrics, her case is well underway, and your name change shouldn't disrupt it. However, you should keep in mind that any changes in... View More

2 Answers | Asked in Immigration Law for Texas on
Q: What happens if the co-sponsor changed his mind?

I'm the petitioner but was maybe a little bit short on the income requirement to be sponsor so I used a co-sponsor but now he doesn't want to provide any more information. We sent everything together with support docs like tax returns, etc. What can I do if I don't have anyone else?

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 20, 2024

If a joint sponsor changes his mind and cancels prior to the case being adjudicated, then you will either have to qualify under a) the i864 asset test if you have enough assets or b) find another joint sponsor.

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1 Answer | Asked in Employment Law, Immigration Law, Tax Law and Business Formation for Texas on
Q: I am an F-1 student with no SSN/ITIN and want to create a digital store in TX. What are the steps on making this legal?

It’s my 2nd year in the US, and I never worked neither on campus. Don’t have a store yet, and don’t have any connections with my home country regarding the store. I will be the sole owner and worker in this digital store selling digital content. I also want to know the details and if I’ll... View More

James L. Arrasmith
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answered on Sep 16, 2024

As an F-1 student in the U.S., starting a digital store can be complicated due to visa restrictions on employment and business activities. U.S. immigration laws generally prohibit F-1 students from engaging in self-employment or running a business, which includes owning and operating an online... View More

1 Answer | Asked in Immigration Law for Texas on
Q: As a green card holder, if my re-entry permit application is rejected, what options do I have to address the issue?

I am a green card holder and applied for a re-entry permit on October 31, 2023, to care for my 75-year-old mother and settle an inheritance property. I provided fingerprints on November 30, 2023, and left the USA on December 26, 2023. The status online shows "Case Was Updated To Show... View More

James L. Arrasmith
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answered on Sep 15, 2024

If your re-entry permit application is rejected, you still have several options to address the situation. First, carefully review the rejection notice to understand the specific reasons for the denial. This will help you identify any missing documents, errors, or issues that need to be resolved. In... View More

1 Answer | Asked in Immigration Law for Texas on
Q: How can A H4 EAD opt for an S corp Taxation of their LLC? Does submitting 2553 will help

As a H4 EAD, I would like my LLC to be opted for S Corporation taxation. I am planning to file 2553 , does this do the required ?

James L. Arrasmith
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answered on Sep 14, 2024

To have your LLC taxed as an S Corporation, filing Form 2553 with the IRS is the correct step. This form allows an LLC to elect S Corp status, which can offer tax advantages, such as potentially reducing self-employment taxes by paying yourself a reasonable salary and distributing the rest as... View More

1 Answer | Asked in Immigration Law for Texas on
Q: If an asylum case has been referred to court,Can the case be adjusted to business if they own one?

My asylum case has been referred to court, meanwhile if i buy business can i get my case adjusted? Will it be beneficial? Would i be able to get green card sooner??

James L. Arrasmith
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answered on Sep 13, 2024

If your asylum case has been referred to immigration court, adjusting to a business-based immigration status could be difficult. Owning a business alone does not automatically qualify you for a green card. There are specific visa categories for investors, such as the E-2 or EB-5, which require... View More

1 Answer | Asked in Immigration Law for Texas on
Q: can I apply i485 and i131 together in the same envelope? im an asylee. uscis website you can not but I'm confused
James L. Arrasmith
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answered on Sep 11, 2024

Yes, you can file Form I-485 (Application to Register Permanent Residence or Adjust Status) and Form I-131 (Application for Travel Document) together in the same envelope as an asylee. When you file these forms concurrently, it can help streamline the process since both are part of your adjustment... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Can we seek exception for my special needs and non verbal son to remain on H4 dependent visa when he turns 21yrs?

I’m on h1b visa. My EB3 green card priority date was in January 2020 and it may not become current by the time my son turns 21.

James L. Arrasmith
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answered on Sep 7, 2024

When your son turns 21, he is generally considered to have "aged out" of H4 dependent status. However, in some cases, there may be potential options to explore for keeping him on an H4 or another visa category. One possibility could involve arguing that he is unable to care for himself... View More

1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: Should my 64-year-old immigrant father avoid working to increase SSI benefits at full retirement age? He’s never worked.

My 64-year-old father recently emigrated to the U.S. from Cuba through the humanitarian parole program, arriving two months ago. He plans to apply for U.S. permanent residency after his one-year stay. Although he has a work permit, an attorney advised him not to work during this time, claiming it... View More

James L. Arrasmith
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answered on Sep 6, 2024

It sounds like your father is in a unique situation. Supplemental Security Income (SSI) is a need-based program for individuals who are 65 or older, blind, or disabled, and it is primarily based on financial need, not work history. Since your father has never worked in the U.S., he would not be... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Is it normal for the priority date on my wife's i-485 (F2A category) to differ from the i-130?

Initially, the i-485 had the same priority date as the i-130, but later correspondence shows the i-485 filing date as the new priority. As far as I can tell these should be identical, and this change might actually be affecting the processing time since the priority dates have shifted a lot.

James L. Arrasmith
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answered on Sep 6, 2024

It’s understandable to be concerned about a change in the priority date for your wife’s I-485 application. The priority date on the I-485 should generally match the priority date of the I-130, as this date is used to determine when a visa becomes available under the F2A category. However,... View More

2 Answers | Asked in Immigration Law for Texas on
Q: How can I keep my LLC as a former F-1 student and soon to be ESTA tourist and later getting a marriage based visa?

Hi, I am an F1 student who studied for 4 years in the US and did 1 year of OPT. During my OPT I opened my own LLC in marketing. I am going back to my home country now and returning as a tourist on ESTA. I have a US citizen partner who I am planning to marry when I get back so that we can live and... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 3, 2024

A foreign national who enters the US legally and applies for a green card later based on marriage to a US citizen will not be prevented from obtaining a green card for running his/her LLC without work authorization

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2 Answers | Asked in Immigration Law for Texas on
Q: I am on my h1b visa and have still pending I140 approval. Should my wife who want to do Post doc apply for h4 or j1 ?

my wife is doing phd in india and will be completing it along the time we get married. She want to do post doctorate in USA. Should we apply for h4 and then for j1 or h1b or directly try for post doc visa.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 1, 2024

It would be better for your wife to just apply for H4 as the J1 may subject her to the 2 year home residency requirement

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