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Texas Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Texas on
Q: Can I participate in fitness challenges requiring an entrance fee and offering up to 20% of the fee as a prize on H1B?

I wonder if it will be counted as earned income and whether it will violate my visa status.

You pay to start the challenge, let's say complete 20,000 in 3 days. The total prize is the entrance money split among those who actually completed it. I am talking about apps like... View More

James L. Arrasmith
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answered on Dec 29, 2023

Participating in fitness challenges like those offered by apps such as "WayBetter" or "StepBet" while on an H1B visa requires careful consideration of your visa terms. The H1B visa allows you to work for your sponsor employer in the United States, and typically, any additional... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: Was interviewed in 2019 for asylum but no answer yet. Can i file for H1B visa? My Husband is the primary applicant.
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answered on Dec 26, 2023

If you were interviewed for asylum in 2019 and are still awaiting a decision, you can still consider applying for an H1B visa. The H1B is a separate immigration process focused on employment in specialized fields. However, applying for an H1B visa while your asylum case is pending can be complex... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: My sister is in US on B1 visa, can I file her AOS 485 and can she get EAD and work here till her GC is approved?

She is German citizen and place of birth is Pakistan (so no queue.)

James L. Arrasmith
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answered on Dec 24, 2023

If your sister is currently in the U.S. on a B1 visa, filing an Adjustment of Status (AOS) application through Form I-485 may be a possibility for her, particularly if she is eligible under certain categories like family-based or employment-based immigration. However, it's important to... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: Wrong birthday was printed again after we had it fixed. What can we do?
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answered on Dec 21, 2023

If there's an error in the birthday on your immigration document in Texas, and it persists despite being corrected, take immediate action. Keep records of the correction and contact the issuing authority to explain the situation, providing evidence of the correction.

Make sure to...
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1 Answer | Asked in Family Law, Immigration Law, Child Support and International Law for Texas on
Q: Person got married being already married in another country and leaving all obligations like child support

There’s already a case started in other country for the child support he never payed and that he sign a contract saying the amount he would pay every month, married a women in another country and falsified his documents

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answered on Dec 21, 2023

In Texas, as in other states, bigamy – being married to more than one person at the same time – is illegal. If a person marries in Texas while already legally married in another country, that second marriage could be considered invalid under Texas law. Furthermore, falsifying documents to enter... View More

2 Answers | Asked in Employment Law and Immigration Law for Texas on
Q: Is it considered unauthorized work on OPT if I performed the same work in my home country but volunteer in the US?

My major is in STEM but I also enjoy doing graphic design work. If I do it as a volunteer hobbyist in the USA while having my full time job in the USA, but get paid creating and selling my designs while physically present in the USA, would that violate my status? My home country is close by to the... View More

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answered on Dec 22, 2023

When you're on Optional Practical Training (OPT) in the U.S., it's crucial to adhere to the specific rules and regulations that govern this status. OPT is designed to provide practical training experience that is directly related to your major area of study.

If you engage in...
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1 Answer | Asked in Family Law, Immigration Law and Child Custody for Texas on
Q: My sister tragically passed in a fire (10/12/23). Do we have visitation rights to her daughter (12 yrs. old) ?

Her father has never done much for her and she stayed with us ALL the time for months on end. We fed her, clothed her, housed her, etc. Her dad came and stole her from us (lied and said someone was looking for her and came by his house in an unmarked car and left a note from the city). He did this... View More

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answered on Dec 16, 2023

In Texas, grandparents and other close relatives can seek visitation rights, especially under circumstances where the child's welfare is a concern. Since you've been a significant part of your niece's life, providing care and support, this can strengthen your case. However, obtaining... View More

2 Answers | Asked in Immigration Law, International Law, Education Law and Business Law for Texas on
Q: Can International Students Open an LLC in the state of texas?

I have a question about establishing an LLC in Texas. Is it possible for international students to form an LLC in the state, considering the restrictions on off-campus work? Specifically, if we hire employees from other countries to perform the work, is this a viable option? Additionally, if... View More

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answered on Dec 12, 2023

International students in Texas can establish an LLC, but it's important to navigate this carefully due to visa constraints. Your student visa status, typically an F-1, places limitations on off-campus employment. However, owning an LLC doesn't automatically equate to employment.... View More

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3 Answers | Asked in Immigration Law for Texas on
Q: I-485 Submission and not receiving Receipt Number

Hi,

I submitted my I-485 documents along with the attachment of I-864 and I-864A on November 20th, 2023. I have received confirmation from FedEx that the USCIS office received my package on Tuesday, November 21st, 2023. I need to hear some opinions because I have not received any receipt... View More

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answered on Dec 6, 2023

It's understandable that you're concerned about not receiving a receipt number for your I-485 submission, especially given the importance of this document in the immigration process. First and foremost, it's important to know that processing times can vary, and sometimes there are... View More

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1 Answer | Asked in Immigration Law for Texas on
Q: Can you still renew/change your status while waiting to file your I-485?

As of May 2022, I commenced employment with my U.S. church under OPT (F-1) with the same title I currently hold. During that year, the church successfully applied for an R-1 visa set to commence in May 2023. The approval was timely, and I transitioned to working under the R-1 visa one day after my... View More

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answered on Dec 1, 2023

You can generally renew or change your nonimmigrant status while waiting to file your I-485 (Adjustment of Status). In your case, renewing your R-1 visa after the approval of your I-360 and while awaiting the opportunity to file the I-485 is usually possible.

The R-1 visa, which is for...
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1 Answer | Asked in Immigration Law for Texas on
Q: Is it possible that my brother's wife's adjustment of status was denied?

My brother met and married a thai woman recently. She arrived in this country May 2022 on a tourist visa and was married to a thai citizen. He left her and she then overstayed her visa. She met my brother late december, early january. they married on may 8 2023. he immediately filed ofr marriage... View More

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answered on Nov 30, 2023

It is possible that your brother's wife's adjustment of status was denied, although without specific details, it's difficult to determine the exact reason for her not returning with your brother from Thailand. Several factors could be at play in such a situation.

First, if...
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1 Answer | Asked in Immigration Law for Texas on
Q: I am eligible for a fee waiver?

I have never work since I haven’t received my EAD. I’m requesting the fee waiver for my form i1765 and I don’t have a tax form because of the same reason. How do can I apply for the waiver?

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answered on Nov 27, 2023

To apply for a fee waiver for Form I-765 (Application for Employment Authorization), you need to demonstrate financial hardship. Since you haven't been employed and don't have tax forms, you can provide other evidence of your financial situation. This might include bank statements, proof... View More

1 Answer | Asked in Immigration Law for Texas on
Q: U certification denied by HPD

My U certification has been rejected by Houston Police department .Is there any attorney who can get it done ?

Thank you.

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answered on Nov 26, 2023

If your U certification application has been rejected by the Houston Police Department, it's important to understand the reasons for this decision. Often, rejections are due to specific criteria not being met or insufficient evidence provided.

In such cases, an attorney with experience...
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1 Answer | Asked in Immigration Law for Texas on
Q: Can N-400 application be repened?

Hello. USCIS issued a decision denying N-400 stating citizenship may have been obtained through father under INA 320 and 8 CFR 320.2. This denial and reasons were explained in detail by USCIS agent at my scheduled interview and a letter was provided. I voiced my understanding and reasons of why I... View More

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answered on Nov 9, 2023

In cases where an N-400 application (Application for Naturalization) is denied based on what appears to be erroneous information or a misunderstanding of the law, you do have options. One approach is to file a Motion to Reopen or Reconsider the N-400 decision with USCIS. This motion should clearly... View More

1 Answer | Asked in Immigration Law for Texas on
Q: It is possible to reopen my AOS, after been denied for not sending evidences?

Im from Venezuela. Here with a R-1 visa. I left on 2005 to renew my passport but found problems and came to mexican border to ask for admission. They waved me in without visa.

In 2017 i visited Vermont canadian border and they returned me to the US POE but they didn't speak spanish and... View More

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answered on Nov 9, 2023

If your Adjustment of Status (AOS) application was denied due to missing evidence, you may have the option to file a Motion to Reopen or a Motion to Reconsider with USCIS, typically using Form I-290B. This motion should be filed within 30 days of the decision and should include any new, relevant... View More

2 Answers | Asked in Immigration Law for Texas on
Q: Hello, I am in Houston Texas, and I received a NOID letter from Uscis. Please I need help in responding to the letter.
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answered on Nov 9, 2023

Responding to a Notice of Intent to Deny (NOID) from USCIS is a critical step in your immigration process. First, carefully read the NOID to understand the specific reasons USCIS is considering denial. It's essential to address each point raised in the NOID thoroughly and provide all requested... View More

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1 Answer | Asked in Immigration Law for Texas on
Q: I had EAD but I changed to H1B later. I moved to H4 again, can I use my earlier EAD for renewal or should it be initial?

I had an H4 EAD earlier but later I moved my visa status to H1B from H4. Now I changed to H4 again. Now while filing for EAD, can I use my earlier EAD for renewal or should it be initial permission to accept employment?

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answered on Nov 5, 2023

If you previously held H4 EAD and then changed to H1B status, and now have reverted to H4 status, you may be eligible to apply for a new EAD. However, because you changed your status to H1B and are now back to H4, your situation is considered a change in employment authorization circumstances.... View More

2 Answers | Asked in Employment Law and Immigration Law for Texas on
Q: My work Terminated my contract due to Personal credit card expense. Is there any way this could be challenged?

My job relocated me and my family from Ireland to US. We invested all our savings in to the move. Due to is not having a credit score, we had to buy most of our possessions with cash. During Dec, I had no money to support my family and used my corporate card. I paid the money back after my Jan... View More

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answered on Nov 5, 2023

If your employment was terminated due to the use of a corporate credit card for personal expenses, even after reimbursement, it's important to review the policies you agreed to upon employment and any subsequent warnings or advisories from the company.

While your circumstances are...
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2 Answers | Asked in Immigration Law for Texas on
Q: Okay to travel while on F1 CPT and F2B petition?

F1 student on CPT. My dad is a permanent resident and has petitioned F2B for me (priority date Sep 22). Is it safe for me to travel while on CPT?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 3, 2023

Priority dates of F2B petitions take several years to become current. If there are ties and evidence to intent to return to home country after F1, it should be safe to travel

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2 Answers | Asked in Immigration Law for Texas on
Q: Who's birthcertificates will my father need for a Family based immigration interview?

Hello, my Father will Hopefully be attending a family based immigration interview in Abu Dhabi. I am the petitioner for this application.

My question is will he be needed a copy of my brother Birth Certidicate who is above 21 and lives in US for his interview?

Thank you so much

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answered on Nov 5, 2023

For your father's family-based immigration interview, he will generally be required to present documents that directly pertain to his own application. This typically includes his birth certificate, marriage certificate (if applicable), police clearance, medical examination results, and... View More

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