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Washington Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Washington on
Q: What can I do about not submitting my final STEM OPT evaluation before SEVIS transfer?

I'm currently on an F1 visa with CPT work authorization. Previously, I was on a STEM OPT, which was transferred from my old school to my current school. Unfortunately, I forgot to submit my final evaluation for the STEM OPT on the SEVP portal before transferring out. The SEVIS transfer... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 7, 2025

If you failed to submit the final STEM OPT evaluation (Form I-983, page 5) before your SEVIS transfer, you should promptly contact your previous DSO and request that they upload the final evaluation retroactively to SEVIS. You can complete the evaluation now with your former employer and provide it... View More

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1 Answer | Asked in Immigration Law for Washington on
Q: Impact of asylum clock restart on EAD application timing

I applied for an Employment Authorization Document (EAD) 153 days after filing my asylum application. However, the judge has since restarted the asylum clock. Does this mean I have to begin counting the 180 days from zero again, or can I continue counting from where I left off before the restart?... View More

James L. Arrasmith
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answered on Jun 4, 2025

The asylum clock tracks the 180 days you need before you can get an EAD. When a judge restarts the clock, it erases the time that had already run.

This means you cannot count the 153 days you waited before the restart. Because of the reset, you’ll need to accrue 180 days from the new...
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Q: Can I sue my ex-wife in Washington for false allegations and emotional distress?

I am currently in the United States, and my ex-wife has been spreading false allegations about me, including lying to immigration authorities to have me deported. She has threatened me by saying she would call immigration if I don't comply with her demands, and she has treated me poorly during... View More

James L. Arrasmith
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answered on May 22, 2025

In Washington state, you may have grounds for legal action against your ex-wife based on what you've described. False statements made to government authorities, particularly immigration officials, could potentially form the basis of a defamation claim if these statements damaged your... View More

1 Answer | Asked in Criminal Law, Public Benefits and Immigration Law for Washington on
Q: Can I travel overseas with an ankle monitor due to a restraining order case?

I am planning to take my adult brother, who is disabled with schizophrenia, overseas for better treatment and support after our father passed away. His SSDI would significantly help his care abroad, and our family is ready to assist. However, I currently have an ankle monitor due to an alleged... View More

James L. Arrasmith
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answered on May 15, 2025

Traveling internationally while wearing an ankle monitor is usually not allowed, especially if it's tied to an ongoing criminal or civil case. Even if you're allowed to move domestically, leaving the country is a much bigger step that likely requires direct permission from the court. The... View More

1 Answer | Asked in Immigration Law for Washington on
Q: Can we adjust status through DV Visa with pending asylum in Washington?

My wife was selected for the DV Diversity Visa program for 2026, and our current status is that we have a pending asylum case. We have maintained our legal status before applying for asylum. We have not been out of status at any point before applying for asylum. We live in Seattle, Washington, but... View More

James L. Arrasmith
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answered on May 14, 2025

You're in a hopeful and time-sensitive situation, and it's good that you're asking the right questions early. Since your wife has been selected for the Diversity Visa lottery and you both have maintained lawful status before filing for asylum, you may be eligible to adjust status in... View More

1 Answer | Asked in Immigration Law and Health Care Law for Washington on
Q: Seeking advice on H-1B medical leave and re-entry concerns post-surgery.

I am currently on employer-approved long-term disability under valid H-1B status, extended until 2028. I plan to undergo medically necessary surgery in the EU, followed by a recovery period of 6 to 7 months. My care is best facilitated by U.S. physicians due to limited expertise abroad, and I... View More

James L. Arrasmith
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answered on May 8, 2025

Long-term medical leave is permissible under H-1B status when your employer approves it through their formal disability policy and continues your employment relationship. Your extended H-1B validity until 2028 works in your favor, as does maintaining your employer relationship during recovery.... View More

1 Answer | Asked in Immigration Law, Criminal Law and White Collar Crime for Washington on
Q: Undocumented cousin getting calls from police about using another's SSN, seeking guidance.

My cousin is undocumented and has hired an immigration lawyer to help her apply for a U Visa. Recently, a cop from our local police department has been calling her regarding an allegation that she used someone else's Social Security number for work. She hasn't received any official... View More

James L. Arrasmith
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answered on Apr 28, 2025

Your cousin is in a delicate situation that requires immediate attention, as these police calls about using someone else's Social Security number could have serious consequences for both her immigration status and potential criminal liability. It's crucial that she not make any statements... View More

1 Answer | Asked in Immigration Law for Washington on
Q: Is it safe to travel to Russia and return to the U.S. with a green card after an asylum case was closed?

I received my green card through marriage about two months ago. Prior to that, I had an asylum application filed in 2013 that was closed by an immigration judge, not granted or denied. Since receiving my green card, I’ve traveled to Canada twice for leisure and had no issues re-entering the U.S.... View More

James L. Arrasmith
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answered on Apr 19, 2025

Traveling to Russia with your green card after having an asylum case that was closed (not granted or denied) by an immigration judge presents potential risks. The fact that your asylum case was closed does not erase that you once filed for asylum, which could raise questions during re-entry to the... View More

1 Answer | Asked in Immigration Law for Washington on
Q: Is it ok to be participating in a clinical study on h1b that has flat fee per visit?

I'm currently on an H-1B visa and I'm interested in participating in a clinical study by a company. The study offers compensation of around $2,000 for the entire duration. I'd like to confirm whether participating in this study would be allowed under my H-1B status. They would issue... View More

James L. Arrasmith
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answered on Apr 16, 2025

If you're on an H-1B visa, your ability to earn income is tightly tied to your sponsoring employer and the specific job listed in your visa petition. Receiving compensation outside of that employment—such as a flat fee from a clinical study—can potentially violate the terms of your visa. A... View More

1 Answer | Asked in Immigration Law for Washington on
Q: Travel risk for US permanent resident with Canadian citizenship?

I have Canadian citizenship and a U.S. permanent residence card valid until 2028. I plan to travel to France for two weeks. With no previous issues regarding my status and given that Canadian citizens don’t have additional visa requirements for France, is there a risk of being detained at the... View More

James L. Arrasmith
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answered on Mar 24, 2025

As a Canadian citizen with a valid US permanent residence card, your two-week trip to France shouldn't pose significant issues for your return to the United States. The key document you'll need is your permanent residence card (green card), which serves as your entry document. When you... View More

1 Answer | Asked in Civil Rights, Employment Law and Immigration Law for Washington on
Q: Can I report degrading treatment of suspected shoplifters by AP staff?

I work as a cashier for a large company and was called to the Asset Protection (AP) office to translate during an incident with suspected shoplifters who did not speak Spanish. I witnessed the AP staff intimidating and taunting these individuals, making disrespectful remarks about their immigration... View More

James L. Arrasmith
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answered on Mar 15, 2025

Yes, you absolutely have the right to report this kind of behavior. Even if someone is suspected of wrongdoing, they must still be treated with respect and dignity. The degrading comments and intimidation tactics you witnessed are inappropriate and may violate workplace policies or... View More

1 Answer | Asked in Immigration Law and DUI / DWI for Washington on
Q: Deported, removal order, Nicaragua, options to return, US citizen girlfriend, DUI charges.

If someone was deported with a removal order for not appearing at their hearing, and they have just been deported to Nicaragua, what actions or options do they have to come back to the US? The individual has a US citizen girlfriend and family, although none are US citizens, and they have two DUI... View More

James L. Arrasmith
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answered on Mar 15, 2025

Your situation is challenging because a removal order typically bars reentry for several years (often 5-10 years), and returning without proper authorization could result in severe penalties including criminal charges. The DUI charges further complicate matters as they may be considered crimes... View More

1 Answer | Asked in Immigration Law for Washington on
Q: Can I file I-485 if wife's EB3 is approved first?

My wife’s EB3 I-485 application, based on employment, has been pending for the past four months. She recently received an RFE regarding a birth certificate issue, which has been resolved. We got married recently, and I am planning to file my own I-485 as a derivative adjustment applicant. I am... View More

James L. Arrasmith
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answered on Mar 9, 2025

You can still file your I-485 as a derivative applicant even if your wife's EB3-based adjustment application is approved before you submit yours, provided you were legally married before her approval date. USCIS recognizes your eligibility as a derivative beneficiary based on your marital... View More

1 Answer | Asked in Immigration Law, Gov & Administrative Law and International Law for Washington on
Q: Can I get legal assistance to return to Ireland from Afghanistan?

As an 18-year-old Irish citizen currently in Afghanistan, I'm unable to travel alone due to local restrictions that prevent women from doing so. I previously contacted Irish authorities last year, and while there was initially a plan for me to return, that is no longer the case. There are no... View More

James L. Arrasmith
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answered on Feb 20, 2025

Your situation sounds incredibly challenging, and I want you to know that help is available. As an Irish citizen, you have fundamental rights to return home, and there are organizations dedicated to supporting people in circumstances like yours.

The Irish Department of Foreign Affairs and...
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1 Answer | Asked in Immigration Law and Family Law for Washington on
Q: Can I apply for a waiver to joint I-751 filing or other options after USCIS mistake?

I have been married to my husband for 10 years, and we have a 7-year-old daughter together. Despite our rocky times, we live together and can demonstrate the legitimacy of our marriage through photos, joint leases, and other documentation. We married abroad while my husband had a green card, and I... View More

James L. Arrasmith
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answered on Feb 19, 2025

You have a complex situation that deserves careful consideration, given USCIS's administrative error and your husband's unwillingness to cooperate with the I-751 filing.

Based on your circumstances, you may be eligible for an I-751 waiver since you've been married for 10...
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1 Answer | Asked in Immigration Law and Domestic Violence for Washington on
Q: Can I apply for an I-751 waiver without my husband's signature in WA?

I have been married for 10 years and currently live with my husband. We have a 7-year-old daughter together. My husband is unwilling to sign the I-751 petition, and our relationship has not been ideal, with his desire to maintain control. There have been two police calls against him in the past,... View More

James L. Arrasmith
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answered on Feb 19, 2025

You can file an I-751 waiver without your husband's signature if you can demonstrate that your marriage was entered into in good faith but has become problematic. The documented police calls and the controlling behavior you've described could support your case, though gathering additional... View More

3 Answers | Asked in Immigration Law for Washington on
Q: can I still get citizenship through marriage if my past employer never asked for an i-9 but paid social security?

I had worked there for 2 months, i just checked my paycheck and noticed social security withholdings and federal tax withholdings. I needed the money to survive since its not free for me to live here

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 18, 2025

If you never represented to your employer that you were a US citizen or a lawful permanent resident or had a Social Security number, then you should not have a problem when you file an application for a marriage-based green card case. In the event that Uscis believes that you have committed some... View More

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1 Answer | Asked in Immigration Law for Washington on
Q: Overstayed my H1B Visa since 2000, what is my option with Trump's administration...apply for T Visa or wait till 2029?

I worked as a semiconductor manufacturing specialist with the understanding that my employer would sponsor my green card and cover legal fees if I accepted a $46K salary (below market rate of $55K). However, he did not fulfill his promise, particularly after the 9/11 attacks, which led to financial... View More

James L. Arrasmith
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answered on Feb 4, 2025

Given the serious nature of your situation involving labor exploitation and sexual abuse, you may qualify for a T visa, which provides protection for victims of human trafficking. Your experience with wage theft, coercion, and sexual exploitation while working under vulnerable circumstances... View More

2 Answers | Asked in Immigration Law for Washington on
Q: change of Status

My mom arrived in the U.S. on August 4, 2024, with a six-month B2 visa that expires on February 2, 2025. We initiated her family-based adjustment of status process. Specifically, we submitted Form I-130 online on December 17, 2024, and received the receipt notice for it. Concurrently, we mailed her... View More

Agnes Jury
Agnes Jury
answered on Jan 23, 2025

Hopefully you referenced the I-130 receipt number in the I-485 application or included a copy of the receipt notice with the I-485 application because if you did not, then the application may be in the process of getting rejected.

I would inquire with the lockbox as to the status of the...
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1 Answer | Asked in Immigration Law for Washington on
Q: Is it okay to drop middle name on I-485 form?

Got married in Washington state.

James L. Arrasmith
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answered on Jan 21, 2025

When filling out Form I-485 (Application to Register Permanent Residence), you should list your name exactly as it appears on your legal documents, including your middle name if you have one. Immigration officials use this information to verify your identity across multiple documents and databases.... View More

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