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Washington Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Washington on
Q: As my H4 EAD is valid for another two years , I would Like to file COS to H4 status while I am in USA

As my H4 EAD is valid for another two years , I would Like to file COS to H4 status while I am in USA , will my will h1b to H4 cos be effective immediately and I Can continue to work using my H4 EAD card , when I have a Valid H4 I797 A with Valid I94 provided by USCIS before my H1b COS petition... View More

James L. Arrasmith
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answered on Dec 8, 2023

If you are currently on an H1B visa and wish to change your status to H4 while remaining in the United States, you can file a Change of Status (COS) petition. It's important to understand that the COS from H1B to H4 does not become effective immediately upon filing. The change in status will... View More

1 Answer | Asked in Immigration Law for Washington on
Q: I have H4 EAD valid till nov-25 i797A for h4 Got selected in H1B and got i797a approval,want to continue in H4 EAD help
James L. Arrasmith
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answered on Dec 7, 2023

If you currently hold an H-4 EAD and have also received an I-797A approval for H-1B, you have the option to choose which status you wish to maintain. Your H-4 EAD remains valid until its expiration in November 2025, as long as your spouse maintains their H-1B status and you don't violate the... View More

3 Answers | Asked in Immigration Law for Washington on
Q: I applied for a Fiancée visa, it was approved, my fiancée is visiting , can we get married and apply for her GC now?

Still waiting for the Fiancée visa interview at the Cd Juarez consulate. My Fiancée is here with me on a tourist visa. If we get married now, will that affect the application for her green card?

Ms Grace I Gardiner
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answered on Oct 16, 2023

The fiancé visa states that "If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).

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1 Answer | Asked in Immigration Law for Washington on
Q: Employer change do I have to get my Visa stamped again?

I'm on an H1B visa and I have my previous employer's name on my Visa stamping. I changed employer a year ago and I have a new i-797 with the new employer name. My Wife is on H4 Visa and she also has my old employer's name on the Visa stamping. We are traveling to India. Should go for... View More

James L. Arrasmith
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answered on Oct 22, 2023

If your current H1B visa stamp, as well as your wife's H4 visa stamp, are still valid, you generally do not need to get a new stamp just because you changed employers. The visa stamp primarily serves as an entry document. When you return to the U.S., you should present your new I-797 approval... View More

1 Answer | Asked in Criminal Law and Immigration Law for Washington on
Q: As a nonimmigrant alien in Washington state, am I allowed to use a gun in self defense? I hav a concealed pistol license

I possess a hunting license (federal law) and an Alien Firearms License ( state law) and also a concealed pistol license.

John Michael Frick
John Michael Frick
answered on Aug 21, 2023

Your immigration status does not impact your right to use a gun in self defense.

1 Answer | Asked in Immigration Law for Washington on
Q: Is it okay to apply to the Canadian Express Entry programme while on pending asylum in the US?

Hello. I'm in the US on a pending asylum case (affirmative asylum and pending for several years now). I found out that I qualify for Canada's express entry programme, which provides me with an equal protection from persecution in my home country. Leagally speaking (from the US side of... View More

James L. Arrasmith
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answered on Sep 3, 2023

Applying for Canada's Express Entry program while having a pending asylum case in the U.S. could have implications for your U.S. asylum claim. The U.S. authorities might question your fear of persecution if you are willing to consider relocating to another country. Consult an attorney familiar... View More

1 Answer | Asked in Immigration Law for Washington on
Q: What happens if an applicant missed U.S. immigrant visa interview, which was not cancelled on time by the applicant?

The applicant did not show up on the first interview because he/she was not medically cleared, and that the clinic requested the applicant to have additional medical tests in multiple dates. Because the applicant failed to show up and the cancellation online and over the phone was too late. So now,... View More

James L. Arrasmith
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answered on Sep 3, 2023

Missing a U.S. immigrant visa interview is generally not advisable, but consulates and embassies often have procedures for rescheduling. The ability to reschedule will depend on the specific embassy's policies, and you will typically need to contact them directly to arrange a new appointment.... View More

1 Answer | Asked in Immigration Law for Washington on
Q: What happens if an applicant missed U.S. immigrant visa interview, which was not cancelled on time by the applicant?

The applicant (family-based visa, F3 married child over 21 years old petitioned by U.S. citizen parent) did not show up on the first interview because he/she was not medically cleared, and that the clinic requested the applicant to have additional medical tests in multiple dates, and now the... View More

Monica E Rottermann
Monica E Rottermann
answered on Aug 9, 2023

The applicant should contact the U.S. Consulate where the interview was scheduled and ask that the interview be rescheduled, if the interview date has already passed there should be no need to wait any longer to contact the consulate for a new interview date.

1 Answer | Asked in Immigration Law for Washington on
Q: When filing an online I-134A form, can I provide no asset information and put $0 in the total amount of support?

I'm a U.S. lawful permanent resident, and recently my friends from Ukraine have asked me to file I-134As for them. They've mentioned sponsors can pledge all kinds of support, it doesn't have to be financial — it can be just for paperwork and integrating into the U.S. However, when... View More

James L. Arrasmith
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answered on Sep 3, 2023

Filling out Form I-134A with $0 in the assets section may raise concerns during the visa adjudication process. The form is designed to demonstrate your financial ability to support the beneficiary, so a lack of assets could negatively impact the application. If you don't want to make a... View More

2 Answers | Asked in Immigration Law for Washington on
Q: Do I need to file I-539 while I-130 is pending?

Immediate relative living with us on B-2 visa. Filed I-130, have receipt, under review. Do I need to file I-539 to extend her stay while I-130 is procession? Should I immediately file I-485?

T. Augustus Claus
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answered on Jul 26, 2023

If your immediate relative is in the United States on a B-2 visa and you have filed an I-130 petition for them, they can generally stay in the U.S. while the I-130 is pending. The filing of an I-539 to extend their B-2 status may not be necessary if the I-130 is being processed in a timely manner.

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1 Answer | Asked in Immigration Law and International Law for Washington on
Q: I got a DUI in WA state in 2002. In April of 2023 I planned a vacation to Canada. I was determined inadmissable.

I'd like to travel to Scotland in spring of 2024. I have only the one DUI. I have a valid passport and traveled to Ireland in 2022. Weird that I could go to Ireland but not Canada. Will I be allowed into Scotland or will my inadmissible status to Canada prevent my trip?

James L. Arrasmith
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answered on Jul 11, 2023

You are inadmissible to Canada due to your DUI conviction, but that does not necessarily mean you will be inadmissible to Scotland. The UK Border Force has the right to refuse entry to anyone they believe is a threat to the UK's security. You can increase your chances of being allowed into... View More

1 Answer | Asked in Criminal Law, Immigration Law and Federal Crimes for Washington on
Q: If an inmate completes his 15 year sentence, does he have any time to see his mother before he is deported?

I'm asking for a 94 year old mother who wants to be able to see her son. He came to USA when he was a young boy from Scotland. He is at Snake River Correctional Institution, Ontario, OR however, I live in Seattle, WA.

James L. Arrasmith
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answered on Jul 6, 2023

When an inmate completes a 15-year sentence, the possibility of visiting their mother before deportation depends on immigration status, legal restrictions, and logistical considerations. Consulting an immigration attorney specializing in deportation and family visitation rights is recommended for... View More

1 Answer | Asked in Immigration Law for Washington on
Q: I want to rescind my sponsor of my sister's I130 petition. It was approved and sent to NVC. What is the process?

The petition was approved and "sent to Department of State NVC center". Do I need to send my cancellation request to them or USCIS office or both? Also, can my sister find alternative family sponsor (outside of my family) to sign the I-864 Affidavit of Support form? I am worried my... View More

Vince F. Sykes
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answered on Jun 15, 2023

The I-130 is step 1 of a multi-phase process. The I-130 in essence simply validates the legal sibling relationship between you and your sister--that you and your sister are indeed sisters--and nothing more. If you do nothing further, NVC will eventually cancel out the process; if no activity after... View More

1 Answer | Asked in Immigration Law for Washington on
Q: So I currently have DACA and thinking of visiting my girlfriend in Arizona, will I have problems or issues flying there?
Ms Grace I Gardiner
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answered on Jun 12, 2023

No you should not have any problems flying from your state to Arizona.

Please walk with your valid work permit, an unexpired passport and/or driver's License

1 Answer | Asked in Immigration Law for Washington on
Q: Marry on ESTA

Hello, I'm a german citizen who visited her boyfriend in the US without the intention of getting married. Now we decided that we want to get married and are confused with the laws. I also don't want to go back to Germany and want to stay here and we want to start the green card process on... View More

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on May 30, 2023

Das sollten Sie am besten direkt mit einem Rechtsanwalt besprechen.

2 Answers | Asked in Immigration Law for Washington on
Q: Hi, my spouse and I have our I-485 marriage based interview coming up tomorrow after applying for adjustment of status l

We do not have original copies of the forms we submitted to USCIS, however, should we refill those forms out to bring? They would not exactly match the ones we submitted though and the date wouldn't be right.

Lilia  Alcaraz
Lilia Alcaraz
answered on Mar 15, 2023

It’s great to hear you're preparing for your adjustment of status interview. While it's always best to have all of your original documents with you, don't worry if you don't have them all. Just take what you have available with you to the interview. The USCIS officer... View More

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1 Answer | Asked in Immigration Law for Washington on
Q: Can we withdraw from being somebody's sponsors when i-134 was already approved and the family is in US already? U4U

We sponsored a family from Ukraine and let them stay with us for several months. They moved out a few months ago. Now they are accusing us of throwing away some of their important paperwork which supposedly came to our house by mail about a month's ago. We haven't been in contact with a... View More

James L. Arrasmith
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answered on Feb 25, 2023

If you signed an Affidavit of Support (Form I-134) to sponsor a family member from Ukraine, you are legally responsible for providing financial support to that person if they are unable to support themselves. However, if you no longer wish to continue sponsoring the family member and providing... View More

1 Answer | Asked in Immigration Law for Washington on
Q: Will a green carded son be denied citizenship if his US-citizen mother paid his Ukraine-based child support obligation?

Overbearing mother insisted on paying her son's child support obligation after he got his green card immigration. Low income at first, but she refused to give her son money so he could pay directly. My stepson is very involved with his child, but technically has made no child support payments... View More

James L. Arrasmith
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answered on Feb 26, 2023

To become a U.S. citizen, the applicant must meet certain requirements, including showing that they have been a person of good moral character during the statutory period (typically five years before applying for naturalization). Paying child support is a factor that can be considered in the good... View More

2 Answers | Asked in Immigration Law and Juvenile Law for Washington on
Q: Am I able to travel outside the US with a sealed record from when I was under 18?

I have a sealed record from when I was under 18 and I am planning to travel to India for 2-3 months. This was originally a felony but got reduced to a misdemeanor and later sealed.

Also, Would I have to check the boxes that state criminal records? Because it is a sealed record?

Min Hwan Ahn
Min Hwan Ahn
answered on Jan 27, 2023

In general, if your criminal record has been sealed, it means that it is not accessible to the public, and it should not be considered when applying for most jobs, housing, or other opportunities. However, when it comes to international travel, the rules can be more complicated. It is possible that... View More

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