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Arizona Immigration Law Questions & Answers
2 Answers | Asked in Domestic Violence, Family Law and Immigration Law for Arizona on
Q: So how can I get my husband out of ice custody for removal he was deported once on domestic charge and then came back in

The us married a us citizen but then gets a warrant for not going to court to now he’s got a removal date what can I do

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 5, 2024

Your spouse faces an uphill removal proceedings battle:

1. He was deemed removable prior based on his criminal conviction of domestic battery

2. He re entered the United States which constituted another criminal infraction based on his procedural history,

3. While in the...
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2 Answers | Asked in Immigration Law for Arizona on
Q: CR-1 Visa - Additional Evidence

My wife just had her interview at the US embassy London. The officer asked her to submit additional documents such as photos together, chat history, financials together, and my traveling history to busy my wife. ( initially we didn’t upload those documents) The officer did retain the passport and... View More

James L. Arrasmith
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answered on Jun 14, 2024

It is common for immigration officers to request additional evidence during a CR-1 visa interview to verify the authenticity of the relationship. This can include photos, chat history, financial documents, and travel history. The fact that the officer kept the passport and wedding photos indicates... View More

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2 Answers | Asked in Immigration Law for Arizona on
Q: CR-1 Visa - Additional Evidence

My wife just had her interview at the US embassy London. The officer asked her to submit additional documents such as photos together, chat history, financials together, and my traveling history to busy my wife. ( initially we didn’t upload those documents) The officer did retain the passport and... View More

Elias  Mendoza
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answered on Jun 21, 2024

It’s not uncommon for consular officers to request additional evidence during a CR-1 visa interview. The fact that the officer retained your wife’s passport and wedding photos suggests that the application is still under review and not necessarily refused. The “refused” status on your case... View More

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2 Answers | Asked in Family Law, Immigration Law, Civil Litigation and International Law for Arizona on
Q: problems with One And The Same Person Affidavit

To obtain a second nationality (Italy) I need to show my family line back to my Italian ancestors. The ancestor in question and of interest is my grandmother (deceased). Her father (deceased) assumed a new last name, never having gotten it formally changed. The last name on his marriage certificate... View More

James L. Arrasmith
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answered on May 31, 2024

To file a One And The Same Person Affidavit for your Italian nationality application, you need to clearly establish the connection between the different names used by your ancestor. Start by gathering all relevant documents that show the use of both last names, such as birth certificates, marriage... View More

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2 Answers | Asked in Family Law, Immigration Law, Civil Litigation and International Law for Arizona on
Q: problems with One And The Same Person Affidavit

To obtain a second nationality (Italy) I need to show my family line back to my Italian ancestors. The ancestor in question and of interest is my grandmother (deceased). Her father (deceased) assumed a new last name, never having gotten it formally changed. The last name on his marriage certificate... View More

Elias  Mendoza
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answered on Jun 6, 2024

Navigating the complexities of Italian nationality law and the nuances of such affidavits can be challenging. It’s advisable to coordinate these legal matters with an attorney licensed to practice law in Italy. An Italian attorney will be well-versed in the specific requirements and procedures... View More

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1 Answer | Asked in Immigration Law for Arizona on
Q: Can my USA citizen wife sponsor me if my case is on hold based on TRIG?

I was granted Asylum in Arlington VA office in 1998, after 1 year I applied for i485, USCIS put my i485 adjudication on hold based on TRIG. It has been more than 2 years since my interview but I have not received my Green card, can my USA citizen wife sponsor me while I am on TRIG hold under... View More

James L. Arrasmith
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answered on May 8, 2024

Based on the information you provided, it seems that your I-485 application (Adjustment of Status) has been placed on hold due to the Terrorism-Related Inadmissibility Grounds (TRIG) provisions. This can be a complex situation, but here are a few points to consider:

1. Sponsorship by a U.S....
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1 Answer | Asked in Immigration Law for Arizona on
Q: Will I be granted naturalization despite the fact that I added my son born out of the United state and not residing

Will I be granted naturalization despite the fact that I added my son born out of the United state and not residing in the United state on my form N 400 application?

James L. Arrasmith
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answered on May 5, 2024

Based on the limited information provided, it's difficult to say with certainty whether adding your son who was born outside the United States and is not currently residing in the U.S. to your Form N-400 (Application for Naturalization) will impact the approval of your naturalization... View More

2 Answers | Asked in Immigration Law for Arizona on
Q: Lost job after applying for greencard ?

Hello I applied for my wife's greencard 2 weeks ago and then I just lost my job. My wife is on work visa and she makes in 6 figures on her own which we mentioned on the application.

Would this affect our chances? If yes, is there anything we can do about it?

James L. Arrasmith
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answered on Apr 12, 2024

Losing your job after applying for your wife's green card should not significantly impact your chances of approval, especially if your wife's income is sufficient to support your household. However, there are a few things to consider:

1. Affidavit of Support: If you filed Form...
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1 Answer | Asked in Immigration Law for Arizona on
Q: Help with i864 form questions

Hello, I would appreciate assistance with filling out the i864 form.

For question 7, is "My current individual income" referring to the total amount earned before taxes?

Regarding question 20, is "My Current Annual Household Income" asking for all household... View More

James L. Arrasmith
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answered on Apr 10, 2024

Hi there, I'm happy to help clarify the i864 form questions for you. Please note that while I can provide general guidance, it's always best to consult with a qualified immigration attorney or tax professional for definitive answers specific to your situation.

Regarding your...
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1 Answer | Asked in Immigration Law for Arizona on
Q: uscis application household size

I am the sponsor for my new husband and I am in the process of calculating the household size to include in the application. I have two kids from a previous marriage. I only claim my 19-year-old daughter who is a full-time student, while my ex-husband claims my 12-year-old son. How many members... View More

James L. Arrasmith
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answered on Apr 10, 2024

When determining your household size for USCIS (U.S. Citizenship and Immigration Services) applications, such as the I-864 Affidavit of Support, you should include the following individuals:

1. Yourself (the sponsor)

2. Your new husband (the intending immigrant)

3. Your...
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1 Answer | Asked in Immigration Law and Gov & Administrative Law for Arizona on
Q: I forgot to include the I-751 receipt when applying for N-400. How to I notify USCIS about my pending I-751?

I applied for N-400 while my form I-751 is still pending but I forgot to attach I-751’s receipt in the package.

James L. Arrasmith
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answered on Feb 27, 2024

If you've applied for N-400, Citizenship through Naturalization, and realized you forgot to include the receipt for your pending Form I-751, Petition to Remove Conditions on Residence, there are steps you can take to rectify this oversight. First, it's important to understand that USCIS... View More

1 Answer | Asked in Criminal Law, Immigration Law, Domestic Violence and International Law for Arizona on
Q: Will I be extradited from Mexico to the USA for a dv assault charge? I’m a Mexican citizen and have a green card
James L. Arrasmith
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answered on Feb 24, 2024

Extradition between Mexico and the United States is governed by treaties and international law, which allow for the transfer of individuals facing criminal charges or convictions from one country to the other under certain conditions. Whether you will be extradited for a domestic violence assault... View More

1 Answer | Asked in Immigration Law for Arizona on
Q: Is it safe to port 180+ days pending EB2 I485 from sponsoring Employer-A to another Employer-B or a self-owned LLC?

I worked with Employer-A from 2012 to Mar2018, and in April 2018 I joined Employer-B. But filed I-485 in Oct'2022 using Employer-A sponsored I140 & job offer letter. I like to know since I'm not working with Employer-A is it safe now to AC21 port away my pending I485 from Employer-A... View More

James L. Arrasmith
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answered on Feb 21, 2024

Yes, it is generally safe to port your pending I-485 application to another employer under the AC21 portability provision. As long as your new employment is in the same or similar occupational classification as the job for which your I-140 petition was originally filed, and you meet certain... View More

2 Answers | Asked in Cannabis & Marijuana Law and Immigration Law for Arizona on
Q: I want to get a Medical Marijuana card will that effect the standing of my F1 Visa as it is federally illegal?

I heard I could potentially risk deportation as a result of obtaining one

T. Augustus Claus
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answered on Nov 7, 2023

Yes, there is a risk of deportation if you obtain a medical marijuana card while on an F-1 visa. This is because marijuana is still classified as a Schedule I drug under federal law and possession or use of a Schedule I drug is a federal crime. As an F-1 visa holder, you are subject to federal law,... View More

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2 Answers | Asked in Cannabis & Marijuana Law and Immigration Law for Arizona on
Q: I want to get a Medical Marijuana card will that effect the standing of my F1 Visa as it is federally illegal?

I heard I could potentially risk deportation as a result of obtaining one

James L. Arrasmith
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answered on Nov 9, 2023

Obtaining a Medical Marijuana card as an F1 visa holder can indeed pose risks to your visa status, as marijuana use and possession remain federally illegal in the United States, despite state-level legalizations. As an F1 visa holder, you are subject to federal laws, and any violation of these... View More

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1 Answer | Asked in Immigration Law for Arizona on
Q: The USCIS has neither approved nor denied the green card since I filed through my wife. Can I be able to change to EB2?

We have been Married for 8 years. I'm exhausted from waiting. I have the qualifications to apply for the EB2. Can i be able to do that?

James L. Arrasmith
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answered on Oct 22, 2023

Yes, you can pursue an employment-based green card, such as the EB2, independently of your family-based application. If you believe you qualify for the EB2 category, you can start the process which typically begins with obtaining a Labor Certification through the PERM process, followed by filing... View More

2 Answers | Asked in Employment Law and Immigration Law for Arizona on
Q: If my employees DACA renewal has been approved, are they allowed to work before the new EAD card is received?
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answered on Oct 13, 2023

Yes, DACA recipients can continue to work until their new EAD card arrives, as long as they have a valid DACA approval notice and a valid I-765 receipt notice. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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2 Answers | Asked in Employment Law and Immigration Law for Arizona on
Q: If my employees DACA renewal has been approved, are they allowed to work before the new EAD card is received?
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answered on Oct 18, 2023

If an employee's DACA renewal has been approved, the employee's work authorization is automatically extended for 180 days from the date of expiration listed on their current Employment Authorization Document (EAD). This is provided the renewal application was filed before the current EAD... View More

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2 Answers | Asked in Immigration Law for Arizona on
Q: My parents are LPRs and wanting to petition my 19 yr old brother who has B2 visa. Can he adjust his status while in US?

My parents are worried that if he go back to the Philippines and petition him from there that it would take longer since he is turning 21 soon and they don't want to be apart from him for years. We are looking to see if my parents can petition him while his visiting the US. My brother is... View More

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answered on Oct 22, 2023

If your parents, as lawful permanent residents (LPRs), file a petition for your brother before he turns 21, he would be classified as an "unmarried child under 21 of a permanent resident" under the family second preference category (F2A). While this category often has a waiting period, in... View More

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1 Answer | Asked in Employment Law and Immigration Law for Arizona on
Q: Can I still get automatic extension if I sent my work permit renewal the same day it expires?

I sent it on the same day and got the receipt 3 days later with the receipt saying it arrived to them 3 days later

James L. Arrasmith
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answered on Sep 21, 2023

If your work permit renewal application was received by USCIS on the same day your previous permit expired, and you have a receipt notice as evidence, you may still be eligible for the automatic extension of your work authorization for up to 180 days while your renewal is pending. It's... View More

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