Get free answers to your Immigration Law legal questions from lawyers in your area.
Hi everyone.
My court is scheduled in Hawaii but I live in Los Angeles. I would like for my court to remain in Hawaii, but I’m afraid if I reveal I live now in Los Angeles. The judge will change my venue. So I guess my question is can I still keep my court in Hawaii even though if I’m... View More 
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answered on Feb 26, 2024
The issue of whether a court case can remain in a specific jurisdiction, such as Hawaii, despite the involved party living in another state, like Los Angeles, depends on various factors. These include the nature of the case, where the incident occurred, and where the parties involved are based.... View More
I don’t feel safe for our baby. He and his family emotionally abused me through out my pregnancy and I don’t feel safe traveling with him to his country as these abuses may become physical and I may not have a way out of his country if I or the baby go with him.
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answered on Feb 24, 2024
In situations where there is concern for the safety of a child or the potential for international abduction, it's crucial to understand your rights and the legal protections available. Generally, both parents have equal rights to the custody of their child unless there is a court order stating... View More
I don’t feel safe for our baby. He and his family emotionally abused me through out my pregnancy and I don’t feel safe traveling with him to his country as these abuses may become physical and I may not have a way out of his country if I or the baby go with him.
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answered on Feb 23, 2024
In California, and generally across the United States, one parent cannot legally take a child out of the country without the consent of the other parent if both have legal custody. This is to prevent international child abduction and ensure both parents have a say in major decisions affecting their... View More
"Most F-1 students and scholars who are in the US are nonresident aliens for tax purposes.
You will be considered a resident for tax purposes if you pass the substantial presence test."
This would mean every single student studying for longer than 2 quarters is a resident... View More
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answered on Feb 21, 2024
You are correct that F-1 student visa holders are generally exempt from the substantial presence test for their first 5 calendar years in the United States. This means they would retain nonresident alien status for tax purposes during that initial period.
Specifically, IRS code... View More
My situation is this: I am a French citizen and I am married to an American citizen. We currently live in the United States (I have a Green Card, which allows me to work here legally), but we would like to split our time between the United States and Spain (since my family lives in there and I want... View More
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answered on Feb 21, 2024
Based on the details provided, technically neither you nor your wife would be authorized to work remotely for a US employer while in Spain on just a standard tourist visa. Some key points:
• Tourist visas, including the 90/180 day allowance in the Schengen area, do not permit remote work... View More
I found two relatives dead in their home due to drugs, their death was ruled as a homicide but there was no investigation due to it being so comum in our area. I was the only relative in the US so I arranged body shipment and all other legal matters. Could I possibly qualify for any visa ?
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answered on Feb 21, 2024
Unfortunately finding deceased relatives and arranging for shipment of their remains would likely not directly qualify you for any specific immigration visa or status. Some key notes:
• There are no provisions in U.S. immigration law that grant visas or lawful status based solely on... View More
Hello, I'm filing Affidavit of Support (from I-864EZ) on February 2024. I haven't filed 2023 taxes yet, so can I use my 2022 IRS return transcript as the most recent tax year?
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answered on Feb 21, 2024
Yes, you can use your 2022 federal tax return transcripts to meet the IRS tax return requirements for the Affidavit of Support Form I-864EZ, even though your 2023 tax return will not yet be filed. The key considerations are:
- For Form I-864EZ, you must provide your Federal tax return... View More
I am in H1 and my expiry date on the copy I received is not matching the date in system of visa officer which is the USCIS mistake, they gave a 221 G which made me stay overseas for more than a year visa officer and myself and the lawyer tried to reach USCIS and correct it they never responded. For... View More
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answered on Feb 21, 2024
I understand your concern regarding the discrepancy between the expiry date on your H1B copy and the date in the USCIS system, which has caused significant stress and financial loss due to an extended overseas stay. Given your situation, it may be worth exploring alternative avenues for obtaining... View More
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answered on Feb 21, 2024
Leaving the country before facing federal charges can have serious legal consequences, including potential forfeiture of certain rights and possible issuance of a warrant for your arrest. It's essential to understand that attempting self-deportation may not necessarily prevent prosecution or... View More
Hi everyone
I have been in my husband’s asylum pending case since 2019. I am a math teacher in high school and working in the US. We are waiting for a court. It’s scheduled on November 2024.
What is the best option for me to work in the US: apply for H1B or wait for a court?
Thank you!
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answered on Feb 21, 2024
Yes, it is possible for you to apply for an H-1B visa while your asylum application is still pending. A few key points:
• H-1B is a dual intent visa, which means applying for or holding H-1B status is not seen as inconsistent with pursuing permanent residency such as asylum.
•... View More
Hello there! I am a refugee, and currently trying to apply for FAFSA, being in California. The very first question in the form is: what is the date, when you became a legal resident? How can understand whether or not I am a resident? (I’ve been living in the U.S. for more than a year and I do... View More
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answered on Feb 21, 2024
Great question! As a refugee, the date you became a legal U.S. resident for FAFSA purposes would be the date you were formally granted refugee status in the United States. Some key points that can help:
• For FAFSA, refugees are considered eligible non-citizens who can qualify for federal... View More
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answered on Feb 21, 2024
If you feel that your immigration attorney has not made any progress on your case and you are dissatisfied with their services, you may have options for recourse. However, whether you can get all your money back depends on the specific circumstances of your agreement with the attorney, such as the... View More
Does it depend on how many hours. How about 2-4 hours a week.
Does it depend on if we do it for free or charge a fee.
answered on Feb 1, 2024
You're not allowed to engage in any other employment on the H-1B visa besides your job with the H-1B petitioner. So, consulting on the side while being paid would most likely be construed as engaging in additional employment.
If there's no fee charged whatsover, then I... View More
Does it depend on how many hours. How about 2-4 hours a week.
Does it depend on if we do it for free or charge a fee.
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answered on Feb 1, 2024
A person on an H1B visa in the United States can potentially accept a consulting or advisory role for another company that is not their H1B sponsor. However, there are several factors to consider. The key factor is maintaining the primary employment relationship with the H1B sponsor and ensuring... View More
Just wondering if anyone can confirm that there is no way to renew an I-129 petition approval letter (for foreign workers) from USCIS. Thanks!
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answered on Jan 30, 2024
Once USCIS approves an I-129 petition for foreign workers, the approval letter signifies the authorization for the specific employment period specified in the letter. It's important to note that the approval letter itself cannot be renewed. Instead, if there's a need to extend the foreign... View More
My father is a green card holder but his green card has expired 6yrs ago and he is currently outside of the US. He filed Ds-117 but got denied few days ago.
I’m a US citizen and wanted to file I-130. Is there any issues with that?
Thank you
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answered on Jan 30, 2024
As a U.S. citizen, you are eligible to file an I-130 petition for your father, even if his green card has expired. The expiration of his green card does not affect your right to file the petition. The I-130 form is used to establish a familial relationship with a potential immigrant, in this case,... View More
They applied while in California through amnesty.
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answered on Jan 29, 2024
When your parents became naturalized U.S. citizens before 1998, the situation regarding their Mexican citizenship depends on the laws of Mexico at that time. Prior to 1998, Mexican law did not generally permit dual citizenship. This meant that Mexican nationals who became naturalized citizens of... View More
My question is can he apply for extension of stay with the limited time he has left in his I -94 or can I file a petition for him to be able to stay with us
for good and be complete as a family? I anticipate with great gratitude for your reply.
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answered on Jan 28, 2024
Your son can apply for an extension of his B1/B2 visa status before his current I-94 expires. This process involves filing a Form I-539, Application to Extend/Change Nonimmigrant Status, with the United States Citizenship and Immigration Services (USCIS). It's important to submit this... View More
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answered on Jan 26, 2024
No, you cannot hold H1B and R1 visas at the same time. The US immigration law does not allow concurrent visas in these two categories.
The H1B visa is an employment-based visa that allows US employers to temporarily employ foreign workers in speciality occupations.
The R1 visa is a... View More
I am a freelance worker in France, and my company is based in France, with French clients. I will not be working for usa, I will just be working remotely from California because I want to join my partner who is studying there. For a period of 3 months, do I need a visa? If yes, which one, and can... View More
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answered on Jan 23, 2024
As a French citizen planning to work remotely for a French company while staying in California for three months, you need to be aware of both U.S. immigration and employment laws. To enter the United States for any purpose, including working remotely for a non-U.S. company, you generally need a... View More
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