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District of Columbia Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for District of Columbia on
Q: What is the correct procedure for a Canadian to switch visa from F1 to TN while in the US?

I will be studying in a graduate program in the US starting September 2023. I am a Canadian citizen.

My graduate program has full time and part time options. Currently I have the F1 visa and am enrolled in the full time option.

At the same time, I would like to work for financial... View More

James L. Arrasmith
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answered on Sep 3, 2023

Changing from an F-1 to a TN visa while within the U.S. is possible through filing a change of status application with U.S. Citizenship and Immigration Services (USCIS) using Form I-129. However, this process can take several months, and you would not be able to start work until the change of... View More

2 Answers | Asked in Immigration Law for District of Columbia on
Q: Can I do Advance parole (DACA) for a self-led language immersion trip if I get a support letter & funds from my employer

I've been studying Portuguese using professional development funds at work to gain fluency and provide support in any work we may do in Brazil. I want to do an immersive program but my pro dev funds would only cover the Advance Parole fee. Can I make a case for this if my employer vouches for... View More

James L. Arrasmith
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answered on May 16, 2023

Advance Parole (AP) under DACA is typically granted for specific reasons, such as education, employment, or humanitarian purposes. While a self-led language immersion trip may not fit the typical categories, it may still be possible to make a case for AP if you can demonstrate valid reasons and... View More

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2 Answers | Asked in Immigration Law for District of Columbia on
Q: Can I do Advance parole (DACA) for a self-led language immersion trip if I get a support letter & funds from my employer

I've been studying Portuguese using professional development funds at work to gain fluency and provide support in any work we may do in Brazil. I want to do an immersive program but my pro dev funds would only cover the Advance Parole fee. Can I make a case for this if my employer vouches for... View More

Monica E Rottermann
Monica E Rottermann
answered on May 2, 2023

As it would not be an official program, I do not think that would satisfy the educational purposes requirement. Also, if it is a private tutor, you would have to explain why you could not work with a tutor in the United States or work with that tutor in Brazil via zoom etc. You likely need to find... View More

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: Can I get a G-4 visa after my visa overstay in the US?

Hi, dear experts!

I am a Cameroon passport holder, and I entered the US with a B1 visa and then overstayed it because of circumstances I couldn't control. I was in the US illegally for approximately six months when my country became eligible for TPS. I applied for and received TPS, an... View More

James L. Arrasmith
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answered on Feb 26, 2023

It is possible that your past overstay in the US could affect your eligibility for a G-4 visa. G-4 visas are typically issued to employees of international organizations, such as the United Nations, who are coming to work in the US. In order to be eligible for a G-4 visa, you will need to... View More

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Do I have to pay a fee for the form I-765 (work authorization) if sending it together with adjustment of status I-485?
Monica E Rottermann
Monica E Rottermann
answered on Jul 26, 2022

No, you do not need to pay a separate fee for the I-765. The $1,225.00 fee you pay with the I-485 covers the filing fee for the I-765. However, if you are eligible for and requesting a fee waiver, you would need to include both form numbers on the fee waiver application.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: I got married to a uscitizen im undocumented we are on a same sex marriage, how much would process for green card

Can I only do the process thru a lawyer

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 21, 2022

If you entered the USA with a visa, then you can adjust status after marriage to a US citizen. This is despite the fact that you are out of status currently. You can represent yourself in this process, but if you make a mistake it could be years long delay or an outright denial. Some of us handle... View More

1 Answer | Asked in Business Formation, Business Law and Immigration Law for District of Columbia on
Q: Hey, I was wondering if an immigration consultant business is legal in VA? I didn’t find any restrictions anywhere in VA

I’m not an attorney

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 18, 2022

Even generally, providing any immigration advice without a valid law licence will constitute an unlawful law practice. I would be very apprehensive to do that.

1 Answer | Asked in Employment Law, Immigration Law, Civil Rights and International Law for District of Columbia on
Q: I’m getting married with an Au Pair that finishes contract before. How much time do we have for her not become ilegal?

I am marrying an AuPair. She was supposed to finish her program next May but she wants to quit due to bad relationship with the host family. Because she quits she technically has to leave the country “as soon as possible” but we are not sure how long that is. We want to get married as soon as... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 24, 2022

Is your girlfriend’s J visa subject to the two year residency requirement? If not, she may be able to adjust status after marriage. Discuss the facts of your situation with counsel in a private phone call.

1 Answer | Asked in Employment Law and Immigration Law for District of Columbia on
Q: My fiancée going to be here on a k1 visa, can she still work remotely for her foreign country?
Agnes Jury
Agnes Jury
answered on Apr 22, 2022

Yes but to make it clear that it is foreign income it would be better that her pay is deposited to her foreign bank account. Best wishes!

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Since my husband has no income and his friend will be a joint sponsor for my green card application

will my husband have to be added to the size of sponsor’s household or household includes only the friend- joint sponsor, his wife and kids and myself?

Agnes Jury
Agnes Jury
answered on Apr 5, 2022

Your husband would not be included in the friend's household size unless you and your husband LIVE with the friend/joint sponsor or the friend/joint sponsor claims your husband as a dependent on his taxes. Best wishes!

2 Answers | Asked in Immigration Law for District of Columbia on
Q: Can one person be a joint sponsor for 2 different immigrant friends that are not related ?
Agnes Jury
Agnes Jury
answered on Apr 5, 2022

Yes as long as the sponsor meets the minimum income test counting the two individuals sponsored as part of the sponsor's household size. Best wishes!

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1 Answer | Asked in Immigration Law and International Law for District of Columbia on
Q: Is there national imagination lawyer's guild, and why not publicly advertise to people around the world how 2

People who wish to become American citizens should be given a step by step imagination process with potential immigration lawyers - I think world advertising is in order - avoid the breaking of the law label as illegal as in illegally being here at their own free will - as an illegal?

Matthew T. Famiglietti
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Matthew T. Famiglietti
answered on Jan 29, 2022

The American Immigration Lawyer’s (AILA.)

is an organization of Attorneys who specializes in aiding individuals who have immigration problems including Naturalization, becoming an American citizen, as well as other immigration issues.

2 Answers | Asked in Immigration Law for District of Columbia on
Q: Hi! I have a student status in US and a full time student. I plan on visiting my aunt and cousins in Canada this summer

However I am scared to leave since I do not have a visa. Is it a good decision to apply for a visa at the Embassy of US in Canada? Thank you so much!

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 6, 2022

I would not depart the U.S. without first discussing your obvious prospects of getting stuck abroad.

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: Green card

My green card expires at February 28 but I have already applied US Citizenship. I’m visiting my country in February 10. But I am coming back at February 22. Will there be any problem? Or Is it possible to extend my green card? If it’s possible then how can I extend my green card?

Samuil Buschkin
Samuil Buschkin
answered on Dec 25, 2021

If you have a foreign passport , get a i551 stamp. otherwise, you may have problems reentering on an expired green-card (not proof of status). you will be at CBP's discretion and may have to pay a steep reentry fee. it's a risk, if you cannot avoid taking the trip.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: I want to block online search results of my immigration case decision details issued by the appeals court

for safety and privacy concerns, what is the best option, or any attorney who can petition the court?

Kevin L Dixler
Kevin L Dixler
answered on Apr 14, 2021

If you don’t share your alien number, they can’t access the info. That said, few really know how to access. You must decide whether to stay, then risk detention and removal if the decision is against you!

If not, then it suggests that you were successful in getting relief, so you should...
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1 Answer | Asked in Immigration Law for District of Columbia on
Q: I am a student studying under an F-1 visa and want to visit my my home country. Will I be allowed back into the US?

What circumstances would cause me to be not allowed back into the US after traveling back to my home country, and has COVID-19 made it more difficult to return if I have been vaccinated.

Agnes Jury
Agnes Jury
answered on Mar 15, 2021

It depends what country you are from. You should look at the Dept of State's website for current COVID related restrictions. See: https://travel.state.gov/content/travel/en/traveladvisories/ea/covid-19-information.html

But you should also consult with an immigration attorney if you...
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1 Answer | Asked in Immigration Law for District of Columbia on
Q: How long can I stay out of the United States while I have a green card, in order to get citizenship?
Matthew T. Famiglietti
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Matthew T. Famiglietti
answered on Dec 1, 2020

Given the current political environment, it is very risky for you to leave the country at all because you may have an exceptionally hard time getting back in. It's even more risky if you are returning to your native country if you are alleging a reasonable fear of past or future persecution.... View More

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Can I seek asylum based on my sexual orientation if I am a minor (16 y.o.), I live in Egypt.

Homosexuality in Egypt is a crime punishable by ~15 years in jail, and your future is probably ruined (same with your reputation), assault in prison is inevitable.

My parents are emotionally abusive and homophobic as well.

Matthew T. Famiglietti
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Matthew T. Famiglietti
answered on Nov 12, 2020

The general rule is you can apply for asylum based on sexual orientation if you are being abused in your home country because of your sexual orientation. You would have to prove fear of present persecution based on your sexual orientation and/or the potential of future persecution because of... View More

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Got RFE for I693 saying my previous medical wasn't done by an approved civil surgeon, but he was approved at the time.

I responded to RFE with a new medical exam within the timeframe, but if he was on the approved list at the time I first got medical exam done is there any action I can take to speed up my case? I had to pay another $500 out of pocket for redoing something I had previously done correctly. The RFE... View More

Kyndra L Mulder
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Kyndra L Mulder
answered on Jul 22, 2020

You should have responded with proof of the MD's qualifications. however, since you already went ahead and spent the $500.00 there is nothing you can do. Your case may be placed in it original place in line if you submit the foregoing now.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Is there any updates or exceptions on green-card holder’s laws after pandemic to stay abroad more than 6 months?

How many months a green card holder can stay outside of United States without having any problems to enter the US again?

Should green card holder shows any proof that how many months he or she has been outside of the US?

Thanks

Rebecca Niburg
Rebecca Niburg
answered on Jun 22, 2020

Good morning,

The 6 month rule is less a rule and more of a guideline. Especially during these times, I certainly would make sure you had information about how COVID and travel restrictions have impacted your ability to be in the US. It will come down to whether you intended to abandon...
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