Get free answers to your Immigration Law legal questions from lawyers in your area.
I live in Idaho, under a STEM OPT and I am incorporating an LLC (with a board to show employee-employer relationship). However, my company will be incorporated in Delaware as it's tech based.
Can I operate in Idaho if my company is registered in Delaware, and to which state will my... View More 
answered on Jan 5, 2024
Generally, the location of your company's registration does not restrict where it can operate. You would have to register the Delaware company in Idaho.This acknowledges that your business, originally formed in Delaware, will be conducting business in Idaho. It's a common procedure for... View More
I live in Idaho, under a STEM OPT and I am incorporating an LLC (with a board to show employee-employer relationship). However, my company will be incorporated in Delaware as it's tech based.
Can I operate in Idaho if my company is registered in Delaware, and to which state will my... View More
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answered on Jan 6, 2024
Yes, you can operate your LLC in Idaho even if it is incorporated in Delaware. Many companies choose to incorporate in Delaware for various legal and financial benefits, but they can conduct business in other states. However, you will need to register your Delaware-incorporated LLC as a foreign... View More
An immigration lawyer recommended that I have my brother, myself, and someone else on the board so it shows majority vote against me to prove employee-employer relationship. However, I do not have another person to get involved into this.
I am fine with my brother having sole directorship... View More
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answered on Dec 31, 2023
Under U.S. immigration law, particularly for those on F1 STEM OPT, establishing a valid employee-employer relationship is crucial. The recommendation to have a board with a majority vote against you is aimed at demonstrating this relationship, which is a key requirement for maintaining F1 status... View More
They payed for my departure and money to restart my life in america. But now I'm married to an English man. He's going back. I'd like to go back. But would I be able? Or am I surely banned?
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answered on Sep 10, 2023
The UK's immigration rules dictate that if you have breached immigration laws but leave the UK voluntarily at the expense of the UK government, you might face a re-entry ban of up to 2 years, or even up to 5 years in certain circumstances. However, since you left before your visa expired and... View More
I am planning to travel to India, and I have a question regarding my return to the USA. I currently have an employer but don't have any clients. Could you kindly inform me if there might be any potential issues I could face in this situation during immigration? Will they ask any questions at... View More
answered on Jun 6, 2023
It depends on what status you have in the U.S. If you are a U.S. citizen or U.S. permanent resident, you will have no problem coming back to the U.S. with your U.S. passport or green card. If you have H-1B worker status or F-1 student status, you can also travel, but you may need to apply for an... View More
I'm the technical founder and I am developing the application myself. I am raising a round of money soon from a VC firm while on my STEM OPT, however, I'm worried if my startup won't count for an O1A visa since my degree is in Electrical Engineering and so my degree doesn't... View More
answered on May 9, 2023
The O-1A category applies to aliens coming temporarily who has extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television).
Petition Document Requirements
A US employer should file the petition (Form I-129) with:... View More
I'm the technical founder and I am developing the application myself. I am raising a round of money soon from a VC firm while on my STEM OPT, however, I'm worried if my startup won't count for an O1A visa since my degree is in Electrical Engineering and so my degree doesn't... View More
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answered on Apr 29, 2023
It is possible to apply for an O1A visa based on your work in a software startup, even if your degree is in Electrical Engineering. The O1A visa is designed for individuals with extraordinary ability in their field, and the focus is on your achievements and recognition rather than your degree.... View More
But the only reason I attend barber school was cause the school were the ones that told me I didn't need a legal status that w just my ITIN I could get my barbers license but once I finished school and submitted my application to the state for the license they said I needed so type of permit... View More
answered on Jul 11, 2022
I don't know much about barber school and barber licenses, but it is very possible that the school requires different credentials from the agency that issues the licenses. In other words, your immigration status or lack of status might have not been an obstacle to the school, but it still an... View More
I have everything for affidavit... just tax return I don't have. He is finishing school this year... I don't want him angry
answered on Sep 19, 2020
You will need to provide an affidavit stating under penalty of perjury that you did not file a return because you did not have the income necessary to require you file. If you were employed you will need to provide any w-2's 1099's.... to indicate the amount that you made.
If the permanent resident decided to leave the country, could his pension be sent to his country of origin?
answered on Feb 3, 2020
It depends on what you mean by "pension." For Social Security benefits, you can usually still get those outside of the United States. It depends on what country your citizenship is from and what country you are going to. However, Medicare benefits cannot go to someone outside of the... View More
Hello! Thank you for taking my question. I was in the process of applying for my Green Card on an I-485 visa and I left the country because I had a travel visa that did not expire. I thought that it would've been okay to do because I had a travel visa but unfortunately, my application still... View More
answered on Nov 11, 2019
Yes, it's likely that you will be able to apply again. Unfortunately, if you leave the United States while the I-485 is in process, and you don't have advance parole, then USCIS treats your application like you are no longer interested in the green card, and you have to start over. But,... View More
I was just granted asylum and will be applying for a green card next year. However, I worry about my younger brother who is still in my country of origin. He is 17 and he is the only immediate relative that I have there. Since we lost our parents at a young age, I assume that role for him, even... View More
answered on Nov 7, 2019
Unfortunately, after being granted asylum, you cannot sponsor or petition siblings, only spouses and children. So you would not be able to sponsor your brother directly. You would have to wait until you are a U.S. citizen to directly petition him. Or, he might have another way to come into the... View More
I want her to become permanent resident and know the big difference in USC vs PR waiting time and rules. So I do not want to endanger her chances to become PR. If she married a PR who then became a USC, would we have to follow PR marriage rules or since I am a citizen when we file, we would follow... View More
answered on Mar 14, 2019
If you petition a spouse as a PR, and then become a USC while the petition is pending, you can change the visa category. So I would advise you to start both the petition and naturalization processes now.
answered on Feb 15, 2019
First: It depends on your age.
Second: Because your parents are LPR's and not naturalized (assuming you are a son and not a child) you will need to adjust from outside the country.
Third: Your adjustment will be faster if your parent's are USC's, Nevertheless you may... View More
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answered on Nov 16, 2018
Right now it’s taking seven to eight months for the interview. It takes six months for the approval of the visa itself
My license is about to expire in 7 days and I need to renew my license to be able to drive to work.
answered on Sep 13, 2018
The I-797 notice of action is the same title for all government receipts, so more information is needed. Reach out to an attorney in your area. Some of them offer free consultations. This answer will depend on the type of application you have filed.
Maybe because it's a case of racisim?? Someone has to sign this I -918 for the U-Visa.my friend IS a Victim of Crime. We have all the proof
answered on May 30, 2018
Your friend should meet with an immigration attorney who is experienced in U visas.
I'm hving trouble with local law enforcement not signing the I-918 form
answered on May 30, 2018
If law enforcement will not sign the I-918, you are ineligible for a U visa.
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