I'm a F1 visa holder and i am currently outide US for winter break. I came a week ago to my home country and will go back next month to US. Can I work on my college's web development project. I will get paid based on hours for this project, but this project is a part of my college's... View More 
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answered on Nov 22, 2023
Regarding your F1 visa status, the key aspect is whether the work qualifies as Curricular Practical Training (CPT) or Optional Practical Training (OPT). Since the project is part of your graduation requirements, it might be considered as CPT. However, you must have authorization from your... View More
Planning to hire H4Ead candidate
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answered on Nov 18, 2023
When hiring an individual on an H-4 EAD (Employment Authorization Document), your company generally does not need to submit any forms to the Department of Labor or USCIS specifically for their employment. The H-4 EAD allows the holder to work for any employer in the United States without the need... View More
Is it legal and from immigration and tax perspective what are things we need to make sure that we are compliant with law.
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answered on Oct 18, 2023
Being on an H1B visa, you can establish or invest in an LLC; however, you cannot actively manage or work for the business without proper work authorization specific to that role. Your wife, on an H4 EAD, can legally work for and manage the LLC since she possesses employment authorization. Ensure... View More
Is it legal and from immigration and tax perspective what are things we need to make sure that we are compliant with law.
answered on Oct 15, 2023
Yes, you can start a LLC in your particular State. The two are not related. In fact, if you lived and were a resident of a foreign country, you can open an LLC in the U.S. You would list yourself and your foregin address, but you would need a resident agent in the State where the LLC is opened.
Good day. My husband and I flew to the USA on 12/01/2022 by u4u, the children arrived on 07/07/2023 also by u4u, can we submit the I-485 form to receive a Green Card or apply for the lottery on the official website? Thank you.
answered on Oct 11, 2023
The U4U humanitarian program announced by the USCIS is a temporary response by the current Administration to address a humanitarian crisis in Europe. However, that program does not have any statutory remit to seek adjustment of status to permanent residence in the United States absent of necessary... View More
Good day. My husband and I flew to the USA on 12/01/2022 by u4u, the children arrived on 07/07/2023 also by u4u, can we submit the I-485 form to receive a Green Card or apply for the lottery on the official website? Thank you.
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answered on Oct 14, 2023
For adjustment of status via Form I-485, typically you need to have an approved immigrant petition and an available immigrant visa number. The Diversity Visa (DV) Lottery application is separate and is typically made through the official U.S. Department of State website. If selected, you'll... View More
What can I do to get a work authorization card or adjustment of status?
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answered on Oct 14, 2023
A DUI conviction can be a significant barrier for DACA eligibility. If you were denied DACA due to this conviction, revisiting that decision solely based on DACA would be challenging. However, for obtaining work authorization or adjusting status, there are several potential paths, depending on... View More
What can I do to get a work authorization card or adjustment of status?
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answered on Sep 26, 2023
If you were denied DACA (Deferred Action for Childhood Arrivals) due to a DUI conviction in Illinois, your options may be limited. DUI convictions are generally considered significant misdemeanors under DACA guidelines, which could disqualify you. You might consider seeking a post-conviction relief... View More
Hi, I start University in Chicago In January. I'm currently a Sweden resident and have a ESTA visa waiver. I want to travel to the US 30 days before my student visa date. AND I want to visit the US for about 3 months before my student visa. So if I were to do this I've heard I would have... View More
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answered on Sep 24, 2023
You can enter the US on the ESTA Visa Waiver Program before the start date of your F-1 student visa. However, if you plan to exit and re-enter the US on your F-1 visa, border officers will assess your intent upon re-entry; rapidly re-entering could raise suspicions about your intentions. While... View More
Hello, I've recently been accepted into a university in Chicago for the spring of 2024. The thing is I haven't received my I-20 form yet so I can't start my student visa application just yet. I should have it by the end of the week hopefully. But I'm planning on visiting my... View More
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answered on Sep 21, 2023
It's generally not advisable to enter the US on a tourist visa or visa waiver with the intent to change your status to a student visa while in the US. It's best to apply for your student visa through the US Embassy or Consulate in Sweden as per the standard process. Attempting to change... View More
answered on Sep 15, 2023
There is no such thing as an "accidental" theft. The crime of theft requires the mens rea of "knowingly" and, in the most common instances, the specific intent to deprive the owner permanently of the use or benefit of the property.
An accidental taking of property--for... View More
If a J-1 visa falls of status due to shortening of the program, and its J-2 dependents are already enrolled in a public school (say kindergarten), would they still be allowed to attend during the 30 days grace period given to leave the country?
answered on Aug 22, 2023
J-2 dependents can no longer study during the 30-day grace period. They may remain in the U.S., but must exit before the grace period ends.
As a Canadian citizen, am I allowed to establish an LLC in the US and get paid via 1099 instead of W-2? I would be in contract with a US-based sponsor for my TN visa of course. Based on what I read, I cannot sponsor myself using an LLC that I establish in the US, but I would not be doing that.
answered on Aug 13, 2023
If you are employed for more than 183 days, then you are a tax resident. If you are employed in TN status, then you are not an independent contractor, so the W-2 form is the appropriate form, not the 1099.
Creating a company can cause confusion as to whether you are engaged in employment... View More
If the immigration judge closed the case in absentia, the respondent didn't attend because he/she didn't receive any NTA (old address). The respondent is going to file a motion to reopen, but the judge will deny it, and the respondent will file an appeal with the Board of Immigration... View More
answered on Aug 13, 2023
I agree with my colleague. You must first determine whether you can argue that you did what was necessary to sustain a motion to re-open. Some are disqualified even if they missed their hearing date.
The automatic stay only applies when the motion to re-open awaits review at the Immigration... View More
If the immigration judge closed the case in absentia, the respondent didn't attend because he/she didn't receive any NTA (old address). The respondent is going to file a motion to reopen, but the judge will deny it, and the respondent will file an appeal with the Board of Immigration... View More
answered on Aug 9, 2023
If the respondent did not attend the hearing, then most likely the judge ordered the respondent removed in absentia. If the respondent qualifies for a motion to reopen based on lack of notice, there would be an automatic stay when the motion to reopen is filed with the immigration court. However,... View More
If I was arrested in 2017 (for shoplifting or theft) under someone else's identity (meaning the police did not have my name on the arrest) and my fingerprints were taken at the police station, and the case was judged and expunged, and during my interview with uscis for a green card I confirm... View More
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answered on Aug 6, 2023
Providing false information to USCIS can result in the denial of your adjustment of status application and may also lead to findings of fraud or misrepresentation. If a denial is issued, you have the option to file a Motion to Reopen or Motion to Reconsider with USCIS or to pursue an appeal with... View More
If I was arrested in 2017 (for shoplifting or theft) under someone else's identity (meaning the police did not have my name on the arrest) and my fingerprints were taken at the police station, and the case was judged and expunged, and during my interview with uscis for a green card I confirm... View More
answered on Aug 1, 2023
If you lie, that is you omit what is considered a material fact, such as an arrest, which turns out to be a conviction as a matter of immigration law, then the adjudicator ought to deny your application. You are inadmissible.
It seems like the adjudicator was giving you a chance. Your... View More
I am filing I-130 for my brother. He was denied entry to US after getting B1/B2 visa with his family a month ago at ORD airport and were made returned to their birth country on the same day. Immigration officers at the airport said you do not have enough finance to stay in the US and your returning... View More
answered on Jun 20, 2023
Immigration proceedings means that the person received a notice to appear before an Immigration Judge at Immigration Court (or EOIR aka Executive Office for Immigration Review). The denial of your brother's tourist visa does not appear to have placed him in immigration proceedings as he never... View More
Hello. I been married American citizen for 5 years. I applied for green card May 2020 and we went to interview December 2021 and since that we are waiting for respond. Our lawyer sends inquiry every month but nothing chance. My question is can I do anything else and also can I apply for citizenship... View More
answered on May 30, 2023
You can ask for assistance from your congressional representative, there is usually a tab on the congressional rep’s website for help with a federal agency. You can locate who to contact on this website: https://www.house.gov/representatives/find-your-representative
As you have not yet... View More
Hello. I been married American citizen for 5 years. I applied for green card May 2020 and we went to interview December 2021 and since that we are waiting for respond. Our lawyer sends inquiry every month but nothing chance. My question is can I do anything else and also can I apply for citizenship... View More
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answered on Jun 1, 2023
Yes, you can do a few things. A general rule of thumb from USCIS (US Citizenship and Immigration Services) when it comes to pending cases is to wait for 120 days before asking for updates. However, it has been over 15 months since your interview and there has been no update from USCIS. You can:... View More
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