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Immigration Law Questions & Answers
1 Answer | Asked in Criminal Law and Immigration Law for Michigan on
Q: I am a non-US citizen with a bench warrant from Mass. If a court vacates my warrant, can I get through US customs?

A lawyer said they would file a motion to dismiss the warrant and set a new court date and that I had a very good chance of getting the warrant dismissed. Once the warrant was dismissed, could I fly into the US to attend my court date? Or do I risk being stopped by US customs and sent back to my... View More

James L. Arrasmith
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answered on Jul 20, 2024

If your warrant is vacated, it significantly improves your chances of entering the US. However, entry is not guaranteed. Even with the warrant dismissed, US customs can still conduct their own review and may take your past charges into consideration.

When traveling to the US, bring all...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: h1b

I completed my master's degree in summer 2023 as an international student. Unfortunately, my OPT application was rejected due to applying outside the 30-day rule, resulting in the termination of my SEVIS record. Subsequently, I was admitted to a new university, obtained an F1 visa stamp in... View More

James L. Arrasmith
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answered on Jul 20, 2024

You should proceed with applying for the H1B visa since your employer has already offered it to you, and the lottery was successful. This visa will allow you to work full-time and transition from your student status to a work visa, providing stability and a clear career path.

For the...
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2 Answers | Asked in Immigration Law for Texas on
Q: I am Au Pair and my fiancé and i want to get married. Is that possible even though my J1 will expire in July 2025.

I want to change my status here to get a green card so i can live with my future Husband in the USA. Do i have to change the name on my J1 Visa because of marriage? I know i have to change it on all my Documents like passport, driver license… But is my J1 still valid even though my name change in... View More

James L. Arrasmith
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answered on Jul 20, 2024

Yes, you can get married while on a J1 visa. Once married, you can apply to change your status to obtain a green card and live with your future husband in the USA. The name change due to marriage will not affect the validity of your J1 visa.

Your J1 visa remains valid even if your name...
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2 Answers | Asked in Immigration Law for New York on
Q: Please advise if it could help or not to apply for an extension of stay, what chance do I have to get a new tourist visa

Hello. I came to U.S. on a tourist visa. I was allowed to stay legally in U.S. for 6 months. I quit a job that I had regarding my birth country while I was in U.S. I had a marriage license in U.S. during a part towards the end of those 6 months and about one month and some days during overstay. We... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 7, 2024

A US Citizen can sponsor an immigrant after marriage for his green card despite your overstay, provided you entered the US with permission which you did. If you are an overstay and don’t get married and then exit the US, you may be subject to a 3 or 10 year bar depending on the length of your... View More

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2 Answers | Asked in Immigration Law for New York on
Q: I am a U.S. citizen. If I marry someone outside the U.S.A., how can I bring her to the U.S.A? I am a man.
Stephen Arnold Black
Stephen Arnold Black
answered on Jul 7, 2024

If you marry a US Citizen outside the US, you can return to the US and file a spousal petition where your wife would process at the US Consulate in her country. The process involves filing multiple forms and documents and processing speed could last anywhere from 6 months to 18 months.

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3 Answers | Asked in Immigration Law for California on
Q: How do I get my dad a green card? And how much does it cost?

I am from Arizona

Nassim Arzani
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Nassim Arzani
answered on Jul 3, 2024

Obtaining residency in the United States depends on several important factors. Here are some questions to consider:

1. How did your father enter the United States?

2. Does he have any criminal convictions?

3. Does he have any encounters with border patrol?

An...
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3 Answers | Asked in Immigration Law for California on
Q: How do I get my dad a green card? And how much does it cost?

I am from Arizona

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 3, 2024

If Dad entered the United States with permission, he can adjust status if you are a US citizen over the age of 21. He shouldn’t file his adjustment case until 90 days after entry. The entire process can take between eight months minimum to 18 months. Some of us charge a reasonable flat rate fee... View More

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1 Answer | Asked in Immigration Law for California on
Q: I’m an asylee, can I return to my home country and then come back to the US with an H1B or F1 visa?

I became an asylee in March 2022. Applied for AOS in Feb 2024. Still waiting. I’m here alone, no family. I miss my family and I have come to decide that I can no longer wait (it’s already been 4 years) to see my family. I want to be a non immigrant in the US. I do not want to reside... View More

James L. Arrasmith
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answered on Jul 3, 2024

This is a complex situation with potentially serious legal implications. While I can provide some general information, it's crucial that you consult with an experienced immigration attorney before taking any action. Here are some key points to consider:

1. Returning to your home...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: EB1 with an i140 approved, but god forbid if I get laid off, and forced to return to my home country

EB1 with an i140 approved (self-petitioned), but god forbid if I get laid off, and forced to return to my home country (China/India), will I lose my priority date? my priority date won't be current for a few years.

If I'm in the home country for a few years, will I lose my ability... View More

James L. Arrasmith
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answered on Jul 2, 2024

To answer this question accurately, let's break it down into several key points:

1. Priority Date Retention:

Generally, you can retain your priority date from an approved I-140 petition even if you change employers or leave the country. The priority date is typically preserved...
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1 Answer | Asked in Immigration Law for Texas on
Q: Is it a big issue if my DS-160 is different from my resume I applied for the company in the Green Card process?

Hi. I am a international student on F1 visa and recently I was hired by a company on CPT. They agreed to sponsor my green card. So for Green card process they asking for my resume. Now my problem is that my DS-160 (my experience mentioned there) doesn't match with my resume. Is it critical,... View More

James L. Arrasmith
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answered on Jul 2, 2024

This is a complex situation that could potentially have significant implications for your immigration process. Here's a concise overview:

1. Discrepancies between official documents and your resume can be problematic in immigration matters.

2. The DS-160 is a government form,...
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2 Answers | Asked in Family Law and Immigration Law for Texas on
Q: Hello, I have a question regarding getting married in the U.S., with one person being a foreigner.

I met my Fiancè over two years ago. We were dating for 1 1/2 years before I proposed to her. She has been entering on an ESTA. I proposed to her of March this year in the U.S. As relations between her country (in European Union) and the US government are not good, we would like advice on how to... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 2, 2024

An immigrant entering on ESTA can only intend to visit and cannot have preconceived intent when entering the US. However, there is nothing wrong with entering on ESTA with the intent to visit but later on changing your mind and wanting to stay. This is far more common than you would think. It is... View More

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2 Answers | Asked in Family Law and Immigration Law for Texas on
Q: Hello, I have a question regarding getting married in the U.S., with one person being a foreigner.

I met my Fiancè over two years ago. We were dating for 1 1/2 years before I proposed to her. She has been entering on an ESTA. I proposed to her of March this year in the U.S. As relations between her country (in European Union) and the US government are not good, we would like advice on how to... View More

James L. Arrasmith
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answered on Jul 2, 2024

Here's a concise response to the situation:

1. ESTA and Marriage: You can legally marry while your fiancée is in the US on an ESTA. However, entering on an ESTA with the intent to marry and stay permanently could be considered visa fraud.

2. Options to Consider:

a) K-1...
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1 Answer | Asked in Immigration Law on
Q: Unsure if I am eligible for CSPA (US VISA) PLEASE HELP!

Dob: 20 Sep 2000

Pd: 23 Jul 2007

Approved: around 2010

Payment processed date: 10 Mar 2021

Ds-260 completed: 21 Mar 2021

Dq: 26 Nov 2022

These are the only details I have for now.

Category: F4

Country: Others

Unsure of the... View More

James L. Arrasmith
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answered on Jul 2, 2024

To determine your eligibility for the Child Status Protection Act (CSPA), we need to calculate your CSPA age. Here's a step-by-step analysis based on the information you've provided:

1. Date of Birth: September 20, 2000

2. Priority Date (PD): July 23, 2007

3. Visa...
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1 Answer | Asked in Family Law, Immigration Law and Tax Law for New York on
Q: My father want to become netrilize citizen of U.S and he didnt pay tax of 2 years will it effect on his case.

Hi i am abroad of U.S my father is in new york city he wants me to go there now he wants to file 130 petition and also he is a green card holder and also wants to applay for citizenship ( want to neutralize) but he didnt give tax for 2 or 3 year( because of some reasons) will this effect on his... View More

James L. Arrasmith
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answered on Jul 2, 2024

To address this situation, there are a few key points to consider:

1. Tax obligations:

Not filing taxes for 2-3 years could potentially affect your father's naturalization application. When applying for citizenship, USCIS (U.S. Citizenship and Immigration Services) looks at...
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1 Answer | Asked in Immigration Law for Virginia on
Q: Pretended to be my sibling on a phone call with USCIS agent. Will my sibling's app have issues?

My sibling applied for N400. She's currently out-of-states for a break. She got a notice few days ago that the biometrics appointment is scheduled for mid-July. However, she will not be able to attend that appointment, as she plans to head back to the states in late August. She tried to... View More

James L. Arrasmith
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answered on Jul 2, 2024

I understand you were trying to help your sibling. Here are some suggestions for how to handle this situation:

1. Your sibling should contact USCIS directly as soon as possible to explain the situation honestly. They can call USCIS or use the online tools to reschedule the appointment...
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1 Answer | Asked in Immigration Law for New York on
Q: If im a visitor with a U.S Visa and i commit an offense of shopliftiing which is in violation of N.J.S. 2C:20-11B(2)

My fingerprint was taken at the police station and i have a court date set to appear virtually. Should i get a lawyer?

Will this affect me traveling to the united states inthr future after paying fines or community services?

James L. Arrasmith
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answered on Jul 2, 2024

I understand you're asking about the potential consequences of a shoplifting offense as a visitor to the U.S. on a visa. This is a serious situation that could have significant immigration implications. Here's some general guidance:

1. Legal representation: Yes, you should...
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1 Answer | Asked in Immigration Law on
Q: Could i apply for form I-212 and I-30 together at the same time ?
James L. Arrasmith
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answered on Jul 2, 2024

To answer this question accurately, it's important to understand the purposes of Form I-212 and Form I-130:

1. Form I-212: This is an Application for Permission to Reapply for Admission into the United States After Deportation or Removal.

2. Form I-130: This is a Petition for...
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2 Answers | Asked in Immigration Law for Georgia on
Q: Question of immigration status and my wife’s income

I have applied for status in Georgia but my wife is on welfare and section 8, does that affect my application even I have another sponsor and my family in another country sends me money??

James L. Arrasmith
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answered on Jul 2, 2024

Based on the information provided, here are some key points to consider:

1. Your wife's welfare and Section 8 benefits may potentially impact your immigration application, but it's not necessarily disqualifying.

2. Having another sponsor is helpful, as it shows additional...
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1 Answer | Asked in Immigration Law for Texas on
Q: As a green card holder, if my re-entry permit application is rejected, what options do I have to address the issue?

I am a green card holder and applied for a re-entry permit on October 31, 2023, citing the reasons of "caring for my 75-year-old mother and settling an inheritance property." I provided fingerprints on November 30, 2023, and left the USA on December 26, 2023. Since then, I have checked... View More

James L. Arrasmith
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answered on Jun 30, 2024

Based on the situation you've described, here are some options you might consider:

1. Wait for a decision:

Given the USCIS response about high volume and long processing times, waiting for a decision is a valid option. However, this may be challenging if you need to stay abroad...
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2 Answers | Asked in Immigration Law for Florida on
Q: HOW LONG WE HAVE TO WAIT TO GET MARRIED WITH A TOURIST VISA?

I am a US citizen living in Florida and my fiancee has just began living with me, she entered the country a month ago with a tourist visa, can we get married shortly after she entered the country or we have to wait 60-90 before doing the marriage ceremony? she wants to do the change of status here... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 30, 2024

The issue is one of intent. If a visitor on a tourist visa enters the US with the intent to visit but changes her mind and wants to get married, that is permissible. But if she entered the US with intent to adjust status after marriage, that is a no no. It’s based on an honor system but you have... View More

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