Immigration Law Questions & Answers

Q: I'm a DACA recipient. Can I take a San Diego whale watching ferry tour without fear of deportation?

1 Answer | Asked in Immigration Law for Arizona on
Answered on May 22, 2018
Carl Shusterman's answer
Yes you can as long as the ferry does not leave the US.
View Details »

Q: US cit. to marry italian/colombian here on F-1 Visa, can they have religious wedding within 90 days and legal after 90d?

1 Answer | Asked in Family Law and Immigration Law for Texas on
Answered on May 22, 2018
Hector E. Quiroga's answer
There are certain assumptions made by immigration authorities on the topic of marriage and how quickly after entry on a nonimmigrant visa a noncitizen marries a citizen or permanent resident. The longer he stays, before marriage the less presumption of fraud. 80 days is generally outside that presumption of fraud window, though your fiancé’s intent will still likely be scrutinized in an interview situation.

A religious wedding amounts to a civil wedding in the US; therefore, there...
View Details »

Q: we apply in September 2017 for I 485 in Chicago . I got the work permit but not the interview. When should I get that ?

1 Answer | Asked in Immigration Law for Illinois on
Answered on May 22, 2018
Carl Shusterman's answer
You can look at the USCIS website to see processing times. In most offices, it takes about one year for a green card marriage interview.
View Details »

Q: question on concurrent H1-B which is working for multiple employers.

2 Answers | Asked in Employment Law and Immigration Law for Arkansas on
Answered on May 21, 2018
Kevin L Dixler's answer
No attorney can explain in detail how the situation works. That will likely take a paid appointment. What we can state is that you cannot work full time for two employers. In addition, if employer B files an H1b for you, you will likely have to work for employer B, only. Also, if the new job is not substantially similar to the old job, then you can't work until the H-1b visa change of status/employers is approved.

I strongly recommend an appointment or teleconference with a...
View Details »

Q: My name is ANDERSON I have 40 I'm Brazilian and I'm in chapel hill I've been 2 years, I've seen a tourist but it's expir

1 Answer | Asked in Immigration Law for North Carolina on
Answered on May 21, 2018
Carl Shusterman's answer
Anderson, do you have a question that relates to immigration law?
View Details »

Q: how can i obtain a replacement greencard without paying any fees?

1 Answer | Asked in Immigration Law for California on
Answered on May 21, 2018
Carl Shusterman's answer
ou may request a fee waiver if you are unable to pay the filing fees or biometric services fees for an application or petition that is eligible for a fee waiver. When you request a fee waiver, you must clearly demonstrate that you are unable to pay the fees.

You can find the list of applications and petitions that are eligible for a fee waiver at www.uscis.gov/I-912 or refer to 8 CFR 103.7(c)(3). For filing tips and additional information, see www.uscis.gov/feewaiver.

You do not...
View Details »

Q: I completed my bachelors in December (my completion end date was in February). Since I graduated in feb, I thought my pr

2 Answers | Asked in Immigration Law for Texas on
Answered on May 21, 2018
Carl Shusterman's answer
Complex situation. You should not try to solve this online. Schedule a consultation with an experienced immigration attorney.
View Details »

Q: I am Registered nurse from india.I had approved I 140 petition which was filed in 2007 by one employer.

1 Answer | Asked in Immigration Law on
Answered on May 21, 2018
Carl Shusterman's answer
They should request that the USCIS allow you to retain your 2007 priority date.
View Details »

Q: Green card for 19 years. 9 month stay outside ending in June 2015. Physically present since. When can I file N400

1 Answer | Asked in Immigration Law for Kansas on
Answered on May 21, 2018
Carl Shusterman's answer
You can file your N-400 immediately as long as you have been physically present in the US for at least 30 out of the past 60 months.
View Details »

Q: about a year from now my car got stolen and my greencard was inside of car,how can i obtain a replacement without paying

1 Answer | Asked in Immigration Law for California on
Answered on May 21, 2018
Carl Shusterman's answer
Complete the most current version of Form I-912, Request for Fee Waiver. Instead of the form, we will also accept a letter with all the necessary information that states your request for a fee waiver, is signed by everyone requesting the fee waiver, and includes all the necessary supporting evidence.
View Details »

Q: how can i obtain a replacement greencard without paying any fees?

1 Answer | Asked in Immigration Law for California on
Answered on May 21, 2018
Carl Shusterman's answer
Complete the most current version of Form I-912, Request for Fee Waiver. Instead of the form, we will also accept a letter with all the necessary information that states your request for a fee waiver, is signed by everyone requesting the fee waiver, and includes all the necessary supporting evidence.
View Details »

Q: Can I travel abroad without green card in my hands if my green card is currently in USCIS being replaced cause of error?

1 Answer | Asked in Immigration Law for New York on
Answered on May 21, 2018
Svetlana Kats' answer
You can not go outside of the US without green card. Make Infopass appointment with your local USCIS office ( you can schedule it on USCIS website), go there with the copy of the correspondence you received from the USCIS and a copy of your ticket and ask them to stamp your passport with the temporary green card stamp. If they'll agree to do that you will be able to travel while your extension is pending.
View Details »

Q: What document does my mom need to get from the courthouse so she doesnt gets stopped every time she gets into the countr

2 Answers | Asked in Immigration Law and Civil Litigation for Texas on
Answered on May 20, 2018
Svetlana Kats' answer
Since your are saying that no charges were pressed agains your mom, the case most likely was dismissed. You can request a certified copy of disposition ( or judgment entry) in the court that had jurisdiction over her case. Hopefully they still have the recotds(or can request it from the archives).
View Details »

Q: Section 245(i) in i-485

2 Answers | Asked in Immigration Law for New York on
Answered on May 20, 2018
Leonard R. Boyer's answer
By itself, marriage after a visa overstay does not solve the immigration problem. It can put the immigrant in a position to return to a lawful immigration status. As the spouse of a U.S. citizen, the immigrant can generally become a permanent resident (green card holder). It is necessary for the spouse to have a lawful entry to the United States to be eligible for adjustment of status. Entering the U.S. with a valid visa counts as a lawful entry, even if that visa has since expired. Immigration...
View Details »

Q: I need someone to look into my case..please...can u look it up and get back to me ...786 258 0496 or 305 998 1373..immig

1 Answer | Asked in Immigration Law and Constitutional Law for Florida on
Answered on May 20, 2018
Carl Shusterman's answer
Need more information in order to assist you.
View Details »

Q: Hi, i'm waiting for EAD live near the border, need to travel to Dallas, how can i pass the check point,don't have I-94

1 Answer | Asked in Immigration Law for Texas on
Answered on May 20, 2018
Carl Shusterman's answer
If you entered the US with a visa, go to the CBP website to get a copy of your I-94.
View Details »

Q: waiting for EAD day 104, biometrics taken feb 22,live near the border, i need to travel to Dallas, no I-94 it's feasible

1 Answer | Asked in Immigration Law for Texas on
Answered on May 20, 2018
Carl Shusterman's answer
You may be able to get a copy of your I-94 on the the CBP website.
View Details »

Q: Where can I get an affidavit proving marriage certificate is valid?

1 Answer | Asked in Immigration Law for Pennsylvania on
Answered on May 20, 2018
Carl Shusterman's answer
Ask the courthouse to provide you with a certified copy of your marriage certificate.
View Details »

Q: If I got refused a visitor visa based on the eco not able to get through to my employer should I reapply

1 Answer | Asked in Immigration Law on
Answered on May 20, 2018
Carl Shusterman's answer
I am sorry, but I do not understand your question. What is "eco"?
View Details »

Q: Israeli on a longterm visa in the US, how are taxes calculated?

1 Answer | Asked in Immigration Law and Tax Law for Louisiana on
Answered on May 20, 2018
Carl Shusterman's answer
I suggest that you see a CPA. Good luck!
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.