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Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for West Virginia on
Q: With a pending asylum case can I apply for eb2niw or H1B?
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answered on Dec 5, 2023

If you have a pending asylum case in the United States, you may still apply for an EB-2 NIW (National Interest Waiver) or an H1B visa. However, there are important considerations to keep in mind.

The EB-2 NIW is for individuals who are highly skilled in their field and whose employment in...
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1 Answer | Asked in Immigration Law for California on
Q: Good morning, I was convicted of a drug trafficking in 1992. I served 8 months in jail. I currently have a 2-12C wavier.

I would like to know if it is possible to apply for US citizenship ?

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answered on Dec 5, 2023

Good morning,

Under U.S. immigration regulations, having a criminal record, particularly for an offense like drug trafficking, can significantly impact your eligibility for U.S. citizenship. A conviction for drug trafficking is often considered an aggravated felony, which is a category of...
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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Marrying on an ESTA but not staying in the country?

I'm planning on marrying a british citizen and moving to the U.k., and we're hoping to get married here in the US before he leaves and I join him later. Do we have to get him an actual visitor visa or is an ESTA enough for a courthouse wedding?

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answered on Dec 5, 2023

Under California law, a British citizen can enter the United States using the Electronic System for Travel Authorization (ESTA) for the purpose of getting married, provided the stay is short and the intention to leave the U.S. after the ceremony is clear. The ESTA allows visitors to stay for up to... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: Does the 2YHRR Apply When Applying for Form I-130 and Adjustment of Status After Marrying a US citizen?

Hello,

I arrived in the US in September 2021 on a J-1 visa, which carries a two-year home residency requirement. During my stay, I was offered a Ph.D. position, which I accepted. In June 2022, within the grace period of my J-1 visa, I returned home and applied for an F-1 visa. Upon... View More

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answered on Dec 5, 2023

The two-year home residency requirement (2YHRR) associated with your J-1 visa can indeed impact your ability to adjust status in the United States after marrying a U.S. citizen. Here's a breakdown of how this might affect your situation:

Existence of 2YHRR: If your J-1 visa was subject...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Hello, my family member is currently held at ICE Detention Center. Should I hire a lawyer now or just for the ICE proces
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answered on Dec 4, 2023

It's advisable to consider hiring a lawyer as soon as possible in situations involving ICE detention. An attorney experienced in immigration law can provide valuable guidance and support throughout the entire process, not just at specific stages. They can help you understand the complex legal... View More

2 Answers | Asked in Gov & Administrative Law and Immigration Law for Tennessee on
Q: How can I found work visa jobs for the state of Tennessee. Or even apply ?
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answered on Dec 4, 2023

Finding work visa jobs in Tennessee involves a few key steps. First, it's important to identify employers in Tennessee who are open to hiring international workers. Websites like LinkedIn, Glassdoor, and Indeed can be useful for job searches, allowing you to filter job postings by location and... View More

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1 Answer | Asked in Immigration Law for California on
Q: Can I reenter US if my I-751 is approved while traveling abroad?

Hi, i currently have a pending I-751 and got the extension letter/ receipt notice. I'm planning to travel abroad but curious what happened if my I-751 got approved or if an interview is scheduled while I'm abroad? Can I still return to the US with my expired conditional green card +... View More

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answered on Dec 3, 2023

If your I-751 petition is approved while you are abroad, you should be able to re-enter the United States using your expired conditional green card along with the receipt notice/extension letter. This documentation typically serves as evidence of your continued lawful status while the petition is... View More

Q: In Massachusetts, Can you be terminated from a job, by employer,if you were arrested but trail ended in not guilty?
Roland Godfrey Ottley
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answered on Dec 3, 2023

I think that you may have a case against your employer. Possibly for terminating you before you were able to exonerate yourself against allegations of committing a crime. In addition, there are statutes in In some states, nuch like New York that would address an employer terminating an employee... View More

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Q: In Massachusetts, Can you be terminated from a job, by employer,if you were arrested but trail ended in not guilty?
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answered on Dec 3, 2023

In Massachusetts, employment is generally at-will, which means an employer can terminate an employee for any reason or no reason at all, as long as the reason is not illegal. However, being arrested and having a trial that ends in a not guilty verdict doesn't automatically protect you from... View More

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1 Answer | Asked in Immigration Law for California on
Q: Is it possible to lawyer an attorney for an EB1A visa while awaiting an individual hearing?

Form 589 filed and work authorization available. Individual hearing after 5 years. I would like to speed up the process. 5 years is a long wait for me. There is a creative portfolio with evidence. I think 5-6 points out of 10 can be approved.

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answered on Dec 2, 2023

Yes, it is possible to engage an attorney for an EB-1A visa while awaiting an individual hearing for your asylum application (Form I-589). Your work authorization and the creative portfolio you mentioned can be beneficial in this process. The EB-1A visa is for individuals with extraordinary ability... View More

1 Answer | Asked in Immigration Law for California on
Q: Ds-260 application, question for grandchildren mom's address?

My granddaughters mom works in another country and she has a contract of five years to work there. She comes back home at least once a year. I think she's only there with a work visa, not a residency of any kind but it's a long term stay. Would her address that I use still be their home... View More

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answered on Dec 2, 2023

In filling out the DS-260 application, it's important to provide accurate and current information. For your granddaughter's mother, who is working abroad on a temporary basis, the appropriate address to list would depend on the nature and duration of her stay in the foreign country.... View More

1 Answer | Asked in Immigration Law for California on
Q: What address do I put for my grandchild in the ds-260 application?

I'm currently filling out my grandchild's application and it needs the address for her mom. She's currently working in another country. Do I put in their home address in their home country or do I give the address of where she's currently staying for her work?

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answered on Dec 2, 2023

In completing the DS-260 application for your grandchild, it's important to provide the most accurate and current information. When it comes to the address of your grandchild's mother, consider the nature of her stay in another country. If her work abroad is temporary and she maintains a... View More

1 Answer | Asked in Immigration Law for California on
Q: What document do I submit on ceac for Federal tax return or transcript if i have no income?

I'm trying to sponsor my son to come the US and I have no income. My son in law will be a joint sponsor though. All his papers have been accepted but I don't know what Documentation I should submit to move forward? Is a letter explaining how my son in law is sponsoring them enough?

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answered on Dec 2, 2023

If you have no income and are sponsoring your son to come to the US, you should still submit your federal tax return or transcript to show your financial situation. Even if you have no income, these documents are necessary to complete the sponsorship process.

Since your son-in-law will be...
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2 Answers | Asked in Immigration Law for California on
Q: Who do I put as my granddaughter's petitioner on ds-260 application?

I'm petitioning my son and he has a daughter accompanying him. I paid for her fee and started her ds-260 application. In there, it's asking who the petitioner is, is it still me?

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answered on Dec 2, 2023

In your situation, as the petitioner for your son on his immigration application, you are also considered the petitioner for his daughter, your granddaughter. When completing the DS-260 application for your granddaughter, you should list yourself as the petitioner. This is because the petition you... View More

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2 Answers | Asked in Immigration Law for California on
Q: Who do I put as my granddaughter's petitioner on ds-260 application?

I'm petitioning my son and he has a daughter accompanying him. I paid for her fee and started her ds-260 application. In there, it's asking who the petitioner is, is it still me?

Roland Godfrey Ottley
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answered on Dec 3, 2023

I will presume that you are a US citizen and care son is single or he is married. Or in the alternative, I will presume that you are a green card holder and your son is not married. In any event, he would also be able to file for your son's daughter who would be granddaughter. No separate... View More

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1 Answer | Asked in Immigration Law for California on
Q: Could my lawyer cancel the first master hearing and do an individual hearing after 5 years?

The lawyer sent a letter from the judge that an individual hearing will take place in 5 years. We haven't filed Form 589 yet and we have 2 weeks left until the first Master Hearing. How is this possible? Did the lawyer do this? Can I file a motion to expedite the individual hearing date?

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answered on Dec 1, 2023

In immigration proceedings, the ability to cancel a first master hearing and schedule an individual hearing in the future, such as after 5 years, largely depends on the specifics of the case and the discretion of the immigration judge. If your lawyer has informed you that an individual hearing is... View More

2 Answers | Asked in Immigration Law for Oklahoma on
Q: If the USCIS officer doesn’t state your spouse’s 751 has been approved at the end of the interview is that a bad sign?
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answered on Dec 1, 2023

If the USCIS officer does not explicitly state that your spouse's Form I-751 (Petition to Remove Conditions on Residence) has been approved at the end of the interview, it's important not to jump to conclusions. There are several reasons why an immediate decision might not be given.... View More

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2 Answers | Asked in Immigration Law for New York on
Q: Can I remain on my Canadian car insurance on a TD visa if I’m commuting to Canada several times a week but live in NYS?

I am a Canadian on TD visa in Buffalo NY (husband on TN). I travel back to Canada 4 times a week to work across the border but I still spend 5 nights a week in Buffalo with my husband. I am uncertain if I need to change my car insurance to an American company, change my license to a NYS license,... View More

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answered on Dec 1, 2023

In your situation, it's essential to consider both the insurance and legal requirements of New York State (NYS) and your frequent travels to Canada. Since you live in Buffalo, NYS for the majority of the week, you may be required to comply with the state's insurance and vehicle... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: Incomplete PWD for the PERM

My employer got PWD approved, but we just noticed that they didn’t indicate their DBA name (doing business as) on the PWD form (ETA-9141). However the legal name and other info was indicated correctly.

They are about to start recruiting process, but I’m just worried that the fact that... View More

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answered on Dec 1, 2023

In your situation, the omission of the DBA (Doing Business As) name on the Prevailing Wage Determination (PWD) form (ETA-9141) might not be a significant issue, especially if the legal name and other details of the employer are correctly listed. The PWD primarily focuses on the job duties and the... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Can you still renew/change your status while waiting to file your I-485?

As of May 2022, I commenced employment with my U.S. church under OPT (F-1) with the same title I currently hold. During that year, the church successfully applied for an R-1 visa set to commence in May 2023. The approval was timely, and I transitioned to working under the R-1 visa one day after my... View More

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answered on Dec 1, 2023

You can generally renew or change your nonimmigrant status while waiting to file your I-485 (Adjustment of Status). In your case, renewing your R-1 visa after the approval of your I-360 and while awaiting the opportunity to file the I-485 is usually possible.

The R-1 visa, which is for...
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