Ask a Question

Get free answers to your Immigration Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Immigration Law Questions & Answers
2 Answers | Asked in Domestic Violence, Family Law and Immigration Law for Arizona on
Q: So how can I get my husband out of ice custody for removal he was deported once on domestic charge and then came back in

The us married a us citizen but then gets a warrant for not going to court to now he’s got a removal date what can I do

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 5, 2024

Your spouse faces an uphill removal proceedings battle:

1. He was deemed removable prior based on his criminal conviction of domestic battery

2. He re entered the United States which constituted another criminal infraction based on his procedural history,

3. While in the...
View More

View More Answers

2 Answers | Asked in Immigration Law for Colorado on
Q: Im married with a US Citizen what i need to fix my legal status?

I tried to have the TPS by myself not from my wife, but they denied the TPS form i just do, so now I'm trying to find an option to fix my legal status but I Don't know how to do it, because i don't have a job and my wife is the only one working right now, I'm just waiting for... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 3, 2024

You may adjust to a lawful status of a U.S. Permanent Resident by preparing and filing a one stop concurrent filing of all necessary documents with bona fides. The best route is to select and consult with an experienced immigration counsel directly to receive information and make an informed... View More

View More Answers

3 Answers | Asked in Immigration Law, Civil Rights and Constitutional Law for New York on
Q: What are the different statuses one can have other than citizen, and national?

So my friend is saying that do not fall into the category of citizen or national as they are not a citizen of the United States but are solely a national owing no allegiance to the United States (they call themselves an American State National). I told them that fine but in that case you would... View More

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2024

No, your friend is incorrect. Under U.S. law, the two primary statuses are citizen and non-citizen national (8 U.S.C. § 1408). American citizenship can be acquired by birth or via naturalization. Non-citizen nationals (Samoa and Swain), still owe allegiance to the U.S.

View More Answers

2 Answers | Asked in Family Law, Immigration Law and Juvenile Law on
Q: I wanted to know if i can apply for SIJS

Is it possible to apply for SIJS and be accepted if I am under 21 years old, was abandoned by a parent from a very early age and have only received help from my mother and can physically be in the United States with a tourist visa? (with the help of a lawyer and 10k $)

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2024

Yes, you may be eligible to apply for Special Immigrant Juvenile Status (SIJS) in California if you meet certain criteria. Under California law, SIJS is available to individuals under 21 years old who have been declared dependent by a juvenile court, or placed under the custody of an individual or... View More

View More Answers

2 Answers | Asked in Immigration Law for New York on
Q: Hi good night every day I check my asylum clock and a day add on this morning I check it and the clock remains the same

Do you think my asylum clock as stop

Symantha Rhodes
Symantha Rhodes
answered on Aug 27, 2024

I cannot determine if your asylum clock has stopped based solely on the information you've provided. The status of your asylum clock depends on various factors. Missing an interview or court hearing can cause the clock to stop. Contact your immigration attorney to review your case in detail... View More

View More Answers

2 Answers | Asked in Immigration Law for California on
Q: My N400 interview was descheduled 7 minutes after being scheduled

I was scheduled for a N400 naturalization interview at the San Jose field office on October 1, 2024, and then suddenly after 7 minutes if it getting scheduled, I get another notification saying that it was descheduled. The notice says that it was descheduled due to unforeseen reasons, and they will... View More

Rozanna Pondeva Gasparian
PREMIUM
Rozanna Pondeva Gasparian
answered on Sep 3, 2024

This is nothing of major concern. Unfortunately, USCIS does sometimes cancel and reschedule interviews due to a number of reasons related to their availability, etc. and nothing that has to do with the actual applicant. I would recommend that you stay on top of it and follow-up constantly if you do... View More

View More Answers

3 Answers | Asked in Immigration Law for California on
Q: What should I do since I haven't received my I-589 receipt notice after submitting it online?

I entered the United States with a valid visa and then submitted my I-589 asylum application online to USCIS. It's been a day, and I still haven't received the I-589 receipt notice. Is this normal? Another friend of mine applied on the same day and received the electronic receipt... View More

Rozanna Pondeva Gasparian
PREMIUM
Rozanna Pondeva Gasparian
answered on Sep 3, 2024

This is noting to worry about. USCIS generally has 30 days from the date you have filed an application to issue a receipt notice and therefore sometimes it does take a bit longer. So long as you see that activity is taking place on your case (next step is your interview), you should be okay. If you... View More

View More Answers

2 Answers | Asked in Immigration Law on
Q: Regarding long-term leave on H1B when outside the country and requirements of H1B transfer.

I’ve been on an H1B visa since October 2023. I traveled to my home country in March 2024 for my wedding and had my visa stamped in April. Then I planned to return right after my wedding in the second week of June. Unfortunately, a medical emergency required me to extend my leave, which my... View More

Symantha Rhodes
Symantha Rhodes
answered on Aug 27, 2024

Generally, there's no specific time limit for staying outside the U.S. on unpaid leave while on an H1B visa. However, returning to the U.S. as soon as possible is generally advisable. Limited payrolls might raise concerns during an H1B transfer. There are some steps you can take to facilitate... View More

View More Answers

2 Answers | Asked in Immigration Law for Minnesota on
Q: I need to find out the total timeline for my fiancé from Peru, to get her K1 visa

I live in the United States and I am a college student. I want to bring her her so we can get married. I am trying to find the fastest way to get her a visitors permit or visa

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 28, 2024

The first step is you file the I 129F, and then, once that is approved at the California service Center, the file is sent to the national visa center (NVC) in New Hampshire for additional processing. When they are finished, they will send the file over to the US consulate in Lima Peru for final... View More

View More Answers

2 Answers | Asked in Immigration Law for New York on
Q: What would be an appropriate amount of salary decrement for an O-1 visa holder?

We are a small Inc. company incorporated in Delaware and are now considering reducing the salary of two founders. Both are O-1 visa holders and each earns around $9k/month. Specifically, we want to know:

- What happens if we reduce the salary and how much decrement is recommended?

-... View More

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024

Reducing the salary of O-1 visa holders can impact their visa status since the O-1 visa requires maintaining employment terms consistent with what was presented to USCIS. While no specific percentage is set for salary reductions, any significant decrease might trigger the need to notify USCIS and... View More

View More Answers

2 Answers | Asked in Immigration Law on
Q: I am on NVC stage and looking for an assistance in I864 from sponsor and Joint sponsor. MY wife is from south Carolina.

I am curious about the consultation charges.

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 12, 2024

Consider working with an immigration attorney. Some of us charge a very affordable flat fee to handle the case even if it’s pending. The G-28 is a Notice of appearance of Attorney form that is filed so both the attorney and the client receive the same notices throughout the lifespan of the case.

View More Answers

2 Answers | Asked in Immigration Law for California on
Q: I-864 Form Question: Keep Dates the same as when the original was submitted or change to update information to current?

My I-864 form was submitted last year; however, it didn't include Use of Assets to Supplement Income as I was told my petitioner I-864 form qualifying assets section was deemed (optional) since I have a joint sponsor whose income alone qualifies without the need to include, in our case,... View More

Rozanna Pondeva Gasparian
PREMIUM
Rozanna Pondeva Gasparian
answered on Sep 4, 2024

So a number of questions come up in this situation. Is this for an adjustment of status case or for a consular processing situation. If this is a consular processing situation, an opportunity to update the I-864 will occur regardless as there is a requirement to update that form before any... View More

View More Answers

3 Answers | Asked in Immigration Law for California on
Q: Are two separate I-864 forms required one from the petitioner & one from joint sponsor if petitioner income not enough?

I'm the Petitioner, I don't have enough income to document, I'm seeing mixed information regarding this topic. Am I required to fill out a I-864 form while the joint sponsor fills a separate I-864 form?

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

You have to complete an 864 form even if your income is insufficient. The joint sponsor also completed a separate 864 form, but if that joint sponsor lives in the same household then he completes an 864a

View More Answers

3 Answers | Asked in Immigration Law for California on
Q: Are two separate I-864 forms required one from the petitioner & one from joint sponsor if petitioner income not enough?

I'm the Petitioner, I don't have enough income to document, I'm seeing mixed information regarding this topic. Am I required to fill out a I-864 form while the joint sponsor fills a separate I-864 form?

Symantha Rhodes
Symantha Rhodes
answered on Aug 13, 2024

Generally, only one Form I-864, Affidavit of Support, is required per sponsored immigrant. This form is completed by the petitioner (the U.S. citizen or lawful permanent resident sponsoring the immigrant).  

However, there are exceptions:

Joint Sponsorship: If the...
View More

View More Answers

2 Answers | Asked in Immigration Law for California on
Q: I am an F1 student currently pregnant.Im here with my husband an international too.Will my unborn chilf need an I20 ?
Nicolas Andres Olano
PREMIUM
Nicolas Andres Olano
answered on Aug 2, 2024

(If I am reading your question correctly, I am assuming you are already in the U.S. with your F-1 visa.) The answer is no. If your child is born in the U.S. he will be a U.S. Citizen by birth.

View More Answers

2 Answers | Asked in Immigration Law, Contracts, Business Formation and Business Law for Delaware on
Q: Create an operation agreement for F-1 students; Web-design company in Delaware

Dear Lawyers,

I would like to create an operational agreement for my LLC. At the moment, I'm an F-1 international student, so I would like to know if you could help me do this. We create websites. In summary, I (founder) and another co-founder (F-1 student as well) are not going to... View More

Daniel  Bitonti
PREMIUM
Daniel Bitonti pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 30, 2024

To ensure your LLC is set up correctly and complies with all applicable laws, it's highly recommended to retain an experienced attorney. As F-1 international students, there are specific immigration laws to consider. Direct participation in the operations of the LLC might violate your visa... View More

View More Answers

1 Answer | Asked in Immigration Law for California on
Q: What is better? Applying for work permit based on asylum seeking or TPS.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

Applying for a work permit based on asylum seeking or Temporary Protected Status (TPS) depends on your specific circumstances. If you are seeking asylum, applying for a work permit can provide you with the ability to work legally in the U.S. while your asylum case is being processed. However,... View More

1 Answer | Asked in Immigration Law for California on
Q: What documents can prove my continuous residency when applying for TPS. Is driver license and school transcript enough?

I live with a family member, so I do not have any lease contract. I also do not have medical history. I have a bank account. I can afford a transcript from my university. My current status is F1 student.

Thank you

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

To prove your continuous residency for TPS, a driver's license and school transcript can be helpful, but you may need more documents. Consider using your bank statements, as they show your financial activity and residency. These statements can be very useful in demonstrating your presence in... View More

1 Answer | Asked in Immigration Law for California on
Q: What are possible consequences of applying to an EB-2 green card during OPT?

I am talking about applying for the green card during the initial year of OPT. My concern is that applying for a green card suggests immigrant intent, while OPT/F-1 status is supposed to be non-immigrant. Can this cause the stem extension OPT to be denied?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2024

Applying for an EB-2 green card during your initial year of OPT can indeed signal immigrant intent, which might conflict with your F-1 status, intended for non-immigrants. This conflict could potentially impact your ability to receive a STEM OPT extension. U.S. immigration laws under California... View More

1 Answer | Asked in Immigration Law for California on
Q: Q: Working remotely from outside of the US on OPT? Allowed or not?

This seems to be ok if not for long (< 1month), but my understanding is that any change in work location must be reported in the SEVP portal within 10 days of the change. The address cannot be abroad. So if you work abroad for more than 10 days and do not report the new location, my guess is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

Working remotely from outside the US while on OPT can be a tricky situation. Generally, short periods of remote work (less than a month) might be acceptable, but you need to be cautious. The SEVP portal requires you to report any change in your work location within 10 days, and the address must be... View More

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.