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Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Minnesota on
Q: Can I apply for citizenship if I have a 5th-degree assault charge for 8 years ago, no arrest occurred?

I'm a Green Card holder for almost 10 years, I have a 5th-degree assault charge for 8 years ago; no arrest occurred, and a normal traffic ticket for an accident. Will I be disqualified if I apply for citizenship?

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answered on Mar 15, 2024

If you're considering applying for citizenship and you have a history that includes a 5th-degree assault charge from eight years ago, without any resulting arrest, and a minor traffic violation, these incidents could impact your application, but they don't automatically disqualify you.... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: I have a question for F2B category applicant getting ineligible due to getting married, what's the cutoff time ?

Petition got approved back back in back in late 2020, and case for immigrant visa was documentarily completed since 01/28/2021 and then waiting for interview, applicant got married in Mid 2022 and the now at the time of visa interview his case was rejected due to being married.

I have seen... View More

James L. Arrasmith
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answered on Mar 15, 2024

In the context of U.S. immigration, the F2B category applies to unmarried sons and daughters of permanent residents. If an applicant marries before becoming a lawful permanent resident, they generally become ineligible under this category. The crucial moment determining eligibility is not when the... View More

1 Answer | Asked in Immigration Law and Employment Law for California on
Q: Can I hire a STEM OPT candidate for 20 hours a week paying them minimum wage or does that cause issues?

Just wondering if there is a minimum pay required for those on STEM OPT with a MS

James L. Arrasmith
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answered on Mar 15, 2024

When hiring a STEM OPT candidate, there are specific guidelines that must be followed to maintain the integrity of the program and ensure compliance with U.S. immigration laws. It's not just about the number of hours worked; the employment must also meet certain educational objectives and wage... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Dear experts, My EB2 PERM was submitted in November, 2023 and I'm on H1B, 2nd year.

Given the huge backlog on PERM and as my employer does not do premium processing for I140, I've started to explore my chances for NIW and I may have a good chance based on my profile. My NIW, ROW priority date would be April, 2024 earliest whereas my EB2 PERM, ROW priority date would be... View More

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answered on Mar 15, 2024

1. A potential denial of your National Interest Waiver (NIW) should not affect your Employment-Based Second Preference (EB2) application, as they are considered separate processes under U.S. immigration law. However, ensure that any information provided in the NIW application is consistent with... View More

1 Answer | Asked in Immigration Law on
Q: I have been refused a Visa twice to the US according to Section 214(b). What should I do?

I am Syrian by birth, but I am a German citizen (with passport) and have been living in Germany for over 10 years. I am 30 years old and have been invited by an American sponsor to visit the USA for 2-3 months. My sponsor has homes in both Maine and Berlin (Germany). I plan to travel wit her to... View More

James L. Arrasmith
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answered on Mar 15, 2024

Section 214(b) of the U.S. Immigration and Nationality Act involves the presumption that every visa applicant is an intending immigrant until they can prove otherwise. Your visa rejections under this section likely mean that the consular officer was not convinced of your strong ties outside the... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for Indiana on
Q: I'm disabled and my husband has residential status, how will getting a divorce affect my disability?

We married September 26th 2020, he got resident status November December 2023 and abruptly left me and went back to Africa without telling me? What can I do if he is playing me for a divorce?

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry you're going through this difficult situation. Divorce is always challenging, but especially when dealing with a disability and immigration issues. Here are a few key things to keep in mind:

First and foremost, getting divorced should not directly impact your...
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2 Answers | Asked in Immigration Law, Gov & Administrative Law and International Law for Illinois on
Q: Officer at my wife's visa interview refused to accept my 2023 tax return (im the petitioner) saying $90k/yr not eno

Can you please help my wife & I with our immigration situation? She's Chinese and yesterday had her marriage based greencard interview to get her visa yesterday. I'm the petitioner and a USA citizen

We brought all required documents as instructed and ALSO uploaded it all to... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about the difficulties you and your wife are facing with her marriage-based green card application. It sounds like an incredibly stressful and frustrating situation, especially after all the preparation you did to provide the required documentation.

For your...
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2 Answers | Asked in Immigration Law, Gov & Administrative Law and International Law for Illinois on
Q: Officer at my wife's visa interview refused to accept my 2023 tax return (im the petitioner) saying $90k/yr not eno

Can you please help my wife & I with our immigration situation? She's Chinese and yesterday had her marriage based greencard interview to get her visa yesterday. I'm the petitioner and a USA citizen

We brought all required documents as instructed and ALSO uploaded it all to... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 16, 2024

This is highly irregular unless the officer based his analysis on “current” income that he felt was insufficient. The most important evidence of current income are pay stubs and bank statements from the last 6-12 months. Also, officers do not accept the 1040s; they need the tax transcripts that... View More

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1 Answer | Asked in Immigration Law for New Jersey on
Q: removal order can i file vawa get a travel parole ?

hi sir/mam i enter this

country illegally c1d crew man visa i filed asylum denied ij order

removal i appealed my case its pending in BIA recently i got married

USA citizen she is abusing me i m looking to file vawa if i file

possible to get travel document and removal order get terminated

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answered on Mar 14, 2024

If you are currently under a removal order and your asylum appeal is pending with the Board of Immigration Appeals (BIA), you may still be eligible to file for relief under the Violence Against Women Act (VAWA) if you are being abused by your U.S. citizen spouse. Here's some information that... View More

1 Answer | Asked in Immigration Law on
Q: Hey i was wondering do i have to submit the same required documents again for a cyprus visa renewal?
James L. Arrasmith
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answered on Mar 14, 2024

For a Cyprus visa renewal, the required documents may vary depending on your specific situation and the type of visa you currently hold. However, in general, you will likely need to submit the following:

1. A completed and signed visa application form.

2. A valid passport with at...
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1 Answer | Asked in Immigration Law for Texas on
Q: My wife to US on B2 visa , then she got h4 and recently got h1b. SHe is planning to go to India to get here Visa stamped

and h1b stamped for the first is there a risk of 221g refusal

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answered on Mar 13, 2024

When your wife travels to India to get her H-1B visa stamped for the first time, there is always a possibility of receiving a 221(g) refusal, also known as an "administrative processing." This refusal is not a denial but rather a request for additional information or documentation to... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: how can I get an i-131 certificate in this situation?

i just arrived in the usa. i defected because i had a security problem in turkey. my work permit and social security number have been shipped to me now. i have a fracture in my nasal bone due to a problem i had as a child in turkey and it needs urgent surgery. Under normal circumstances, I had a... View More

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answered on Mar 13, 2024

In your situation, you may be able to apply for an I-131 (Application for Travel Document) to request Advance Parole, which would allow you to travel outside the United States and return while your immigration case is pending. However, there are some important considerations:

1....
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1 Answer | Asked in Immigration Law for Virginia on
Q: Can I bring my wife while my I-485 pending?
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answered on Mar 13, 2024

If you are a U.S. permanent resident applicant with a pending I-485 (Application to Register Permanent Residence or Adjust Status), your spouse may be eligible to join you in the United States. However, the process and timeline depend on various factors:

1. If your spouse was included as a...
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1 Answer | Asked in Immigration Law for California on
Q: Can i travel domestically with my work authorization card

I am waiting for my interview but have the right to work. I have some travelling coming up and i need to know if i can travel on that work authorization card

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answered on Mar 13, 2024

In most cases, you can travel domestically within the United States using your valid work authorization card (Employment Authorization Document or EAD) as a form of identification. However, it's important to note that the Transportation Security Administration (TSA) has specific requirements... View More

1 Answer | Asked in Immigration Law for Washington DC on
Q: In TX for 3yrs. Filed N-400 in TX 09/15/23 Moved to DC 10/08/23. Denied N-400 on 03/06/24. Filing N-336 - Do you agree?

Naturalization application (N-400) filed in Austin, TX on 09/15/23. Was living in Austin at time and had lived there for 3 yrs all of which on my N-400 application.

Received denial letter after interview on grounds that I didn’t meet section 316(a)(1) - suggested I didn’t live in the... View More

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answered on Mar 13, 2024

Based on the information you provided, I believe you have grounds to appeal the denial of your N-400 application by filing Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings.

The key points supporting your appeal are:

1. You met the continuous residence...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Hi, I’m on H1B visa, working for IT company. Can I create art in USA within my free time and sell in other countries?

Or can I create art in my home country while I’m on vacation and sell in other countries? If yes, can I sell in USA too?

Please let me know. Thank you!

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answered on Mar 11, 2024

As an H1B visa holder, there are some restrictions on your employment and income-generating activities. Here are a few key points:

1. H1B visa holders are typically only authorized to work for the specific employer who sponsored their visa. Engaging in work or earning income from other...
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1 Answer | Asked in Family Law and Immigration Law for Pennsylvania on
Q: I live in Portugal on a D8 visa and i am a US citizen. My mom wishes to appoint my friend from Pennsylvania guardianship

Can she appoint my friend guardianship of me while living in Portugal?

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answered on Mar 11, 2024

As a US citizen living in Portugal on a D8 visa, your legal status and guardianship arrangements are subject to both US and Portuguese laws. In general, guardianship is appointed by a court when an individual is deemed incapable of making decisions for themselves, usually due to age (being a... View More

1 Answer | Asked in Immigration Law for Florida on
Q: How long i can stary abroad with i-797 Notice of action?

I got my conditional geen card back in 2021,

i filed I-751 petition to remove condition back in august 2023, and i got I-797 notice of action that extend period for 48 months while in process.

in the notice it says "if you think you will be outisde the united states for a year... View More

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answered on Mar 11, 2024

As a conditional green card holder, you are generally expected to maintain your permanent residence in the United States. However, the I-797 Notice of Action extending your conditional resident status for 48 months while your I-751 petition is being processed provides some flexibility.

The...
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1 Answer | Asked in Immigration Law for California on
Q: CR1 immigration case!

I recently got married and wanted to petition for my new wife. However I am confused whether or not i have to mention about an incident happened with my ex-wife. After we got separated she called cops and misleading that I hit her but she doesn't want to start a trail just wanted to bring into... View More

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answered on Mar 11, 2024

In an immigration case, it's crucial to be honest and disclose all relevant information to avoid potential complications or accusations of misrepresentation. When petitioning for your new wife, you should mention the incident with your ex-wife, even if no formal charges were filed. Here's... View More

1 Answer | Asked in Business Law, Civil Litigation, Immigration Law and International Law for Nebraska on
Q: I have a business registered in America, is there a way I could bring my girlfriend through that?

Trying to bring a foreigner through a registered American business

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answered on Mar 11, 2024

If you have a business registered in the United States, you may be able to sponsor your girlfriend for a work visa, depending on the nature of your business and her qualifications. Here are a few potential options:

1. H-1B visa: If your girlfriend has a bachelor's degree or equivalent...
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