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District of Columbia Immigration Law Questions & Answers
3 Answers | Asked in Immigration Law for District of Columbia on
Q: immigration/marriage questions related to a permanent resident and over-stayed visa

I have immigration/marriage related questions. I'm a U.S. permanent resident and I obtained my green card via EB2. My boyfriend entered U.S. legally via H2B but over stayed more than 5 years. He's currently in U.S. He has never received deportation letter. I plan to seek U.S. citizenship... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on May 28, 2024

Marriage to a green card holder, by itself, will not provide any status protection for him before you become a US citizen but could be a basis for cancellation of removal if other requirements are met. The marriage will not have any negative impact on your future citizenship application. Consult in... View More

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3 Answers | Asked in Immigration Law for District of Columbia on
Q: immigration/marriage questions related to a permanent resident and over-stayed visa

I have immigration/marriage related questions. I'm a U.S. permanent resident and I obtained my green card via EB2. My boyfriend entered U.S. legally via H2B but over stayed more than 5 years. He's currently in U.S. He has never received deportation letter. I plan to seek U.S. citizenship... View More

James L. Arrasmith
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answered on May 28, 2024

Marrying your boyfriend who has overstayed his visa by more than 5 years could have implications for both his immigration status and your future citizenship application. Here's what you should consider:

1. Spouse of a permanent resident: If you marry your boyfriend while being a...
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1 Answer | Asked in Immigration Law, Divorce and Family Law for District of Columbia on
Q: Is it ok to provide the bigamous marriage certificate during consuler report of birth abroad application?

Is it ok to provide the bigamous marriage certificate during consuler report of birth abroad application?

My father married to two wives and i was born abroad to the bigamous wife and the first wife is american and the second marriage occurred abroad in 1995 prior to his naturalization... View More

James L. Arrasmith
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answered on Mar 28, 2024

When applying for a Consular Report of Birth Abroad (CRBA), it's essential to provide accurate and complete documentation as requested by the consular officers. In your situation, where the marriage could be considered bigamous under U.S. law, this raises specific concerns. U.S. law generally... View More

1 Answer | Asked in Immigration Law for District of Columbia 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

James L. Arrasmith
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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 Business Law, International Law, Internet Law and Immigration Law for District of Columbia on
Q: What legal pathways or considerations should I be aware of to still work for my online business from the Bahamas after t

Hello,

I am currently on an OPT visa in the United States, running my online business which is incorporated in the U.S. As my visa is about to expire, I would like to explore options for continuing to operate my online business from the Bahamas, where I am a citizen. What legal pathways or... View More

James L. Arrasmith
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answered on Feb 24, 2024

As you prepare to transition from the U.S. on an OPT visa to working from the Bahamas for your online business, it's crucial to address both immigration and business operation considerations. Firstly, ensure your business complies with U.S. laws regarding foreign operation. This includes... View More

1 Answer | Asked in Immigration Law for District of Columbia on
Q: As an asylee, I am not sure about Receipt Number of Underlying Petition for the principal applicant in i-485 form

As an asylee granted by EOIR, I need to answer Question 3 in I-485 form under the Information About Your Immigration Category which asks information on Receipt Number of Underlying Petition and stipulates if I am the principal applicant. I am not sure if I have or know any receipt number of... View More

James L. Arrasmith
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answered on Feb 1, 2024

When completing the I-485 form as an asylee, you typically do not need to provide a Receipt Number of Underlying Petition unless you have a specific petition or application that led to your grant of asylum. In most cases, asylum is granted based on the asylum application itself, and there may not... View More

2 Answers | Asked in Immigration Law for District of Columbia on
Q: Can I get married to my boyfriend on a visitor visa from Canada?

I arrived here on August 29 but went back for Christmas to see my mom. Came back and he proposed. If I were to marry him now, would I be able to apply for I-130 and stay? Also would like to know if leaving the USA made the 180 days start over or if it continued where it left off from when I left... View More

James L. Arrasmith
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answered on Jan 31, 2024

Yes, you can get married in the United States while on a visitor visa from Canada. After getting married, you can apply for an Adjustment of Status through the I-130 form to become a permanent resident based on your marriage to a U.S. citizen. However, it's important to note that you must have... View More

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2 Answers | Asked in Contracts, Criminal Law, Immigration Law and Civil Litigation for District of Columbia on
Q: Should I take legal action on my u4u sponsor who have put my mental/physical health at risk,with force on being homeless

My sponsor under u4u, forcibly threw me out of the house and won't let me stay after 2 weeks of being the states. He knew I had health issues and risks as well. So I was already mentally, verbally, and physically abused. I have also been forced to stay in america and to remain homeless with... View More

Kevin L Dixler
Kevin L Dixler
answered on Jan 15, 2024

There are limited mechanisms to handle these situations. The best remedy is to be a good guest. Obviously, things sometimes do not work out. However, you are entitled to file for an employment authorization card.

In addition, you should seek the assistance of a not for profit, community...
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2 Answers | Asked in Contracts, Criminal Law, Immigration Law and Civil Litigation for District of Columbia on
Q: Should I take legal action on my u4u sponsor who have put my mental/physical health at risk,with force on being homeless

My sponsor under u4u, forcibly threw me out of the house and won't let me stay after 2 weeks of being the states. He knew I had health issues and risks as well. So I was already mentally, verbally, and physically abused. I have also been forced to stay in america and to remain homeless with... View More

James L. Arrasmith
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answered on Jan 14, 2024

I'm sorry to hear about the challenges and hardships you've been facing. It's important to understand that your situation sounds serious and might require legal intervention. However, it's essential to consider a few key points before proceeding with legal action.

First,...
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1 Answer | Asked in Immigration Law for District of Columbia on
Q: is it illegal to know that someone (who is not me or my fiancé) is doing a fake marriage but not doing anything about it
James L. Arrasmith
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answered on Jan 12, 2024

In the United States, being aware of a fraudulent marriage and not reporting it can be a complex issue. The legality of your situation depends on various factors, including your role and any legal obligations you might have to report such activities.

If you are not directly involved in the...
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3 Answers | Asked in Immigration Law for District of Columbia on
Q: Will I be able to re-enter the US while on my F1 visa while an i-140 is pending?

Submitted my NIW petition in December and went back to my home country for christmas break. Just realizing that I might encounter the "demonstrating immigrant intent" while my I-140 is pending. Will a CBP officer prevent me from re-entering and if he asks about immigrant intent, what... View More

James L. Arrasmith
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answered on Jan 8, 2024

Re-entering the U.S. on an F1 visa while an I-140 is pending can be complex due to the dual intent involved. Your F1 visa is a nonimmigrant visa, which means you must demonstrate nonimmigrant intent when entering the U.S. However, filing an I-140 (Immigrant Petition for Alien Worker) can be seen as... View More

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3 Answers | Asked in Immigration Law for District of Columbia on
Q: Will I be able to re-enter the US while on my F1 visa while an i-140 is pending?

Submitted my NIW petition in December and went back to my home country for christmas break. Just realizing that I might encounter the "demonstrating immigrant intent" while my I-140 is pending. Will a CBP officer prevent me from re-entering and if he asks about immigrant intent, what... View More

Brian J. Reilly
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answered on Jan 8, 2024

The most important thing to keep in mind is to tell the CBP the truth. If are still engaged in course work, it is easier to explain you intend to finish your studies. If you are on OPT or extended STEM OPT you should say you understand your obligation to leave at its completion; that the NIW I-140... View More

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3 Answers | Asked in Immigration Law for District of Columbia on
Q: Will I be able to re-enter the US while on my F1 visa while an i-140 is pending?

Submitted my NIW petition in December and went back to my home country for christmas break. Just realizing that I might encounter the "demonstrating immigrant intent" while my I-140 is pending. Will a CBP officer prevent me from re-entering and if he asks about immigrant intent, what... View More

Ghenadie Rusu
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answered on Jan 7, 2024

Under existing U.S. immigration law, an F1 visa is classified as a non-immigrant visa. The key aspect of the F1 visa, and indeed all non-immigrant visas, is that they are intended for individuals who plan to stay in the U.S. temporarily and have no intention of abandoning their residence in their... View More

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1 Answer | Asked in Family Law and Immigration Law for District of Columbia on
Q: My fiancé is a non-citizen but I don’t have money to be his sponsor. Can someone else sponsor him if we get married
James L. Arrasmith
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answered on Nov 18, 2023

In cases where a U.S. citizen is unable to meet the financial requirements to sponsor their non-citizen fiancé for a visa, it is possible for another person to act as a joint sponsor. The joint sponsor must meet all the financial requirements independently and be a U.S. citizen or lawful permanent... View More

1 Answer | Asked in Immigration Law for District of Columbia on
Q: What is the correct procedure for a Canadian to switch visa from F1 to TN while in the US?

I will be studying in a graduate program in the US starting September 2023. I am a Canadian citizen.

My graduate program has full time and part time options. Currently I have the F1 visa and am enrolled in the full time option.

At the same time, I would like to work for financial... View More

James L. Arrasmith
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answered on Sep 3, 2023

Changing from an F-1 to a TN visa while within the U.S. is possible through filing a change of status application with U.S. Citizenship and Immigration Services (USCIS) using Form I-129. However, this process can take several months, and you would not be able to start work until the change of... View More

2 Answers | Asked in Immigration Law for District of Columbia on
Q: Can I do Advance parole (DACA) for a self-led language immersion trip if I get a support letter & funds from my employer

I've been studying Portuguese using professional development funds at work to gain fluency and provide support in any work we may do in Brazil. I want to do an immersive program but my pro dev funds would only cover the Advance Parole fee. Can I make a case for this if my employer vouches for... View More

Monica E Rottermann
Monica E Rottermann
answered on May 2, 2023

As it would not be an official program, I do not think that would satisfy the educational purposes requirement. Also, if it is a private tutor, you would have to explain why you could not work with a tutor in the United States or work with that tutor in Brazil via zoom etc. You likely need to find... View More

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2 Answers | Asked in Immigration Law for District of Columbia on
Q: Can I do Advance parole (DACA) for a self-led language immersion trip if I get a support letter & funds from my employer

I've been studying Portuguese using professional development funds at work to gain fluency and provide support in any work we may do in Brazil. I want to do an immersive program but my pro dev funds would only cover the Advance Parole fee. Can I make a case for this if my employer vouches for... View More

James L. Arrasmith
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answered on May 16, 2023

Advance Parole (AP) under DACA is typically granted for specific reasons, such as education, employment, or humanitarian purposes. While a self-led language immersion trip may not fit the typical categories, it may still be possible to make a case for AP if you can demonstrate valid reasons and... View More

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: Can I get a G-4 visa after my visa overstay in the US?

Hi, dear experts!

I am a Cameroon passport holder, and I entered the US with a B1 visa and then overstayed it because of circumstances I couldn't control. I was in the US illegally for approximately six months when my country became eligible for TPS. I applied for and received TPS, an... View More

James L. Arrasmith
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answered on Feb 26, 2023

It is possible that your past overstay in the US could affect your eligibility for a G-4 visa. G-4 visas are typically issued to employees of international organizations, such as the United Nations, who are coming to work in the US. In order to be eligible for a G-4 visa, you will need to... View More

1 Answer | Asked in Business Formation, Business Law and Immigration Law for District of Columbia on
Q: Hey, I was wondering if an immigration consultant business is legal in VA? I didn’t find any restrictions anywhere in VA

I’m not an attorney

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 18, 2022

Even generally, providing any immigration advice without a valid law licence will constitute an unlawful law practice. I would be very apprehensive to do that.

1 Answer | Asked in Employment Law, Immigration Law, Civil Rights and International Law for District of Columbia on
Q: I’m getting married with an Au Pair that finishes contract before. How much time do we have for her not become ilegal?

I am marrying an AuPair. She was supposed to finish her program next May but she wants to quit due to bad relationship with the host family. Because she quits she technically has to leave the country “as soon as possible” but we are not sure how long that is. We want to get married as soon as... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 24, 2022

Is your girlfriend’s J visa subject to the two year residency requirement? If not, she may be able to adjust status after marriage. Discuss the facts of your situation with counsel in a private phone call.

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