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District of Columbia Immigration Law Questions & Answers
3 Answers | Asked in Immigration Law for District of Columbia on
Q: Can I get U.S. residency by marrying a green card holder?

I am a British citizen currently in the U.S. on a B1/B2 visa, and I've been here for about 2 months. I would like to know if marrying my girlfriend, who is a Yemeni citizen with a green card, will grant me the ability to obtain U.S. residency. I haven't yet consulted with an immigration... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 18, 2025

No, unless you’re in status at the time your priority date is current for the category that you fall under. You can check when the priority date for your immigration category becomes current by going to the visa bulletin board department of state. That being said, if you are not in status at the... 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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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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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
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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: Reapplying for F4 visa or exploring options after expiration due to illness.

I held an F4 visa that expired on February 1, 2025. Due to a viral infection, I was unable to enter the U.S. before it expired, and I submitted a doctor's note to immigration. I've contacted them but haven't received a response. I didn't apply for an extension or renewal before... View More

James L. Arrasmith
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answered on Feb 27, 2025

You'll need to submit a new visa application since your F4 visa has expired without an extension request filed beforehand. Contact the US embassy or consulate in your country to schedule a new visa interview, ensuring you bring your previous visa documentation, the doctor's note... View More

1 Answer | Asked in Immigration Law for District of Columbia on
Q: I have TPS Honduras since 1999. Deportation in 1995, came back WI in 97. Applied first time to advance parole for educat

ional reason to this summer to 3 weeks during May through EU for Anabaptist history part of my masters of divinity degree from Eastern Mennonite Seminary. Is it save to travel with my background? Thanks

James L. Arrasmith
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answered on Feb 7, 2025

Your situation requires careful consideration, especially given your immigration history and current TPS status. While advance parole can allow for educational travel, your previous deportation could complicate matters.

Given your background, traveling internationally could pose significant...
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1 Answer | Asked in Immigration Law, Business Formation and Business Law for District of Columbia on
Q: What are the steps I need to take to start my own business on the H-1B and transition out of current job?

My current role is with a fintech startup as a strategy manager, and I want to launch a venture capital firm. I will have one U.S.-based co-founder and another or two, potentially from Canada. Would appreciate quick thoughts on costs, timelines, and any other important considerations for this... View More

James L. Arrasmith
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answered on Oct 24, 2024

Starting your own business on an H-1B visa requires careful planning. Begin by consulting an immigration attorney to ensure your venture complies with H-1B regulations, as you'll need to establish a legitimate employer-employee relationship with your new firm. This might involve setting up a... View More

1 Answer | Asked in Immigration Law for District of Columbia on
Q: How can I get back on a 212 Wavier with a past drug trafficking offense I have 7 kids also and a fiance.
James L. Arrasmith
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answered on Sep 19, 2024

To apply for a 212 waiver after a past drug trafficking offense, you need to demonstrate extreme hardship to a U.S. citizen or lawful permanent resident family member. With seven children and a fiancé, it’s important to gather strong evidence showing how your removal would negatively impact... 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

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