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Idaho Immigration Law Questions & Answers
2 Answers | Asked in Employment Law, Immigration Law, Business Formation and Business Law for Idaho on
Q: Can I work for my company from a different state if it's incorporated in Delaware?

I live in Idaho, under a STEM OPT and I am incorporating an LLC (with a board to show employee-employer relationship). However, my company will be incorporated in Delaware as it's tech based.

Can I operate in Idaho if my company is registered in Delaware, and to which state will my... View More

Robert Alex Fleming
Robert Alex Fleming
answered on Jan 5, 2024

Generally, the location of your company's registration does not restrict where it can operate. You would have to register the Delaware company in Idaho.This acknowledges that your business, originally formed in Delaware, will be conducting business in Idaho. It's a common procedure for... View More

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2 Answers | Asked in Employment Law, Immigration Law, Business Formation and Business Law for Idaho on
Q: Can I work for my company from a different state if it's incorporated in Delaware?

I live in Idaho, under a STEM OPT and I am incorporating an LLC (with a board to show employee-employer relationship). However, my company will be incorporated in Delaware as it's tech based.

Can I operate in Idaho if my company is registered in Delaware, and to which state will my... View More

James L. Arrasmith
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answered on Jan 6, 2024

Yes, you can operate your LLC in Idaho even if it is incorporated in Delaware. Many companies choose to incorporate in Delaware for various legal and financial benefits, but they can conduct business in other states. However, you will need to register your Delaware-incorporated LLC as a foreign... View More

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1 Answer | Asked in Business Formation, Business Law and Immigration Law for Idaho on
Q: Is it ok to have a sole director (my brother) for the LLC I am incorporating under F1 STEM OPT?

An immigration lawyer recommended that I have my brother, myself, and someone else on the board so it shows majority vote against me to prove employee-employer relationship. However, I do not have another person to get involved into this.

I am fine with my brother having sole directorship... View More

James L. Arrasmith
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answered on Dec 31, 2023

Under U.S. immigration law, particularly for those on F1 STEM OPT, establishing a valid employee-employer relationship is crucial. The recommendation to have a board with a majority vote against you is aimed at demonstrating this relationship, which is a key requirement for maintaining F1 status... View More

1 Answer | Asked in Immigration Law for Idaho on
Q: Would I be banned from re entry into united Kingdom if I left voluntarily within 30 days of visa expiring but they payed

They payed for my departure and money to restart my life in america. But now I'm married to an English man. He's going back. I'd like to go back. But would I be able? Or am I surely banned?

James L. Arrasmith
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answered on Sep 10, 2023

The UK's immigration rules dictate that if you have breached immigration laws but leave the UK voluntarily at the expense of the UK government, you might face a re-entry ban of up to 2 years, or even up to 5 years in certain circumstances. However, since you left before your visa expired and... View More

1 Answer | Asked in Immigration Law for Idaho on
Q: Will I face any issues or questions at the immigration/immigration office?

I am planning to travel to India, and I have a question regarding my return to the USA. I currently have an employer but don't have any clients. Could you kindly inform me if there might be any potential issues I could face in this situation during immigration? Will they ask any questions at... View More

Joshua Joseph Despain
Joshua Joseph Despain
answered on Jun 6, 2023

It depends on what status you have in the U.S. If you are a U.S. citizen or U.S. permanent resident, you will have no problem coming back to the U.S. with your U.S. passport or green card. If you have H-1B worker status or F-1 student status, you can also travel, but you may need to apply for an... View More

3 Answers | Asked in Immigration Law for Idaho on
Q: Can I get an O1A visa through my startup which is a 100% software, and my degree is in Electrical Engineering?

I'm the technical founder and I am developing the application myself. I am raising a round of money soon from a VC firm while on my STEM OPT, however, I'm worried if my startup won't count for an O1A visa since my degree is in Electrical Engineering and so my degree doesn't... View More

James L. Arrasmith
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answered on Apr 29, 2023

It is possible to apply for an O1A visa based on your work in a software startup, even if your degree is in Electrical Engineering. The O1A visa is designed for individuals with extraordinary ability in their field, and the focus is on your achievements and recognition rather than your degree.... View More

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3 Answers | Asked in Immigration Law for Idaho on
Q: Can I get an O1A visa through my startup which is a 100% software, and my degree is in Electrical Engineering?

I'm the technical founder and I am developing the application myself. I am raising a round of money soon from a VC firm while on my STEM OPT, however, I'm worried if my startup won't count for an O1A visa since my degree is in Electrical Engineering and so my degree doesn't... View More

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

The O-1A category applies to aliens coming temporarily who has extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television).

Petition Document Requirements

A US employer should file the petition (Form I-129) with:...
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1 Answer | Asked in Immigration Law and Education Law for Idaho on
Q: I attend barber school with out a legal status in the US , but now that i finished I can't get my license cause of it

But the only reason I attend barber school was cause the school were the ones that told me I didn't need a legal status that w just my ITIN I could get my barbers license but once I finished school and submitted my application to the state for the license they said I needed so type of permit... View More

Joshua Joseph Despain
Joshua Joseph Despain
answered on Jul 11, 2022

I don't know much about barber school and barber licenses, but it is very possible that the school requires different credentials from the agency that issues the licenses. In other words, your immigration status or lack of status might have not been an obstacle to the school, but it still an... View More

2 Answers | Asked in Immigration Law for Idaho on
Q: I didnt file tax return. I didnt make enough. I am trying to help my husband... will he not be able to get his green

I have everything for affidavit... just tax return I don't have. He is finishing school this year... I don't want him angry

Kyndra L Mulder
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Kyndra L Mulder
answered on Sep 19, 2020

You will need to provide an affidavit stating under penalty of perjury that you did not file a return because you did not have the income necessary to require you file. If you were employed you will need to provide any w-2's 1099's.... to indicate the amount that you made.

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1 Answer | Asked in Immigration Law for Idaho on
Q: If a person is a permanent resident, can he/she get their pension sent to another country outside of the USA?

If the permanent resident decided to leave the country, could his pension be sent to his country of origin?

Joshua Joseph Despain
Joshua Joseph Despain
answered on Feb 3, 2020

It depends on what you mean by "pension." For Social Security benefits, you can usually still get those outside of the United States. It depends on what country your citizenship is from and what country you are going to. However, Medicare benefits cannot go to someone outside of the... View More

3 Answers | Asked in Immigration Law for Idaho on
Q: I got rejected from my Green Card application because I left the country and came back. Is it possible to reapply?

Hello! Thank you for taking my question. I was in the process of applying for my Green Card on an I-485 visa and I left the country because I had a travel visa that did not expire. I thought that it would've been okay to do because I had a travel visa but unfortunately, my application still... View More

Joshua Joseph Despain
Joshua Joseph Despain
answered on Nov 11, 2019

Yes, it's likely that you will be able to apply again. Unfortunately, if you leave the United States while the I-485 is in process, and you don't have advance parole, then USCIS treats your application like you are no longer interested in the green card, and you have to start over. But,... View More

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1 Answer | Asked in Immigration Law and Adoption for Idaho on
Q: Hi! How do I help my orphaned brother (17 y.o.) immigrate to the US now that I've been granted asylum status? Thanks!

I was just granted asylum and will be applying for a green card next year. However, I worry about my younger brother who is still in my country of origin. He is 17 and he is the only immediate relative that I have there. Since we lost our parents at a young age, I assume that role for him, even... View More

Joshua Joseph Despain
Joshua Joseph Despain
answered on Nov 7, 2019

Unfortunately, after being granted asylum, you cannot sponsor or petition siblings, only spouses and children. So you would not be able to sponsor your brother directly. You would have to wait until you are a U.S. citizen to directly petition him. Or, he might have another way to come into the... View More

1 Answer | Asked in Immigration Law for Idaho on
Q: Am perm resident. Want to marry illegal who overstayed visa. Is it better to become USC first, or marry, then become USC

I want her to become permanent resident and know the big difference in USC vs PR waiting time and rules. So I do not want to endanger her chances to become PR. If she married a PR who then became a USC, would we have to follow PR marriage rules or since I am a citizen when we file, we would follow... View More

Jordan C. Moody
Jordan C. Moody
answered on Mar 14, 2019

If you petition a spouse as a PR, and then become a USC while the petition is pending, you can change the visa category. So I would advise you to start both the petition and naturalization processes now.

1 Answer | Asked in Immigration Law for Idaho on
Q: I am on F1 visa.My parents are residents here and they have filed I-30 for me. Embassy or USCIS office for interview?
Kyndra L Mulder
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Kyndra L Mulder
answered on Feb 15, 2019

First: It depends on your age.

Second: Because your parents are LPR's and not naturalized (assuming you are a son and not a child) you will need to adjust from outside the country.

Third: Your adjustment will be faster if your parent's are USC's, Nevertheless you may...
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2 Answers | Asked in Immigration Law for Idaho on
Q: How quickly can I get a fiancée visa for my future wife who's a Japanese citizen?
Ms Grace I Gardiner
Ms Grace I Gardiner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2018

Right now it’s taking seven to eight months for the interview. It takes six months for the approval of the visa itself

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1 Answer | Asked in Immigration Law for Idaho on
Q: Can I renew my license with the I-797 notice action in Idaho?

My license is about to expire in 7 days and I need to renew my license to be able to drive to work.

Jordan C. Moody
Jordan C. Moody
answered on Sep 13, 2018

The I-797 notice of action is the same title for all government receipts, so more information is needed. Reach out to an attorney in your area. Some of them offer free consultations. This answer will depend on the type of application you have filed.

1 Answer | Asked in Immigration Law for Idaho on
Q: My friend was beat, robbed, held at gunpoint , home broken into. I-918 needs signed. Cops won't sign..WHY??

Maybe because it's a case of racisim?? Someone has to sign this I -918 for the U-Visa.my friend IS a Victim of Crime. We have all the proof

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

Your friend should meet with an immigration attorney who is experienced in U visas.

2 Answers | Asked in Immigration Law for Idaho on
Q: For the U Visa I'm having the local law enforcement sign I-918 form!! I would greatly appreciate it if I could get help

I'm hving trouble with local law enforcement not signing the I-918 form

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

If law enforcement will not sign the I-918, you are ineligible for a U visa.

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1 Answer | Asked in Immigration Law for Idaho on
Q: Hello , I'm filing for a U-Visa I can't get local law enforcement to sign the I-918 ( SuppB) what can I do?
Carl Shusterman
Carl Shusterman
answered on May 30, 2018

This is a requirement for a U visa.

1 Answer | Asked in Immigration Law for Idaho on
Q: If someone I contract out with hires illegal aliens, am I going to get prosecuted?
Carl Shusterman
Carl Shusterman
answered on May 10, 2018

Possibly. Not a good idea.

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