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Kansas Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Kansas on
Q: I have an employee who had a pled guilty to a charge of Making false information in 2006 and is married to a US citizen

The charge was filed in the state of Kansas by HUD. I've found that I can petition to have that expunged. If the expungement is granted, will he have an issue applying for citizenship because of that felony? He has been married for 10+ years and has a 16 year old daughter with legal... View More

Yanky Perelmuter
Yanky Perelmuter
answered on Sep 27, 2024

Expungements generally do not impact immigration processes and procedures. While it might be a good idea to go through the expungement process for many reasons, an applicant for immigration benefits is required to disclose all criminal matters to DHS and USCIS. It will take a deep analysis of the... View More

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3 Answers | Asked in Immigration Law for Kansas on
Q: I am a US citizen and my partner is from the Philippines, married via proxy.

The Philippines does not recognize proxy marriage. We’re applying for a visa and I’m curious how this situation affects my marital status in the US. And if I should put that I’m single or married. Should we apply for a marriage visa or fiance visa?

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 5, 2024

The USCIS will only recognize a marriage as valid for Immigration purposes if the marriage where performed is recognized as valid. Since the Philippines does not recognize a proxy marriage, then neither will the US CIS for purposes of immigration law. You need to file a fiancé petition if the... View More

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3 Answers | Asked in Immigration Law for Kansas on
Q: I am a US citizen and my partner is from the Philippines, married via proxy.

The Philippines does not recognize proxy marriage. We’re applying for a visa and I’m curious how this situation affects my marital status in the US. And if I should put that I’m single or married. Should we apply for a marriage visa or fiance visa?

James L. Arrasmith
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answered on May 31, 2024

Since the Philippines does not recognize proxy marriages, your marital status might be considered single in their eyes, even though the proxy marriage might be valid in some parts of the U.S. This discrepancy can complicate your visa application process.

For U.S. immigration purposes,...
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1 Answer | Asked in Employment Law, International Law and Immigration Law for Kansas on
Q: Hi, as as international student are we allowed to do self employments? Like digital marketing, monetizing social media??
James L. Arrasmith
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answered on Apr 2, 2024

As an international student in the United States on an F-1 visa, there are restrictions on the types of work you can do. In general, you are not allowed to engage in off-campus self-employment like digital marketing or monetizing social media. However, there are a few exceptions:

1....
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2 Answers | Asked in Immigration Law and International Law for Kansas on
Q: Hi, I am an international student. I have some questions: 1. Am I allowed to invest in stocks (not full-time ofc)?

I have wanted to invest in stocks but am hesitant since I am on F1 status. How will I be able to do it if I am allowed to?

2. Also, When can I start filing for citizenship? what are the requirements?

James L. Arrasmith
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answered on Mar 4, 2024

As an international student on F1 status, you are indeed allowed to invest in stocks in the United States. Your visa status does not restrict you from owning stocks or earning dividends from such investments. However, you should be mindful of the regulations regarding taxation, as income from... View More

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2 Answers | Asked in Immigration Law and International Law for Kansas on
Q: Hi, I am an international student. I have some questions: 1. Am I allowed to invest in stocks (not full-time ofc)?

I have wanted to invest in stocks but am hesitant since I am on F1 status. How will I be able to do it if I am allowed to?

2. Also, When can I start filing for citizenship? what are the requirements?

Kevin L Dixler
Kevin L Dixler
answered on Mar 3, 2024

You ought to also consult with your DSO before you make any decision. They also decide whether you violate the terms of your F1. Nevertheless, active self-employment may include researching companies that issue stock for your own personal financial gain.

That means that any remuneration...
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1 Answer | Asked in Immigration Law for Kansas on
Q: I was in mid of a mass gun violence. I am facing PTSD and getting counseling. Is there eligibility for U visa?
James L. Arrasmith
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answered on Feb 22, 2024

Experiencing a traumatic event like mass gun violence can have significant impacts on your mental health, including PTSD. The U visa is designed to provide protection and support to victims of certain crimes, including violent crimes, who have suffered mental or physical abuse and are helpful to... View More

2 Answers | Asked in Immigration Law for Kansas on
Q: Is my F-1 status in danger?

Hi. I am on F-1 visa. I was investing in stocks and crypto last year and had noticed that I had more than 4 trades per week (around 15) on one or two occasions. However, for the rest of the year I maintained less than 4 trades per week. Does this mean my F-1 status is in danger?

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 10, 2023

As a student on an F-1 visa, you are generally allowed to engage in certain employment activities, including on-campus work, Curricular Practical Training (CPT), and Optional Practical Training (OPT). However, there are restrictions on the types of employment that you can engage in while on an F-1... View More

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2 Answers | Asked in Immigration Law for Kansas on
Q: Is my F-1 status in danger?

Hi. I am on F-1 visa. I was investing in stocks and crypto last year and had noticed that I had more than 4 trades per week (around 15) on one or two occasions. However, for the rest of the year I maintained less than 4 trades per week. Does this mean my F-1 status is in danger?

James L. Arrasmith
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answered on Feb 26, 2023

F-1 students are generally permitted to engage in certain types of employment and business activities while maintaining their status, but the rules regarding these activities can be complex and it's important to ensure that you are in compliance with the regulations.

According to the...
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1 Answer | Asked in Bankruptcy and Immigration Law for Kansas on
Q: If I already applied for my father's green card and they approved me for affidavit support,can I file bankruptcy now?

My father is still waiting for his interview to get the visa. I don't know when the immigration visa center give the interview date that is final step ? So maybe after filing the bankruptcy, they reject my father's case? Please let me know what should I do? It is very hard situation and... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

I would wait until he has his green card and is completely through the process before filing bankruptcy.

1 Answer | Asked in Immigration Law for Kansas on
Q: Is there way to change k1 visa to marrge visa in middle of it?

I been work on k1 visa start back in Aug of 2020. After been put on hold and month of wait. We have decide to get marry this Aug 2022. Which I think well void the K-1 visa if I get marry out of usa even if it approve. We have only got to step 3. Is there any step I can take so I don't have to... View More

Kevin L Dixler
Kevin L Dixler
answered on Apr 18, 2022

That seems unwise, but it depends upon your situation and relationship.

If you get married, then you will 'significantly delay processing' and be separated even longer. It is best for your fiance to come into the U.S. as a K1 fiance, so that you can both get to know each other...
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2 Answers | Asked in Divorce, Immigration Law and Tax Law for Kansas on
Q: Am I legally allowed to give up my green card in the middle of a divorce?
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Feb 28, 2022

You need to speak to a lawyer ASAP. You would need to put more details to explain more clearly however, IF you already have your green card and you are getting a divorce there is no law that says you have to "give it up" as you say.

IF you are in the process of getting the green...
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1 Answer | Asked in Immigration Law for Kansas on
Q: If i just recently passed my citizenship interview can I travel outside of the US with my residency card?
Agnes Jury
Agnes Jury
answered on Feb 26, 2022

Yes. You are not a citizen until you take the Oath. So as long as you still have your residency card you can travel subject to the usual requirements of re-admission to the US. Best wishes!

1 Answer | Asked in Immigration Law for Kansas on
Q: Immigration question for Venezuelan citizen.

My parents are Venezuelan citizens. They came to the US on a Tourist visa in early Feb of 2020, their goal was a 4 months visit but due to Covid restrictions they were unable to leave as planned and after a few failed attempts they haven't been able to leave the US as of Feb 2021. The last... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 27, 2021

A US citizen adult child can sponsor their parents for green cards provided the parents entered the United States with permission. Parents can still adjust status to get a green card if sponsored by their adult child, despite that they are out of status. However I would advise your parents not to... View More

1 Answer | Asked in Immigration Law for Kansas on
Q: I applied for my siblings who live in India for citizenship to come to America and it’s been 12 year

I am also a USA citizen and it’s been very long and frustrating is there any way that they can come faster or is there any ways that I can help?

Adan Vega
Adan Vega
answered on Feb 12, 2021

A sibling petition for a citizen of India will take at least 15 years before an immigrant visa becomes available. Your siblings can wait several more years or should explore other avenues such as employment or investment based visas.

1 Answer | Asked in Immigration Law for Kansas on
Q: Can we get married now and then apply for citizenship for him later on because it's so expensive?

My fiance is here on daca and I'm an American citizen. We would like to get married before we have our baby but didn't know if we would have to pay for his citizenship right away once we're married or if we can wait until we have the extra funds to do so.

Kyndra L Mulder
Kyndra L Mulder
answered on Oct 7, 2020

You will need to first file an Alien Relative Petition for your husband. Once that is approved he will apply for an immigrant visa on line through the NVC and apply for an I-601A Waiver with the USCIS. Once the waiver is approved he will need to go to his home c ountry for one or two weeks to... View More

2 Answers | Asked in Immigration Law, Constitutional Law and Gov & Administrative Law for Kansas on
Q: What type of application I need to submit to get my citizenship?

We immigrated to the USA and then my family got their citizenships after 5 years, but at that time I was under 18 and I wasn’t able to get mine, according to the lawyer who filed my parent’s citizenship application. But I got a US passport using my parent’s citizenship. Now I’m 23 and I... View More

Amanda B Cook
Amanda B Cook
answered on May 19, 2020

That doesn't make any sense. You were likely included on your parents' application and are a citizen, but just mistaken. You should file a FOIA request to find out what's really going on, through a lawyer.

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1 Answer | Asked in Mergers & Acquisitions and Immigration Law for Kansas on
Q: Is there any legal way I can start and run my business as an F1 Student in the US?
Adan Vega
Adan Vega
answered on Apr 18, 2020

Performing any activity within the United States that can be construed as unauthorized employment can jeopardize and, in fact, violate your F-1 student visa. I recommend that you exercise extreme caution in proceeding with your plans to start and operate a business venture while on the F-1 status.

1 Answer | Asked in Immigration Law for Kansas on
Q: Can I work on my business back in my home country remotely, while in the US as an F1 Student?

My business back home does not require my physical presence and I'm wondering if I can work online on it, while in the US as an F1 student?

Adan Vega
Adan Vega
answered on Apr 18, 2020

Performing any activity within the United States that can be construed as unauthorized employment can jeopardize and, in fact, violate your F-1 student visa. I recommend that you exercise extreme caution in proceeding with your plans for the online business.

1 Answer | Asked in Immigration Law for Kansas on
Q: While on F1 Student Visa in the United States, can I start, manage, and work in my business back in my country?

So far the options I've seen to start and run a company in the US under an F1 student visa are pretty limited. I'm wondering if I can work on my business back in my country of citizenship remotely from the United States? This is an online business and does not require my physical... View More

Adan Vega
Adan Vega
answered on Apr 18, 2020

Performing any activity within the United States that can be construed as unauthorized employment can jeopardize and, in fact, violate your F-1 student visa. I recommend that you exercise extreme caution in proceeding with your plans for the online business.

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