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Minnesota Immigration Law Questions & Answers
3 Answers | Asked in Immigration Law for Minnesota on
Q: Can I legally re enter US if I have a valid Stamped Visa from my previous employer. I’m on H1B

I am an employee of company X on H1B, having joined the company in July 2024. Due to a family emergency, I need to travel to India as my father is critically ill and requires urgent attention.

I currently have a valid visa stamped until March 2026 from my previous employment Y

Could... View More

John Akwuba
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answered on Jan 6, 2025

Re-entering the U.S. on an H1B visa with a valid stamp tied to a previous employer is legally possible under certain conditions, but there are critical factors to consider:

Key Points:

Valid H1B Status with New Employer:

You must have an approved H1B transfer or petition...
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2 Answers | Asked in Immigration Law for Minnesota on
Q: I have a pending asylum case and a pending TPS case. Can I till apply for H1-B or EB - 2 NIW .
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answered on Sep 25, 2024

Yes, it is possible to apply for an H-1B visa or an EB-2 National Interest Waiver (NIW) while having a pending asylum case or Temporary Protected Status (TPS). However, there are important considerations to bear in mind:

1. H-1B Visa:

• Maintaining Status: In order to apply for an...
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2 Answers | Asked in Immigration Law for Minnesota on
Q: I need to find out the total timeline for my fiancé from Peru, to get her K1 visa

I live in the United States and I am a college student. I want to bring her her so we can get married. I am trying to find the fastest way to get her a visitors permit or visa

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 28, 2024

The first step is you file the I 129F, and then, once that is approved at the California service Center, the file is sent to the national visa center (NVC) in New Hampshire for additional processing. When they are finished, they will send the file over to the US consulate in Lima Peru for final... View More

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2 Answers | Asked in Immigration Law for Minnesota on
Q: I am Mexican, I have a visitor visa. How can I move in with my MN based boyfriend?

I am currently in Mexico right now. We have been together for almost three years now (long distance) and it’s time we settled down for good to start building our lives together, I’d like to know what are my options to make it work? Thank you!

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 18, 2024

If you’re inside the US, he can sponsor you to adjust status for your green card after you get married. There is an issue of “intent” when you enter the US with a visitor visa as to whether you’re intending to visit or stay permanently. Sometimes the officer will ask you questions and look... View More

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2 Answers | Asked in Immigration Law for Minnesota on
Q: I am Mexican, I have a visitor visa. How can I move in with my MN based boyfriend?

I am currently in Mexico right now. We have been together for almost three years now (long distance) and it’s time we settled down for good to start building our lives together, I’d like to know what are my options to make it work? Thank you!

James L. Arrasmith
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answered on Jun 18, 2024

As a Mexican citizen with a U.S. visitor visa, you have a few options for moving in with your boyfriend in Minnesota, but it's important to follow the proper legal procedures. Here are some possibilities:

1. Get married: If you and your boyfriend decide to get married, you can apply...
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1 Answer | Asked in Immigration Law for Minnesota on
Q: What evidence to send for unpaid internship if I get an RFE for employment history when applying for STEM OPT?

I'm on F1 OPT now applied for STEM OPT. On initial OPT I have had two unpaid internship experiences, but all I have is employment verification letter from my previous employer stating my title, dates, hours, etc. If I get an RFE for employment history on STEM OPT, is this evidence enough? What... View More

James L. Arrasmith
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answered on Jun 3, 2024

If you receive a Request for Evidence (RFE) for your employment history while applying for STEM OPT, having employment verification letters from your previous employers is a good start. These letters should include your job title, dates of employment, hours worked, and a description of your duties.... View More

1 Answer | Asked in Immigration Law for Minnesota on
Q: My tourist visa ends 31st May, I applied for extension on May 1, says case was recieved, Do I have to leave the country

I got the I797C reciept online got the proof my extension submitted but still say case was recieved I am just wondering that if I dont get approval before my legal status ends here Do I need to leave?

James L. Arrasmith
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answered on May 9, 2024

Based on the information you provided, it seems that you have applied for an extension of your tourist visa before your current authorized stay expires on May 31st. Receiving the I-797C Notice of Action is an acknowledgment that USCIS has received your application.

In most cases, if you...
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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?

James L. Arrasmith
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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 Minnesota on
Q: Applied for VISA slot in March 2024 however my employer got changed before that. How to update DS160. Please guide me

In October 2022, my visa status changed from F1 to H1B. Recently, I applied for a visa appointment in India through the DS160 form, submitted in August 2023. I have paid the visa fees and secured a slot for March 2024, opting for the DROPBOX option.

Subsequently, I have accepted a new job,... View More

James L. Arrasmith
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answered on Dec 12, 2023

In your situation, updating the DS-160 form to reflect your new employment is essential. Since you've already submitted the DS-160 and scheduled an appointment, you'll need to fill out a new DS-160 form with the current employer's information. This is because the DS-160 form, once... View More

2 Answers | Asked in Immigration Law, Criminal Law and Domestic Violence for Minnesota on
Q: My wife got a misdemeanor charge against me for domestic assault. She's illegal immigrant legally married

She's legally married to me. My question is can she still get her papers. We have been working on them with our immigration lawyer. Now we have came to some personal life problems that got her sent to jail. 2 years married. Is there something we can do to fight for this as she's in... View More

James L. Arrasmith
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answered on Nov 23, 2023

In cases involving a misdemeanor charge, such as domestic assault, the impact on immigration processes can be significant. For someone in the process of obtaining legal status, a criminal charge can pose challenges, potentially affecting the outcome of their immigration application.

The...
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1 Answer | Asked in Immigration Law and Education Law for Minnesota on
Q: What is the function of an I-20? If the information on my I-20 differs from one on record previously?

Can the US Embassy change information of an international student given his or her I-20 has a different information e.g date of birth, name?

I am a returning student and I am applying for F1 Visa; can I apply with an I-20 that has a different date of birth or name, in the hopes that this... View More

James L. Arrasmith
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answered on Nov 18, 2023

The Form I-20 is a critical document for international students in the U.S. It confirms your acceptance into a study program at a U.S. institution and your eligibility for an F-1 visa. It also outlines your program start and end dates, field of study, and financial information.

If the...
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1 Answer | Asked in Employment Law and Immigration Law for Minnesota on
Q: I'm an Indian Citizen

I’m currently on STEM OPT. I have a job and my employer is enrolled in e-verify program. I file taxes and everything legally. I have a question regarding a new opportunity to open a business in the field of direct sales to distribute Amway products. I will be provided with a registered company... View More

James L. Arrasmith
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answered on Feb 5, 2025

As an individual on STEM OPT, your primary focus should be on your job that is directly related to your field of study. Your visa status allows you to work for an employer who is enrolled in the E-Verify program, but any additional work, such as a side business, needs to be carefully considered.... View More

1 Answer | Asked in Immigration Law for Minnesota on
Q: Hi , If I already managed to get my green card, how long do I have to wait to apply for American citizenship?

Is always de same time for everyone ? I read in some places say 3 years y other 5 years . I’m married with my husband for 5 years but in USA just few months

James L. Arrasmith
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answered on Jan 29, 2025

If you already have your green card, the time you need to wait before applying for U.S. citizenship depends on how you obtained it. Since you are married, the waiting period could be three years if you received your green card through marriage to a U.S. citizen. However, you must have been living... View More

1 Answer | Asked in Immigration Law for Minnesota on
Q: had a green card 8 years ago, back to my country, my green card expired now I’m in the USA again , i have AW yes or no ?

My green card expired because I stayed in my country for 5 years now I’m in the USA again , I married in my country with an American citizen 4 years of married now we move to the USA I travel with a tourist visa , I’m filling the I130 but i don’t understand this question I130 FORM... View More

James L. Arrasmith
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answered on Jan 26, 2025

If you have never been placed in immigration proceedings, such as removal or deportation proceedings, the answer to the question “Was the beneficiary EVER in the immigration proceedings?” on Form I-130 would be "No." Immigration proceedings typically involve formal legal actions by... View More

1 Answer | Asked in Immigration Law and Criminal Law for Minnesota on
Q: Hello, I live in MN and I was caught shoplifting. I am on H-1B visa with approved I140. I have two main worries/question

The cops said they have issue with their system so they will send me the citation. They said it will be the lowest degree (not sure what that means). The claim was for stealing goods worth $78.xx.

1) As non-immigrant, how much of issue would it be once I start my I-485 process.

2)... View More

James L. Arrasmith
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answered on Oct 21, 2024

Since you're on an H-1B visa, any criminal record, even a minor one, could affect your immigration status. When you file your I-485, the government checks for any arrests or citations, and even small theft charges can raise questions about your moral character. However, a petty theft under... View More

1 Answer | Asked in Immigration Law, Family Law, Personal Injury and Domestic Violence for Minnesota on
Q: Hello! I have a J2 visa - my husband kicked me out of the house.

Hello! I have a J2 visa - my husband kicked me out of the house. He is a narcissist, he was a psychological terror for almost 2 years, I am sure he cheated on me too. I work and I am fine. But I would like to know what I can do to stay here legally and disassociate myself from him.

James L. Arrasmith
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answered on Sep 18, 2024

I'm sorry to hear about your situation. If you're on a J2 visa, your legal status is tied to your husband's J1 visa. However, you may have options to remain in the U.S. independently. You could consider applying for a change of status, such as an adjustment to a work visa or student... View More

2 Answers | Asked in Immigration Law for Minnesota on
Q: My tourist visa ends 31st May, I applied for extension on May 1, says case was recieved, Do I have to leave the country
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on May 9, 2024

If you have proof that the extension application was filed before your authorized stay expired, you will be considered to be in a period of authorized stay by the Attorney general and will not accrue unlawful presence

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1 Answer | Asked in Immigration Law for Minnesota on
Q: I submitted the USCIS's AR-11 change of address form online yesterday, and I still haven't received the AR-11’s ….

confirmation number email.

2- What is the difference between the AR-11 confirmation number they send you by email and the acknowledgment letter with the AR-11 number they send you to your new address?

James L. Arrasmith
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answered on Oct 22, 2023

It's not unusual to experience a slight delay in receiving an email confirmation after submitting the AR-11 form online to USCIS. The email confirmation number serves as an immediate digital acknowledgment that your change of address form has been successfully submitted to USCIS. It's a... View More

1 Answer | Asked in Immigration Law for Minnesota on
Q: I submitted the USCIS's AR-11 change of address form online yesterday, and I still haven't received the AR-11’s

confirmation number email.

2- What is the difference between the AR-11 confirmation number they send you by email and the acknowledgment letter with the AR-11 number they send you to your new address?

James L. Arrasmith
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answered on Oct 22, 2023

It's not uncommon for there to be a short delay in receiving confirmation after submitting the AR-11 form online. The confirmation number you receive by email is primarily for immediate acknowledgment that USCIS has received your online change of address submission. It provides a quick... View More

1 Answer | Asked in Immigration Law, Gov & Administrative Law and International Law for Minnesota on
Q: Dear all, Hi Can I travel outside USA with my greencard and my home country's passport? I was admitted as a refugee

Just wanna know if it's must to use 131a refugee travel documents or I can proceed with green card and passport from my home country

Thanks

James L. Arrasmith
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answered on Oct 15, 2023

If you have a green card, you generally can travel outside the U.S. using your green card and the passport from your home country. However, as a refugee, there's a risk when traveling with a passport from the country of claimed persecution. If you use that passport, it may be viewed as... View More

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