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Montana Immigration Law Questions & Answers
1 Answer | Asked in Federal Crimes, Criminal Law and Immigration Law for Montana on
Q: My husband its in jail for breaking his probation< Can he be my sponsor to fix my papers,No crime against minors

his crime its related to Marihuana<serving a 10 month sentence,will be release on April 25 2024,the charges are having related to a person who commited crimes,and No having completed the program for addiction

James L. Arrasmith
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answered on Jan 13, 2024

Your husband being in jail on probation violation related to marijuana should not directly impact your immigration status or the process of fixing your papers, assuming there are no legal issues surrounding your own immigration status.

However, when it comes to sponsorship for immigration...
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1 Answer | Asked in Immigration Law and Gov & Administrative Law for Montana on
Q: What other documents can I use to show to get my drivers permit?

My green card was stolen years ago and got a new one filed more than a year ago and still haven’t received it. I’ve tried to get my permit multiple times but I was told that I couldn’t because I didn’t have a green card though I have proof of it. What do I do?

I cannot simply wait... View More

James L. Arrasmith
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answered on Nov 18, 2023

To apply for a driver's permit without your physical green card, consider using alternative documents that prove your legal status in the U.S. Typically, a state's Department of Motor Vehicles (DMV) accepts various forms of identification and legal status documentation.

You can...
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2 Answers | Asked in Immigration Law for Montana on
Q: What are the possible waivers to change status From J1 to H1?
James L. Arrasmith
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answered on Oct 22, 2023

Transitioning from a J1 to an H1 visa can be complicated, especially if you're subject to the 2-year home residency requirement. If you are, you'll need to obtain a waiver before you can change your status. There are several grounds upon which one can apply for a waiver:

1. No...
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2 Answers | Asked in Immigration Law for Montana on
Q: I am a J1 Visa holder for 2 years now, and I just wanna ask if its possible to change my status from J1 to H1?

I'm from a different country and planning to stay longer in the US and get another job, but I can't since I only have to work 1 job because of my J1 Visa

James L. Arrasmith
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answered on Oct 22, 2023

Transitioning from a J1 to an H1 visa is feasible, but certain conditions must be met. Many J1 visa holders are subject to a 2-year home residency requirement, meaning you'd have to return to your home country for two years before seeking another U.S. visa status. If this applies to you,... View More

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2 Answers | Asked in Immigration Law for Montana on
Q: Power of ATTY need to be done with Recipients name or ATTY to get copy of a birth certificate from the Philippines? NSA.

Wife needs a clear copy of her birth certificate from the Philippine's. Her now expired visa passport is missing or lost along with a legible copy of her birth certificate. She does have a copy of the expired passport though, that shows who she is, with pic, birth date, etc. She wants to have... View More

James L. Arrasmith
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answered on Sep 14, 2023

To obtain a birth certificate from the Philippines on your wife's behalf, the power of attorney should typically name her sister as the authorized representative since her sister will be physically present to request the document. It's not necessary to involve the immigration attorney in... View More

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1 Answer | Asked in Immigration Law for Montana on
Q: NIW- EB-2 self petition

I am a J1 Participant, seeking information about NIW EB-2. I have bachelors, 5 years in total teaching services, have both license from the original country and here in US. IS there any chance I can petition myself with all of my credentials?

James L. Arrasmith
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answered on Apr 10, 2024

The EB-2 National Interest Waiver (NIW) is an employment-based green card category that allows individuals with exceptional ability or advanced degrees to self-petition for permanent residence without a job offer or labor certification. To qualify for an NIW, you must demonstrate that your work is... View More

1 Answer | Asked in Immigration Law for Montana on
Q: Hello. I would like to ask a question about the approval of an immigrant visa

I plan on filing a petition for my parents. However, I am afraid that it might get denied because of my work history. I haven't had a long term job for the past two years because I move from one job to another multiple times. Will USCIS consider my work history as a factor of approval?

Stephen Arnold Black
Stephen Arnold Black
answered on May 23, 2021

A US citizen sponsoring his parents for permanent residency is required to file an affidavit of support that meets the necessary income threshold based on his household size. If you do not meet that threshold, you can engage a joint sponsor who can.

2 Answers | Asked in Child Custody, Family Law and Immigration Law for Montana on
Q: if the mother of my child is a non citizen, but does have a social, can she take my child and move away??

she has never applied for or is a citizen and she wants to leave the county and/or country with our child. I tried helping her with citizenship and she refused. Now she wants to take my child away for a 3rd time now and just leave with her. She has no citizenship but has been employed for her adult... View More

Agnes Jury
Agnes Jury
answered on Apr 27, 2021

Whether your permission is needed for the child to travel internationally depends on whether you are on the child's birth certificate and have custody, as well as what the airline and country of destination regulations are. A family law attorney may be able to get an order forbidding removal... View More

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2 Answers | Asked in Immigration Law for Montana on
Q: The mother of my child is American. However she was born in England bt lived here 42yrs How can we get her U.S.citizens?

AS A child her Father ONLY- (dec-citizen), raised her inside the US. THEN She was 12 & forced into foster care. She had graduated HS, ALWAYS WORKED since age 17 or younger and always paid her taxes like ALL Americans SHOULD. She never has been on Assistance or has never asked the government for... View More

Nareshwar Singh Virdi
Nareshwar Singh Virdi
answered on Feb 28, 2021

This is a complicated situation. We need more information to determine if she ever qualified as a citizen as a minor.

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1 Answer | Asked in Immigration Law for Montana on
Q: Please help me get my boyfriend from Nigeria here for the holidays with my family. We have been dating a year and half.

Met online 3 years ago. Been dating over a year now. Never met. I want to get him here for the holidays with my family. 3 month visit.

Adan Vega
Adan Vega
answered on Sep 25, 2020

Your boyfriend will need to apply for a non-immigrant B-1/B-2 visa at the U.S. consulate in Nigeria.

1 Answer | Asked in Immigration Law for Montana on
Q: The National Visa Center keeps asking for the same civil documents.

The National Visa Center keeps asking for the same civil documents (copy of marriage certificate or police record), I submitted all the docs and they were approved, with the I-130 which is also approved. What’s going on at the NVC?”

Drew Elesh
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Drew Elesh
answered on May 26, 2020

we have fixed this for several clients this year.

We can represent you for the final stages of setting up the

profile and complete the remaining forms including the Dept of State

forms and prepare the client for interview. There is also a new public charge

form added since Feb.

1 Answer | Asked in Immigration Law for Montana on
Q: can a person with a tourist visa to the usa come here, get married, and stay here after she marries a us citizen?

thai citizen with a B1 tourist visa

has a 10 year old daughter

would plan on getting married to me, a us citizen

can she stay after marriage to me and apply for a greencard?

Adan Vega
Adan Vega
answered on Mar 9, 2020

Your plans to have your fiancée enter the U.S. with a B-1/B-2 visa in order to marry a U.S. citizen and adjust status with USCIS is an inappropriate use of the non- immigrant visitor visa. An attempt to file a request to adjust status with USCIS can be denied based on a misrepresentation at the... View More

1 Answer | Asked in Immigration Law for Montana on
Q: Hello,Can I still work on my F1 OPT after I get my H4 COS approved and before H4 EAD arrives?

I am currently on F1 OPT and have applied for concurrent change of status to H4 & EAD.

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 14, 2015

You can work until your EAD expires. If you get another EAD H4 the one you have right now will be void. So yes, you can work on OPT Until H4 EAD arrives.

"15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice,...
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1 Answer | Asked in Immigration Law for Montana on
Q: immigration law

Brazilian citizen, been to usa 6 times over last 4 yrs., has a current student visa...and a current tourist visa..... she will be here in Jan. 2015.... during this time we will get married..... she and I will get married in Feb. or such....she will apply for a 'green card'.... in oct.... View More

Stephen Baird
Stephen Baird
answered on Dec 5, 2014

From the situation you describe, you potentially have a few issues. If she enters the US on a non-immigrant visa with the intent to marry you and file for a green card, she has lied to the agents at the border by claiming to be coming to the US without the intent to immigrate.

It is also...
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