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Ohio Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Ohio on
Q: If a family has been here from Honduras for 7 years do they qualify for protected status?

I am helping this family they have 3 children, 2 were born here in the U.S. They fled Honduras, but they don't have their green cards or even work permits, so I am trying to help them with these things. What do they qualify for?

Thanks

Tracy

James L. Arrasmith
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answered on Feb 26, 2024

Tracy, it's commendable that you're looking to support this family. The question of whether they qualify for protected status in the U.S. depends on various factors, including current immigration laws and the family's specific circumstances. For individuals from Honduras, Temporary... View More

1 Answer | Asked in Immigration Law for Ohio on
Q: Hi, I have L2 visa, two kids ages 6 and 3. Can my L1 visa wife divorce me just so I can’t see my kids?

She is threatening me with divorce, she says I would have to leave the country and wouldn’t be able to have 50/50 custody because I wouldn’t be able to live here.

James L. Arrasmith
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answered on Feb 21, 2024

It's understandable that you're concerned about the situation with your wife and the potential impact on your ability to see your children. However, divorce and custody matters are complex legal issues that vary depending on the specific circumstances and jurisdiction. Your immigration... View More

3 Answers | Asked in Immigration Law for Ohio on
Q: After I marry my wife who is from Columbia. How much longer can she stay in America. And how soon can I get her a visa

A permanent visa

Edward Russell
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answered on Jan 26, 2024

If you are a US citizen or have permeant residence status you can file a form I-130 sponsoring her for permanent resident stats and she can stay in the US. She can also apply for a work permit and receive a social security number.

Once she received permanent resident status it will be for...
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3 Answers | Asked in Immigration Law for Ohio on
Q: After I marry my wife who is from Columbia. How much longer can she stay in America. And how soon can I get her a visa

A permanent visa

James L. Arrasmith
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answered on Jan 26, 2024

After you marry your wife from Colombia, her ability to stay in the United States depends on her current visa status. If she is in the U.S. on a temporary visa, she must adhere to the conditions of that visa until her status changes.

To obtain a permanent visa for her, you need to file a...
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3 Answers | Asked in Immigration Law for Ohio on
Q: Hi there, and happy afternoon. I just got an RFE about a family-based visa.

Hi there, and happy afternoon.

I just got an RFE about a family-based visa. I was able to secure a copy of my birth certificate, which was required by the RFE. Regretfully, the birth certificate office mistyped my date of birth, which I quickly corrected when I received it. I wanted to... View More

Syed Ali Hussain Lahooti
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answered on Jan 8, 2024

Responding to an RFE is more challenging because you have to address the issues USCIS has already encountered. That's why lawyers always strive to ensure there are no chances of receiving an RFE in the first place. Once you've provided a thorough explanation, attached all missing... View More

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3 Answers | Asked in Immigration Law for Ohio on
Q: Hi there, and happy afternoon. I just got an RFE about a family-based visa.

Hi there, and happy afternoon.

I just got an RFE about a family-based visa. I was able to secure a copy of my birth certificate, which was required by the RFE. Regretfully, the birth certificate office mistyped my date of birth, which I quickly corrected when I received it. I wanted to... View More

James L. Arrasmith
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answered on Jan 8, 2024

Responding promptly and clearly to an RFE (Request for Evidence) is crucial in visa processes, and it's good that you have taken steps to correct your mistake.

In your situation, submitting both the incorrect and corrected versions of your birth certificate, accompanied by an...
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2 Answers | Asked in Immigration Law and Health Care Law for Ohio on
Q: In Ohio, are emergency rooms allowed to ask a minor about their legal status? We have Medicaid.

We have Medicaid, I took my teen to the emergency room. They asked the usual questions but then asked her if she was born outside of the U.S. I felt very uncomfortable, never had anyone in an emergency room asked this before.

Symantha Rhodes
Symantha Rhodes
answered on Dec 23, 2023

According to federal law, emergency rooms are required to provide medical treatment to anyone who needs it, regardless of their ability to pay or immigration status. Under the law, hospitals are prohibited from delaying emergency treatment to ask about a patient's immigration status. However,... View More

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2 Answers | Asked in Immigration Law and Health Care Law for Ohio on
Q: In Ohio, are emergency rooms allowed to ask a minor about their legal status? We have Medicaid.

We have Medicaid, I took my teen to the emergency room. They asked the usual questions but then asked her if she was born outside of the U.S. I felt very uncomfortable, never had anyone in an emergency room asked this before.

Kevin L Dixler
Kevin L Dixler
answered on Dec 22, 2023

Health care providers should not ask for immigration status information, nor make such inquiries! Citing the NILC, below:

"Under federal law, hospitals with emergency rooms must screen and treat people who need emergency medical services regardless of whether they have insurance, how...
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1 Answer | Asked in Immigration Law for Ohio on
Q: I do not full fill the Physical Presence Req due to I work onboard ships, can I still get a citizenship?

I'm a Green Card holder but do not full fill the Physical Presence Requirement due to I work onboard ships for a US based company.

I was previously denied due to that, can I get a citizenship with physical present requirement exemption due to my unique employment situation?

James L. Arrasmith
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answered on Nov 18, 2023

For U.S. citizenship, meeting the Physical Presence Requirement is typically a key criterion. However, in certain cases, exceptions can be made. Given that you work onboard ships for a U.S.-based company, this might be considered a special circumstance.

Typically, employment with a U.S....
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2 Answers | Asked in Immigration Law for Ohio on
Q: I have an immagration question: if you are detained by ICE and held in a prison waiting for court will he get deported

He had a felony charge and was doing everything they had asked of him has been in the u.s. for 20 years and is legally married with 4 kids owns a business and was detained by ice when he attended his probation meeting now is in a county jail 3 hours from home with no bail

James L. Arrasmith
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answered on Nov 12, 2023

Whether someone will be deported after being detained by ICE depends on various factors, including their immigration status, the nature of the felony charge, and their overall immigration history. The fact that he has been in the U.S. for 20 years, is legally married, has children, and owns a... View More

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2 Answers | Asked in Immigration Law for Ohio on
Q: I have an immagration question: if you are detained by ICE and held in a prison waiting for court will he get deported

He had a felony charge and was doing everything they had asked of him has been in the u.s. for 20 years and is legally married with 4 kids owns a business and was detained by ice when he attended his probation meeting now is in a county jail 3 hours from home with no bail

Carl Shusterman
Carl Shusterman
answered on Nov 13, 2023

This depends on the facts of his criminal conviction.

Since he is a green card holder that the government is trying to deport, he may be eligible to apply to the Immigration Judge for Cancellation of Removal for Permanent Residents using form EOIR-42B (plus supporting documents) if he meets...
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1 Answer | Asked in Immigration Law for Ohio on
Q: I was f-1 student, and my DSO doesn't change my opt start date, and my opt got denial, what I can do to retain my opt?

I have emails that's she said she changed my opt start date, but she doesn't. I wanna know I can sue her to restore money that's I lost or sue her to regain my opt back.

James L. Arrasmith
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answered on Oct 22, 2023

If your OPT was denied due to a mistake made by your Designated School Official (DSO), the first step is to speak with your DSO about the issue and see if it can be rectified administratively. In some cases, the DSO might be able to correct the error or provide guidance on how to reapply.... View More

1 Answer | Asked in Immigration Law for Ohio on
Q: What to do if you lose asylum pending because main applicant got greencard

Me and my siblings are under pending asylum case that has been pending for many many years. The case is under my fathers name. Now my father is about to get his green card through employment at a university. However, because now we are old, the lawyer couldn't add us to his case since we... View More

James L. Arrasmith
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answered on Oct 22, 2023

If your father's asylum case is closed due to him obtaining a green card through employment, the derivative benefits you had as his dependents in the asylum application will also end. Given your ages, you're no longer considered children for immigration purposes. It's essential to... View More

2 Answers | Asked in Immigration Law for Ohio on
Q: Hello, I wonder if I can apply to change my current B2 to F1 status, taking into account my B2 expires on October 4

My I-20 had a mistake for that reason the school had to change it but now the dates to start college will be to Spring, that will let me without an status, because my current B2 expires on October 4, 2023

James L. Arrasmith
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answered on Sep 7, 2023

It is indeed possible to apply to change your status from B2 to F1. In your particular situation, considering your B2 visa expiration date, it is highly recommended to file a Form I-539, Application To Extend/Change Nonimmigrant Status, before your B2 status expires on October 4, 2023. It is... View More

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1 Answer | Asked in Immigration Law for Ohio on
Q: I applied I-90 Form and I got a stamp on my passport to travel. I noticed my passport will expire soon what should I do?

My mom applied I-90 Form to replace her Green Card in February 2022. Because her I-797 Notice of Action expired after 12 months, she received a stamp on her German Passport to be able to travel. She went to Germany and planned to return to Cincinnati on November 31, 2023. She now noticed that her... View More

Yanky Perelmuter
Yanky Perelmuter
answered on Aug 14, 2023

If her passport with the I-551 stamp expires before she receives her new passport she should enter the United States with her new, current passport as well as her expired passport with the stamp. The stamp will still be valid in the expired passport. She will have to travel with both passports, her... View More

2 Answers | Asked in Immigration Law for Ohio on
Q: I'm American and my partner is British. What is the best/easiest way to go about marriage and duel citizenship?

We have been together 2 years and both want to do duel citizenship living part time in both countries. We travel currently back and forth monthly and she has started getting questioned by TSA at immigration for the amount of time/trips to the US. What is the proper/easiest route for us to do this... View More

John Michael Frick
John Michael Frick
answered on Jul 7, 2023

Neither the US nor the UK prohibit dual citizenship. Your partner can apply to become a naturalized US citizen without giving up her UK citizenship and you can apply for UK citizenship without giving up your US citizenship.

You should each retain an attorney who practices immigration law...
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1 Answer | Asked in Immigration Law for Ohio on
Q: Filed I-130 under F2B for daughter. If she gets married before visa is available will her application be terminated?

I am Indian National green card holder and my daughter is 26 years old

James L. Arrasmith
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answered on Jul 6, 2023

If your daughter, who is listed as a beneficiary under the F2B category on your I-130 petition, gets married before a visa becomes available, her application will generally be terminated. The F2B category is specifically for unmarried children over the age of 21 of lawful permanent residents. Once... View More

2 Answers | Asked in Divorce, Family Law, Immigration Law and International Law for Ohio on
Q: Can a foreign spouse get visa/greencard if US spouse cheating while they still in their home country??

I wanted to know if I reported the married man who I’ve been sleeping with marriage to a foreigner to be fraud

and the USCIS deem their marriage to be fraud after the marriage has been reported for fraud would she be able to use him cheating in some way to get her marriage visa/green and... View More

James L. Arrasmith
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answered on Jun 18, 2023

It is not appropriate to report a marriage for fraud without evidence of fraud. Cheating is not necessarily evidence of fraud in a marriage for immigration purposes. It is important to respect the privacy and legal rights of others, and to avoid making false accusations or engaging in harassment.... View More

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2 Answers | Asked in Child Custody, Immigration Law and Family Law for Ohio on
Q: If someone from Canada on a visa has a child and has primary custody can they move minor child without other parents

Consent in a joint custody agreement

James L. Arrasmith
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answered on May 16, 2023

When it comes to child custody and relocation, it's essential to consult with a legal professional who specializes in family law in the relevant jurisdiction, as laws may vary depending on the specific circumstances and local regulations.

In Canada, if parents have joint custody of a...
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3 Answers | Asked in Immigration Law for Ohio on
Q: Hi there, I am a British citizen married to and American citizen. I came to the USA legally on an esta.

I arrived in October 2020. My plan was to visit for 3 months and my then fiance now husband were planning to leave and re enter on a fiancé visa. We found out this wasn't necessary and we could go ahead and marry whilst I was here on my esta. We began a visa process to get my green card but... View More

James L. Arrasmith
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answered on Apr 18, 2023

I'm sorry to hear about your difficult situation. If your husband is unwilling to cooperate in the green card application process, there are limited options available to you. It is important to note that the green card process is a joint process, and both spouses must be involved. You may want... View More

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