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Ohio Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Ohio on
Q: person has filed case I-130, they received tourist visa to US, can they stay longer, adjust the status to get green card

Can that person with family stay in US while I-130 being reviewed for 2-3 years until the decision made? Or they will be deported after tourist visa expiration? If status adjustment filed is denied? How long the status adjustment takes?

Syrian national, living in Emirates.

James L. Arrasmith
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answered on Jul 24, 2024

If you have filed an I-130 and entered the U.S. on a tourist visa, you are generally expected to leave before your visa expires. Staying beyond your visa's expiration without proper authorization can lead to deportation and may negatively impact future immigration applications.

To...
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2 Answers | Asked in Immigration Law for Ohio on
Q: N-400 was denied because i didn’t register to selective service when I come in America that I didn’t know about it
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jun 1, 2024

Apply for US citizenship when you are 31 yrs old or over. This is because the applicant's failure to register would be outside of the statutory 5-year period during which an applicant must show that he is of good moral character and disposed to the good order and happiness of the United States.

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2 Answers | Asked in Immigration Law for Ohio on
Q: N-400 was denied because i didn’t register to selective service when I come in America that I didn’t know about it
James L. Arrasmith
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answered on Jun 1, 2024

I understand your frustration about the denial of your N-400 application due to not registering for selective service. When you first arrived in the U.S., it's possible that you were unaware of this requirement, especially if it wasn't clearly communicated to you. Unfortunately, failing... View More

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2 Answers | Asked in Family Law and Immigration Law for Ohio on
Q: My boyfriend and I want to get married today at the county courthouse.

He is here by having a nonimmigrant visa - temporary stay. Will he only need to present his passport when we go to the courthouse?

James L. Arrasmith
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answered on May 24, 2024

When you and your boyfriend go to the county courthouse to get married, he will typically need to present his passport as a form of identification. In addition to his passport, he may also need to provide his visa to verify his nonimmigrant status. It’s a good idea to call the courthouse in... View More

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2 Answers | Asked in Family Law and Immigration Law for Ohio on
Q: My boyfriend and I want to get married today at the county courthouse.

He is here by having a nonimmigrant visa - temporary stay. Will he only need to present his passport when we go to the courthouse?

Stephen Arnold Black
Stephen Arnold Black
answered on May 24, 2024

It depends on the county policy for what identification is required. Some counties require unexpired passports while others will accept expired passports. However, if you’re a US Citizen you can immediately sponsor your spouse for a green card right after marriage. Some of us immigration lawyers... View More

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2 Answers | Asked in Immigration Law for Ohio on
Q: Adjustment of Status in the United States after approved i-130

My mom, a US citizen filed a petition i-130 for me that was approved and sent to NVC for further processing; a fall under the unmarried child over 22 category. Do I have to wait for NVC processing or I can just go ahead and file i-485 as soon as I get the NOA2? I live in the united states.

James L. Arrasmith
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answered on May 2, 2024

If you are currently living in the United States and your I-130 petition (filed by your U.S. citizen mother under the unmarried child over 21 category) has been approved, you may be eligible to file for Adjustment of Status (Form I-485) without waiting for the National Visa Center (NVC) to process... View More

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1 Answer | Asked in Employment Law and Immigration Law for Ohio on
Q: If I was selected in the H1B lottery 2024, what is the next step and how many days are given to file the H1B petition?
James L. Arrasmith
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answered on Apr 25, 2024

If you were selected in the H1B lottery for the fiscal year 2024, congratulations! The next step is to file your H1B petition with the United States Citizenship and Immigration Services (USCIS). Your employer will be responsible for filing the petition on your behalf.

Typically, you have 90...
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2 Answers | Asked in Immigration Law for Ohio on
Q: Can I apply for a k1 visa for a Venezuelan.

I know there is an American embassy in Venezuela anymore but she does live in Bogota Colombia where the American embassy is.

James L. Arrasmith
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answered on Apr 25, 2024

Yes, it is possible for your Venezuelan partner to apply for a K-1 fiancé(e) visa at the U.S. Embassy in Bogota, Colombia, even if they are not a Colombian citizen. Due to the suspension of operations at the U.S. Embassy in Caracas, Venezuela, the U.S. Embassy in Bogota has been designated as the... View More

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2 Answers | Asked in Immigration Law for Ohio on
Q: Can I apply for a k1 visa for a Venezuelan.

I know there is an American embassy in Venezuela anymore but she does live in Bogota Colombia where the American embassy is.

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 25, 2024

I believe that the US Consulate in Columbia is currently handling visa processing for Venezuelan nationals. If she is living in Columbia now and has documentation to prove that, then it is highly likely that she can process inside that country.

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1 Answer | Asked in Immigration Law for Ohio on
Q: I was wondering if my mom, who has had a permanent resident card since 2017, is eligible for the government funds.

I was wondering if my mom, who has had a permanent resident card since 2017, is eligible for the government funds.

James L. Arrasmith
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answered on Mar 7, 2024

Based on the information you've provided, it seems your mother is a lawful permanent resident (green card holder) living with you in the United States. However, eligibility for government assistance programs can vary depending on the specific program and your mother's unique... View More

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

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: 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: 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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