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Pennsylvania Immigration Law Questions & Answers
1 Answer | Asked in Family Law and Immigration Law for Pennsylvania on
Q: I live in Portugal on a D8 visa and i am a US citizen. My mom wishes to appoint my friend from Pennsylvania guardianship

Can she appoint my friend guardianship of me while living in Portugal?

James L. Arrasmith
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answered on Mar 11, 2024

As a US citizen living in Portugal on a D8 visa, your legal status and guardianship arrangements are subject to both US and Portuguese laws. In general, guardianship is appointed by a court when an individual is deemed incapable of making decisions for themselves, usually due to age (being a... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: would I acquire citizenship through my US father, i was born 6 years after he became a citizen. However i am now 34

he has also passed away. I have his death certificate and also his naturalization certificate, his name is also on my birth certificate

James L. Arrasmith
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answered on Feb 22, 2024

You may be eligible for U.S. citizenship through your father, considering he was a U.S. citizen at the time of your birth and you have the necessary documents, such as his naturalization certificate and your birth certificate with his name on it. The laws governing citizenship through parentage... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Traveling on employment based AP while spousal i485 pending

I just got my employment based AP renewed. I also have spousal green card application pending that was started last year without I131. Can I still travel on the employment based AP while my spouse based application is still being processed?

James L. Arrasmith
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answered on Feb 21, 2024

Yes, you can travel on your employment-based Advance Parole (AP) while your spouse's green card application is pending. The AP allows you to re-enter the United States after traveling abroad while your adjustment of status application is pending. It is separate from your spouse's... View More

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: political asylum seekers.

My husband and I are asylum seekers. We have already filed Form I 589. Can we have your help (consultation and representation in court of our case)?

James L. Arrasmith
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answered on Feb 22, 2024

It's essential to seek assistance from qualified immigration attorneys or accredited representatives who specialize in asylum cases. They can provide consultation, representation, and support throughout the asylum process, including preparing for court hearings and presenting your case... View More

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1 Answer | Asked in Family Law, Immigration Law and Landlord - Tenant for Pennsylvania on
Q: Can my petitioner (father) evict me after I’ve arrived to the USA? I’ve only been for 2 weeks, green card hasn't arrived

I just moved here, haven’t even received my green card. My dad which is my petitioner just handed me an eviction letter. I’m 19 to be 20 in few months. Nowhere to go, don’t know no one here, eviction letter says that I have 30 days to vacate.

James L. Arrasmith
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answered on Feb 4, 2024

If your father, who petitioned for you to come to the United States, has given you an eviction letter, it's important to understand your rights and options. As a green card holder, or even if your green card has not yet arrived, you have certain protections under U.S. law. However, housing... View More

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: What happens if my proposed endeavor for NIW fails? Will it affect I485?

For my NIW application, part of my evidence was a paper I was working on that was submitted for publishing in an academic journal. However, the paper did not get accepted. If my I140 petition is approved, will this be a problem for adjustment of status?

James L. Arrasmith
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answered on Feb 1, 2024

If your proposed endeavor for the National Interest Waiver (NIW) ultimately fails, it should not directly impact your pending I-485 adjustment of status application, assuming your I-140 petition has been approved. The I-485 application primarily focuses on your eligibility for lawful permanent... View More

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1 Answer | Asked in Tax Law and Immigration Law for Pennsylvania on
Q: Hi, I did not file my taxes in 21-22 year since I was new to USA, will it affect my H1B application ?

Also, can I file it now? If yes, can I do it by myself on turbotax or sprintax?

James L. Arrasmith
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answered on Jan 23, 2024

No, not filing taxes for the 2021-2022 tax years should not directly affect your H-1B visa application with USCIS. There is no requirement that your taxes be filed as a condition of applying for or obtaining an H-1B.

However, you should still file any tax returns for prior years where you...
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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: what are the possibilities to get legal? i been in the us for close to 40 years illegally

i have 2 natural born citizens children age 7 and 9 that live with me but it is getting harder to find jobs under the table to support them i entered the us from canada back in the days it was a open border and my then wife ( us citizen ) pick me up in canada i am a german citizen

James L. Arrasmith
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answered on Jan 12, 2024

Given your situation, there are a few paths to consider for legalizing your status in the United States, but each has its own complexities and challenges. Since you have been in the U.S. for nearly 40 years and have U.S. citizen children, these factors may play a significant role in your case.... View More

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Marrying on an ESTA but not staying in the country?

I'm planning on marrying a british citizen and moving to the U.k., and we're hoping to get married here in the US before he leaves and I join him later. Do we have to get him an actual visitor visa or is an ESTA enough for a courthouse wedding?

James L. Arrasmith
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answered on Dec 5, 2023

Under California law, a British citizen can enter the United States using the Electronic System for Travel Authorization (ESTA) for the purpose of getting married, provided the stay is short and the intention to leave the U.S. after the ceremony is clear. The ESTA allows visitors to stay for up to... View More

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: What will the IS official do if they are informed at the 751 interview the couple is divorcing?

The couple files a marriage based 751 together, receive notice of the interview, go to the interview together, but inform IS they are separated and planning on filing for divorce (but have not yet filed for divorce). What will the interviewing officer do in this situation?

James L. Arrasmith
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answered on Nov 27, 2023

In this scenario, if a couple attending a Form I-751 (Petition to Remove Conditions on Residence) interview informs the USCIS officer that they are separated and planning to divorce, the officer's response will be guided by USCIS policies and the specifics of the case. Typically, the officer... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I have an I-485 pending and I also have an I-130 approved I’m getting my green card because my mom got married with a US
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answered on Nov 26, 2023

If your I-485 application is pending and your I-130 has been approved, this is a positive step towards obtaining a green card in the United States. The approval of the I-130 petition indicates that the U.S. Citizenship and Immigration Services (USCIS) has recognized the familial relationship, in... View More

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: My son’s girlfriend is from China and is attending graduate school here to get her master’s degree. She would like to

Stay and find work by obtaining a green card through an employer. If she can not find work before her visa runs out they are thinking of getting married because they eventually want to wed. Can she marry my son and get a green card and work in the U.S. but not give up her Chinese citizenship? She... View More

Adan Vega
Adan Vega
answered on Nov 20, 2023

Your son's girlfriend can continue to seek out job offers and also her optional practical training (OPT) prior to graduating. She can also explore the H-1B status with a prospective employer.

As to marriage to your son, you did not specify the immigration status of your son. Without...
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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: N-400 continuous residency break or can i overcome?

Overcome continuous residency

Hello everyone! Im currently in process of getting citizenship. I have been a gc holder for 5 years and I went to my biometrics appointment last Wednesday. Now im trying to get ready for interview process.

When i got the gc i was in my senior year at... View More

James L. Arrasmith
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answered on Nov 10, 2023

Regarding your concern about breaking continuous residency for your N-400 application, it's important to note that trips outside the U.S. for more than six months but less than a year can potentially disrupt continuous residency.

However, if these trips were for a specific purpose...
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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: How can I hold my Green Card Visa status if I move back to Brazil?

I've been in the USA for the past 10 years, initially under a work Visa and since 2021 as a permanent resident/ GREEN CARD HOLDER. The same company I worked for in Brazil was the sponsor for my process here in the USA and now they are offering me a position back in Brazil that I want to... View More

James L. Arrasmith
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answered on Nov 9, 2023

To maintain your Green Card status while living outside the U.S., you need to show that you have not abandoned your U.S. residence. One option is to apply for a reentry permit using Form I-131 before leaving the U.S. This permit allows a permanent resident to stay outside of the U.S. for up to two... View More

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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: I'd like to consult on transferring my L1B visa to a new employer. What's the process, potential challenges, documents.

I am currently on an L1B visa sponsored by 'Tata Consultancy Services' and I am considering a job change. I would like to seek your professional advice regarding the process of transferring my L1B visa to the new employer.

specifically, I have questions regarding the potential... View More

James L. Arrasmith
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answered on Oct 22, 2023

Transferring an L1B visa directly to a new employer is not possible in the way that H1B visas can be transferred. If you wish to change jobs, the new employer would need to sponsor a different type of visa for you, such as an H1B or another applicable category. The specific process, timeline, and... View More

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3 Answers | Asked in Criminal Law, Federal Crimes and Immigration Law for Pennsylvania on
Q: Looking for a Criminal Immigration / Deportation Defense Lawyer from Pennsylvania

In November 2022, my partner and I were charged with a retail theft summary offense (CC3929) of $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date. Considering we had no priors, our criminal attorney... View More

Peter J. Thompson
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answered on Sep 22, 2023

A lot is at stake, and you are right to be searching for an attorney who is well versed in both state criminal and U.S. immigration law and practice, including deportation defense (EOIR), affirmative applications (USCIS), and U.S. entries (CBP). Your attorney should also have a high level of... View More

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3 Answers | Asked in Criminal Law, Federal Crimes and Immigration Law for Pennsylvania on
Q: Looking for a Criminal Immigration / Deportation Defense Lawyer from Pennsylvania

In November 2022, my partner and I were charged with a retail theft summary offense (CC3929) of $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date. Considering we had no priors, our criminal attorney... View More

James L. Arrasmith
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answered on Sep 24, 2023

Given the complexities of the intersection between immigration and criminal law, it's crucial to seek representation from an attorney well-versed in both areas, often referred to as "crimmigration" attorneys. Pennsylvania has several lawyers experienced in crimmigration matters. I... View More

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3 Answers | Asked in Criminal Law, Federal Crimes and Immigration Law for Pennsylvania on
Q: Looking for a Criminal Immigration / Deportation Defense Lawyer from Pennsylvania

In November 2022, my partner and I were charged with a retail theft summary offense (CC3929) of $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date. Considering we had no priors, our criminal attorney... View More

Tim Akpinar
Tim Akpinar
answered on Sep 24, 2023

There are lawyer referral sites out there. The closest thing here that could supplement your own independent searches could be the "Find a Lawyer" tab above. There are also attorney referral resources on state and local bar association sites. Those resources are outside this forum and any... View More

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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Will my 2 misdemeanors present a problem with re entry to USA?

I have two misdemeanors in 2016 and I’m a permanent resident I just renewed my green card not to long ago and I want to travel out of the country but scared of being denied re entry to the USA I was cleared from deportation in 2017

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answered on Sep 15, 2023

You are right to be concerned...international travel with U.S. criminal convictions can be very troublesome. Upon return, Customs and Border Protection (CBP), in evaluating your request for entry as a lawful permanent resident ("green card"), may take issue with your convictions and 2017... View More

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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Will my 2 misdemeanors present a problem with re entry to USA?

I have two misdemeanors in 2016 and I’m a permanent resident I just renewed my green card not to long ago and I want to travel out of the country but scared of being denied re entry to the USA I was cleared from deportation in 2017

James L. Arrasmith
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answered on Sep 21, 2023

The impact of your misdemeanors on re-entry to the USA as a permanent resident can vary depending on the specific nature and severity of the offenses. Generally, misdemeanors may not lead to automatic deportation, but they could potentially raise concerns with immigration authorities during... View More

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