Lawyers, Answer Questions  & Get Points Log In
Texas Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Texas on
Q: I'm applying for the k-1 and my fiance has a child who is under the age of 18. When should I apply for them to travel

I'm applying for the k-1 and my fiance has a child who is under the age of 18. When should I apply for them to travel here, do I need to apply for them or are they included since the child is under 18

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2024

When you apply for a K-1 visa for your fiancé(e), it's important to consider their child in the process. The child of your fiancé(e) may be eligible to travel to the United States with them under a K-2 visa. This visa is specifically designed for the unmarried children, under the age of 21,... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Dear experts, My EB2 PERM was submitted in November, 2023 and I'm on H1B, 2nd year.

Given the huge backlog on PERM and as my employer does not do premium processing for I140, I've started to explore my chances for NIW and I may have a good chance based on my profile. My NIW, ROW priority date would be April, 2024 earliest whereas my EB2 PERM, ROW priority date would be... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2024

1. A potential denial of your National Interest Waiver (NIW) should not affect your Employment-Based Second Preference (EB2) application, as they are considered separate processes under U.S. immigration law. However, ensure that any information provided in the NIW application is consistent with... View More

1 Answer | Asked in Immigration Law for Texas on
Q: My wife to US on B2 visa , then she got h4 and recently got h1b. SHe is planning to go to India to get here Visa stamped

and h1b stamped for the first is there a risk of 221g refusal

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2024

When your wife travels to India to get her H-1B visa stamped for the first time, there is always a possibility of receiving a 221(g) refusal, also known as an "administrative processing." This refusal is not a denial but rather a request for additional information or documentation to... View More

1 Answer | Asked in Immigration Law and Criminal Law for Texas on
Q: should I show up at court on my boyfriends behalf?

he is currently incarcerated in houston

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2024

Showing up at court on behalf of someone who is incarcerated can demonstrate support and concern for their situation. While you cannot represent him legally unless you are a licensed attorney, your presence might offer emotional support and show the court that he has a network of people who care... View More

1 Answer | Asked in Education Law and Immigration Law for Texas on
Q: Can my friend now return on a US tourist visa after their student visa was cancelled due to a fight at school in 2016?

My friend’s US student visa was cancelled back in 2016 because they were arrested for a fight at their school, and they were forced to return home. Can he now return to the US on a tourist visa for a 5 day family trip?

What steps would he have to take in order to be permitted into the country?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2024

If your friend's student visa was cancelled due to an arrest, reapplying for a U.S. visa, such as a tourist visa, involves disclosing this past event during the application process. The U.S. Department of State requires all visa applicants to answer questions about their criminal record, and... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Can I enter USA if I left US without a travel document(bio metrics completed). I was out of USA for over 2 years.

I have a green card.

I applied for a REENTRY Permit before leaving.

March 2022: Travel document notice received.

April 2022: Biometrics completed.

May 2022: left USA due to medical reasons.

(I am still out of US)

January 2024: Received Travel... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 29, 2024

Based on the details provided, you should be okay to reenter the United States with your valid reentry permit. Some key points:

- You properly filed for a reentry permit before leaving the U.S. and completed the biometrics appointment. This was important to show your intention to remain a...
View More

1 Answer | Asked in Immigration Law for Texas on
Q: what kind of documents are essential to explain the circumstances to immigration authorities and how to overcome this si

Arrived in the United States on a H4 visa in 2022.

- Transitioned to an H1-B visa in October 2022, although it remains unstamped.

- Labor Condition Application (LCA) for the H1-B indicated a wage of $80,000.

- 2023 W2 reflects only $18,560 due to an unpaid maternity leave... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2024

The discrepancy between your LCA wage and your actual earnings as reflected in your W2 due to unpaid maternity leave and reduced work hours could raise questions regarding your H1-B status compliance. It's crucial to address this proactively with the immigration authorities to avoid potential... View More

1 Answer | Asked in Immigration Law, Health Care Law and Public Benefits for Texas on
Q: Is an F2 visa holder eligible to buy medical insurance via healthcare.gov?

I'm an international student with an F1 visa, living and studying in Texas. My spouse has an F2 visa. My medical insurance through the university does not cover my spouse. Would they be eligible to enroll in health coverage through the HealthCare.gov Marketplace?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

Yes, your spouse holding an F2 visa is eligible to apply for health coverage through the HealthCare.gov Marketplace. As dependents of international students on an F1 visa, F2 visa holders are considered lawfully present in the United States, which is one of the requirements for eligibility to... View More

1 Answer | Asked in Immigration Law, Tax Law and Employment Law for Texas on
Q: I am on H1b, w2 of 2023 W2 reflects only $18,560 due to maternity, what documents are essential to explain the immigrati

- Arrived in the United States on a H4 visa in 2022.

- Transitioned to an H1-B visa in October 2022, although it remains unstamped.

- Labor Condition Application (LCA) for the H1-B indicated a wage of $80,000.

- 2023 W2 reflects only $18,560 due to an unpaid maternity leave... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

The discrepancy between your 2023 W2 earnings and the Labor Condition Application (LCA) wage could potentially raise questions regarding your H1-B status, as H1-B visa regulations require that visa holders are paid at least the wage specified in the LCA. However, your situation involves legitimate... View More

1 Answer | Asked in Immigration Law for Texas on
Q: I have been employed under L1A, and my max out is within next 9 months. Would it be appropriate for me to apply for H1B?

I have been employed under L1A status, and I am nearing the maximum duration allowed within the next 9 months. Given this situation, would it be appropriate for me to apply for an H1B visa?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Given your current employment status under L1A and the fact that you are approaching the maximum duration allowed within the next 9 months, it may indeed be appropriate to consider applying for an H1B visa. The H1B visa is designed for individuals in specialty occupations, and transitioning to this... View More

1 Answer | Asked in Immigration Law for Texas on
Q: - Arrived in the United States on an H4 visa in 2022. - Transitioned to an H1-B visa in October 2022, although

Context:

- Arrived in the United States on an H4 visa in 2022.

- Transitioned to an H1-B visa in October 2022, although it remains unstamped.

- Labor Condition Application (LCA) for the H1-B indicated a wage of $80,000.

- 2023 W2 reflects only $18,560 due to an... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

The discrepancy between your 2023 W2 earnings and the LCA wage of $80,000 may raise questions regarding compliance with H1-B visa requirements. The Department of Labor mandates that H1-B visa holders be paid at least the wage specified in the LCA to prevent exploitation and ensure fair wages. If... View More

2 Answers | Asked in Immigration Law for Texas on
Q: I want to know if some other employer can sponsor for my H1B while I work for my current employer who doesn't want to?

Hi, thanks for helping with my doubts in the first place. I am a F1 student at OPT working for a company as a Software Engineer. I am not sure if my employer will file for my H1B petition this year as I am a new recruit. I would have only two H1B attempts left if he doesn't sponsor me this... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

Yes, another employer can sponsor you for an H1B visa while you continue to work for your current employer. This is a common practice and is known as "H1B transfer" or "H1B sponsorship" by a new employer. The process involves the new employer filing an H1B petition on your... View More

View More Answers

2 Answers | Asked in Immigration Law for Texas on
Q: I'm an American Citizen and had 2 kids in a foreign country. My oldest was approved for a CRBA but my youngest was not.

Is there something I can do to appeal this decision?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2024

Yes, there is a process for appealing the decision if your youngest child's application for a Consular Report of Birth Abroad (CRBA) was not approved. The U.S. Department of State, which handles CRBA applications, allows for the review of decisions that applicants believe were made in error.... View More

View More Answers

2 Answers | Asked in Immigration Law for Texas on
Q: Can I work Uber,lift, doordash as part-time while my I140 and I-485 pending?

As an F1-OPT visa holder, my current employer is sponsoring me through the PERM process under the EB3 category.

I have concurrently applied for the I-140 and I-485, and they are currently pending after just about three months.

I recently received a new EAD card under the C09P... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024

With your new EAD card under the C09P category, resulting from your pending I-485 Adjustment of Status application, you are granted the flexibility to work in the United States without being restricted to your current employer who is sponsoring your green card under the EB3 category. This EAD is... View More

View More Answers

1 Answer | Asked in Immigration Law for Texas on
Q: Which visa should my boyfriend (UK citizen) apply for so that he can temp stay with me (US citizen) before marriage?

Currently he works remote in the UK but is leaving his job, and I work full time in the USA and my job is the higher earner. We have been together for a long time LDR and occasional visits with ETSA, and we are ready to live together and start our futures. My company is international, however I was... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

Given your situation and intentions, the K-1 visa, commonly referred to as the fiancé(e) visa, might indeed be the most appropriate route for your boyfriend to temporarily stay in the U.S. before you get married. The K-1 visa allows the fiancé(e) of a U.S. citizen to enter the United States for a... View More

2 Answers | Asked in Immigration Law for Texas on
Q: B2 visa. extension of stay applied not yet approved in process. should i submit an alien petition i-130 now?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

If you have applied for an extension of your B2 visa and it is currently in process, you should wait for the decision on your extension before submitting an alien petition Form I-130. It's important to maintain lawful status during your stay in the United States, and filing an I-130 petition... View More

View More Answers

1 Answer | Asked in Immigration Law for Texas on
Q: What do I do if I did not receive my NVC Welcome letter?

I got further information regarding my approved uscis case. It was sent to the NVC department and it seems I'm missing next steps. I never received my NVC welcome letter so I do not have my Invoice ID number to enter the portal. What can I do?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

If you haven't received your National Visa Center (NVC) Welcome Letter, the first step is to check if the NVC has received your case from USCIS. You can do this by contacting the NVC directly. The NVC contact information is available on the official website of the U.S. Department of State -... View More

1 Answer | Asked in Immigration Law for Texas on
Q: If I leave USA while my extension request has not been approved (i-539) what are the consequences?

Will it affect my return to the USA if I need to? Will my B2 visa cancelled?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024

If you leave the United States while your I-539 application for extension of your B2 visa status is pending, it's generally considered as abandoning your application. This means that your application for extension will likely be denied. However, this does not automatically cancel your B2 visa.... View More

1 Answer | Asked in Immigration Law for Texas on
Q: An i-539 pending approval, do I need to stay in USA or leave to avoid overstay
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024

When you file an I-539 application to extend or change your nonimmigrant status and it's still pending, your legal status in the United States is typically considered to be maintained until a decision is made on your application. This means that you are generally not accruing unlawful presence... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Hi I am an F-1 student can I open LLC in Texas for my website for the payment gateway, is there any problem.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2024

As an F-1 student, your primary purpose in the United States is to pursue your studies, and your visa comes with specific restrictions regarding employment and business activities. Generally, F-1 visa holders are not allowed to engage in self-employment or operate a business, as this could be... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.