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Utah Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Utah on
Q: just asking about a green card renewal

I applied on line for I90 renewal card. I got my 2 year extension emailed and also my Biometric letter but it say Biometric reuse that they can reuse my past biometric . is that something new ?

James L. Arrasmith
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answered on Apr 15, 2024

Yes, biometric reuse is a relatively new process implemented by the U.S. Citizenship and Immigration Services (USCIS). In certain cases, the USCIS may be able to reuse the biometric data (fingerprints and photographs) that were previously collected from you for an earlier application.

This...
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1 Answer | Asked in Immigration Law for Utah on
Q: I just need to know if I put Czechoslovakia as my birth country or Czech Republic

I am renewing my permanent resident card and My country of birth was Czechoslovakia but in 1993 changed to Czech Republic. so not sure what to put. My card about to expire says Czech republic . I'm getting mixed answers

James L. Arrasmith
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answered on Apr 8, 2024

Since Czechoslovakia no longer exists as a country, and your previous permanent resident card listed Czech Republic as your country of birth, it would be most appropriate to use "Czech Republic" on your renewal application.

When filling out official U.S. government forms,...
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1 Answer | Asked in Immigration Law for Utah on
Q: After receiving your l-485 application approval does the waiting time gets reduced after you become resident ?

I filed the l-485 application form on May 2020.Now it’s March 2024. It has been almost four years since I am waiting for the approval.

James L. Arrasmith
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answered on Mar 20, 2024

If you receive approval for your I-485 application, this means you have been granted lawful permanent resident status in the United States. Once approved, there is no longer a "waiting time" in the context of the I-485 application itself; the approval marks the end of the process for... View More

1 Answer | Asked in Employment Discrimination and Immigration Law for Utah on
Q: I got a new employer pn H1b but my current employer is not providing me paystubs so how to proceed with new employer?

I got my H1B approved by a consultancy this year and once my h1b approved, I started looking for C2C projects. My employer has not helped me to put into a job at all. I found out a new employer for myself and now they are asking for paystubs for visa transfer. I asked my employer for pay stubs and... View More

James L. Arrasmith
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answered on Nov 9, 2023

If your current employer is not providing pay stubs, which are typically required for an H1B visa transfer, you should first document your requests for these pay stubs. If the employer continues to withhold them, you may consider filing a complaint with the state labor department or the U.S.... View More

2 Answers | Asked in Immigration Law for Utah on
Q: Can I withdraw from being somebody's U4U sponsor when they have already been approved and the person got Work authorizat

It is a family member, who despite our best efforts became very verbally abusive to my elderly parents, demanding things like for us to pay for her trips, and driving school. We already providing her with a lot more than basic sponsorship requires, because she is a family. Now, if she does not get... View More

James L. Arrasmith
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answered on Sep 7, 2023

I'm really sorry to hear that you're experiencing this. It is important to note that once the U-visa is approved and the beneficiary receives work authorization, withdrawing sponsorship might not have an immediate effect on the individual's current immigration status. However, you... View More

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1 Answer | Asked in Immigration Law and Civil Rights for Utah on
Q: If a citizen married an immigrant does that immigrant become a citizen

My friend is having trouble getting medicine for epilepsy because they say he's not a citizen but he's married and has filed w-2s before

Monica E Rottermann
Monica E Rottermann
answered on Nov 29, 2022

No, marriage to a U.S. citizen does not confer citizenship on the spouse. Your friend’s wife would have to immigrate him for him to obtain lawful permanent residency in the United States. Your friend should consult with an immigration attorney to find out if he is eligible to immigrate through... View More

1 Answer | Asked in Immigration Law for Utah on
Q: I am a US citizen and I get married to an immigrant will they become a legal citizen
Agnes Jury
Agnes Jury
answered on Nov 4, 2022

The mere fact of being married to a US citizen does NOT confer legal status to an immigrant. However, if the immigrant qualifies for adjustment of status they could acquire legal status by becoming a permanent resident and eventually a US citizen. Best to do a consultation with an experienced... View More

1 Answer | Asked in Immigration Law for Utah on
Q: I just need to know if I put Czechoslovakia as my birth country or Czech Republic

I am renewing my green card not sure to put Czechoslovakia or Czech republic . My current card about to expire says Czech Republic when I renewed 10 years ago

James L. Arrasmith
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answered on Apr 8, 2024

Since Czechoslovakia no longer exists as a country, and your previous permanent resident card listed Czech Republic as your country of birth, it would be most appropriate to use "Czech Republic" on your renewal application.

When filling out official U.S. government forms,...
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1 Answer | Asked in Immigration Law for Utah on
Q: Hello, I wanted to file for my TPS online but the only proof I have of El Salvador citizenship is a birth certificate

I recently got but it doesn’t show my last name, but everything is correct. Should that be an issue?

Ghenadie Rusu
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answered on Aug 20, 2023

As long as you submit a birth certificate accompanied by a photo id, you should be able to prove your citizenship.

2 Answers | Asked in Immigration Law and Domestic Violence for Utah on
Q: Can I file for vawa on my own or will I need a lawyer

My husband is a permanent resident and I'm out of status. He is very verbally abusive. We were married for 3 weeks and I left after being suicidal and over dosing on sleeping pills. He always uses my immigration status to "get me in line". Threatens to divorce me and tells me that he... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 22, 2022

Yes you should retain counsel to process your VAWA case. Unrepresented parties are not taken very seriously by USCIS.

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2 Answers | Asked in Divorce, Family Law, Immigration Law and Adoption for Utah on
Q: Is there a US citizen requirement for adopting a stepchild?

I am a non-US citizen. My partner is an American biological father. His daughter is 6. Can I adopt his daughter after marrying him?

Jason F. Barnes
Jason F. Barnes
answered on Sep 21, 2021

Great question. We have some answers. Give us a call 801-546-3874 and ask to speak with Attorney Jason Barnes.

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1 Answer | Asked in Immigration Law for Utah on
Q: Do we need to resubmit form I-130?

I have submitted an I-130 for my wife (I am a US citizen) in November 2020.

In the form, we entered values in both the "which consulate will you be applying for adjustment of status" for a domestic consulate as well as international consulate since we weren't sure where we... View More

Agnes Jury
Agnes Jury
answered on Jun 8, 2021

If your I-130 was received by USCIS then you do not need to submit another one. You will enter the receipt # of the I-130 on page 4, part 2, question 3; and the date your I-130 was received in question 4. Even though it appears that you plan to file for Adjustment of Status on your own, I would... View More

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Immigration Law for Utah on
Q: Can an asylum applicant (who has SSN and Employment Authorization because of it) legally buy a gun?

That person it’s not an ilegal or unlawful alien, and it perfectly fits for all the requirements of the BCI and the Federal laws.

Vince F. Sykes
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answered on Apr 10, 2021

You need to get a permit; whether you can legally purchase or not. Work permit and SS number don’t confer you status. In fact you have no status, but perhaps refugee seeking to remain in the US. And any weapons offense could negatively impact your asylum application.

1 Answer | Asked in Criminal Law and Immigration Law for Utah on
Q: Can you be held in county jail on federal hold with no charges?

My sister is being held at Salt Lake County Jail and has two holds one is a US Marshals federal hold and the other an immigration hold. She has only had one court date even thought she has been incarcerated since August. She has had a lawyer come see her twice in 6 months whom claims is a private... View More

Brent J Huff
Brent J Huff
answered on Jan 22, 2021

It sounds like your sister may be dealing with a federal case. Federal cases tend to move slowly; it would not be unusual for a person to have initially appeared before the court in August and to not have had another hearing. By calling an attorney with access to the federal and state systems, you... View More

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Utah on
Q: I am US Citizen, I have a spouse and I want to marry some one in India. Can I apply for my 2nd wife I-130?

I need to have 2nd wife. I there is any law in Utah to have two wives?

Hector E. Quiroga
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Hector E. Quiroga
answered on Nov 11, 2020

Immigration is a federal statute, and bigamy is illegal in the US.

1 Answer | Asked in Immigration Law for Utah on
Q: What type of requirements do I need to have in order to petition my parents that are already in the Us at the age of 21?

My family are in California, but I am in Utah

Adan Vega
Adan Vega
answered on Apr 19, 2020

You must be a U.S. citizen if you wish to file the relative petition (FORM I-130) on behalf of each of your parents. The FORM I-130 must be accompanied with supporting evidence that includes at minimum your birth certificate and/or U.S. passport and marriage certificate of your parents.

If...
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3 Answers | Asked in Immigration Law for Utah on
Q: Hello, I am interested in marrying someone from Russia. I am a U.S. citizen. What is the fastest way to get her here?

I have looked at the fiance visa, and that is at least 6-9 months to get approved. Would it be faster to do that? Or to go to Russia and get married and find another way for her to come back with me?

Amanda B Cook
Amanda B Cook
answered on Feb 26, 2020

K-1 Visas are generally more expedient than consular processing for a spouse. But you really should set up a consultation with a qualified immigration attorney, who can screen both of you for other issues that may be dispositive of whether you should do a K-1 or IR1.

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2 Answers | Asked in Criminal Law and Immigration Law for Utah on
Q: I want to move to Utah from England But my brother commited theift and another reslly light crime.Will be able to move
Aric M. Cramer
Aric M. Cramer
answered on Feb 9, 2020

You need to discuss this with an Immigration attorney or someone licensed in England.

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1 Answer | Asked in Immigration Law for Utah on
Q: Can I apply for a green card while in opt?

All my family is in USA. My sister is citizen and my mother got her green card recently. I would like to stay in USA, since all my family is here. I’m an F1 student and I’m applying for my opt in about 3 months.

Kevin L Dixler
Kevin L Dixler
answered on Jan 25, 2020

If you are over 21 years old, you may need another dual intent visa to allow you to maintain status. There are also other challenges, when you are in the U.S. on a non-immigrant F1 visa or try to return. You may have other options.

As a result, I strongly recommend an appointment or...
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1 Answer | Asked in Immigration Law for Utah on
Q: If I rescind green card application for my mother, does it affect her chance of getting tourist visa in the future.

I am petitioning for my mother's permanent residency but we are having second thoughts because of the cost in insure her. We still want her to come visit the U.S. in the future, but we heard rumors she may be put on a "blacklist" for tourist visas if we rescind her application.

Kelli Y. Allen
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Kelli Y. Allen
answered on Feb 28, 2019

There's no technical bar, but the visas are direct opposites. It may be difficult for your mom to convince the consular office that she would only be coming for a short visit and then returning to her country.

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