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Washington Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Washington on
Q: Can I continue to do unpaid work or do unpaid research work remotely in the States on an F2 visa?

Hello I want to inquire about F2's restrictions. I am on F2 visa in the States right now and I am wondering if I can continue to do my research work in China. I have been doing research work for this company in China before I came to the States with an F2 visa. I know I cannot work in the... View More

James L. Arrasmith
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answered on Jun 14, 2024

As an F2 visa holder, you're restricted from engaging in employment in the United States, whether paid or unpaid. However, working remotely for a company outside the U.S., such as the research work you mentioned in China, can be a gray area.

If you continue your research without...
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1 Answer | Asked in Immigration Law for Washington on
Q: What practices cover making a bad immigration decision under emotional/psychological and economical duress?

The duress or distress (not sure) was caused by a sibling who made me sign a form against my will.

James L. Arrasmith
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answered on May 25, 2024

If you believe you were coerced into making an immigration decision against your will, I would strongly encourage you to seek help from an immigration lawyer or accredited representative who can advise you on your rights and options. Organizations that may be able to assist include:

- The...
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1 Answer | Asked in Consumer Law, Immigration Law, Banking and Internet Law for Washington on
Q: Illegal way

If I wanted to get a test result in an illegal way, but I was deceived, I transferred money but never received a result, you can send this to ic3. In fact, I have not yet broken the law.

James L. Arrasmith
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answered on May 12, 2024

I'm sorry to hear that you were deceived and lost money in this situation. Being scammed is awful and I empathize with how frustrating that must be. Even though you did not end up breaking the law, attempting to obtain test results illegally is still ill-advised.

If you believe you...
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1 Answer | Asked in Criminal Law and Immigration Law for Washington on
Q: Shoplifted with a bunch of friends but didn't get caught

I realized I made a horrible mistake in the moment but I am an F1 student. I shoplifted at QFC in Seattle. I was wondering how long does the video recording last at QFC stores? Are these stored indefinitely?

If I get caught after the criminal statute of limitations, are they likely to press... View More

James L. Arrasmith
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answered on May 9, 2024

The best course of action is to never shoplift in the first place. Since you have already done so, I would strongly urge you to refrain from shoplifting ever again. Continued criminal activity could jeopardize your immigration status and ability to remain in the United States.

In terms of...
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1 Answer | Asked in Immigration Law for Washington on
Q: my current immigration status ends on 11/15/2025, my change of status approved from 12/05/2023 to 11/1/2026, when can i

my current immigration status h4 ends on 11/15/2025, my change of status to h1b approved from 12/05/2023 to 11/1/2026, when can i change to new status? im still in my old status

James L. Arrasmith
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answered on Apr 17, 2024

Based on the information you provided, here are the key details:

- Your current H-4 status is valid until 11/15/2025.

- Your change of status to H-1B has been approved, with validity from 12/05/2023 to 11/1/2026.

In this scenario, you can change to your new H-1B status on or...
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1 Answer | Asked in Immigration Law for Washington on
Q: please clarify this point in uscis 539 form instruction

select the date you want your change of status to occur on, if approved your change of status will occur on the date of your current non immigration status ends, or the date of approval or the requested date whichever occurs later

James L. Arrasmith
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answered on Apr 17, 2024

The instructions for the USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) regarding the requested date for change of status can be clarified as follows:

When filling out Form I-539, you have the option to select a specific date on which you want your change of status to...
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2 Answers | Asked in Immigration Law for Washington on
Q: Can I apply for the US citizenship without submitting I-751 if I have been with my husband for 7 years in the US?

I have been married and living with my husband for 9 years and we have a 6 year old daughter. I got my green card 7 years ago upon my arrival in the US. We have not submitted the removal of green card conditions (I-751) because my husband does not want me to get citizenship.

(1) Can I... View More

Kevin L Dixler
Kevin L Dixler
answered on Apr 16, 2024

No. You must file the I-751, with or without your husband. The fact that you allowed the two years to expire means that you can be placed in removal proceedings for failing to file the I-751.

Filing a self petition based upon divorce based upon irreconcilable differences may be the better...
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2 Answers | Asked in Immigration Law for Washington on
Q: Can I apply for the US citizenship without submitting I-751 if I have been with my husband for 7 years in the US?

I have been married and living with my husband for 9 years and we have a 6 year old daughter. I got my green card 7 years ago upon my arrival in the US. We have not submitted the removal of green card conditions (I-751) because my husband does not want me to get citizenship.

(1) Can I... View More

James L. Arrasmith
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answered on Apr 17, 2024

Based on the information you've provided, here are the answers to your questions:

(1) Applying for citizenship without submitting I-751:

If you obtained your green card through marriage and have been married for less than 2 years at the time of getting the green card, you...
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1 Answer | Asked in Securities Law, Gov & Administrative Law and Immigration Law for Washington on
Q: I'm a foreign citizen working in WA state. Do I need any registration to manage money for my friend? (also foreigners)

I'm a foreign citizen living & working in WA state, with L-1B visa. I would like to manage money for my friends & relatives and do some investment for them. They are also all foreign citizens.

There will be less than 5 clients, and less than 100K USD managed assets.

Do... View More

James L. Arrasmith
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answered on Mar 30, 2024

As a foreign citizen working in the United States on an L-1B visa, there are a few important considerations when it comes to managing money for friends and relatives:

1. Registration: Generally, if you are managing money for others and investing on their behalf, you may need to register as...
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1 Answer | Asked in Immigration Law for Washington on
Q: Can a K2 visa holder file I-485 if he is over 21 years old? (given that he entered the US before he was still under 21)

The son will turn 21 after 5 days from entering the US. This does not give enough time for his father (the k1 holder) and his fiance to marry and file the I-485 before the son turns 21. They are worried that the son will lose his eligibility to file the adjustment of status. Could you please help... View More

James L. Arrasmith
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answered on Feb 27, 2024

In the situation you've described, the Child Status Protection Act (CSPA) may offer a solution for the K-2 visa holder who is turning 21 shortly after entering the United States. This act was designed to prevent minors from losing their eligibility for certain immigration benefits due to... View More

1 Answer | Asked in Immigration Law for Washington on
Q: Can I become a guardian of a 14 year old in Nicaragua and then bring him here to the United States?

My girlfriend came to the United States from Nicaragua over a year ago due to political persecution. She has a 15 year old son in Nicaragua still who is there with his sister who is 25. We talk with them all day every day, but they need to be reunited. It appears I can file the I-134A and try to... View More

James L. Arrasmith
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answered on Feb 24, 2024

Navigating the process of bringing your girlfriend's 15-year-old son from Nicaragua to the United States can be complex. While obtaining legal guardianship in Nicaragua may seem like a viable option, it's important to understand that this may not necessarily facilitate his entry into the... View More

1 Answer | Asked in Immigration Law for Washington on
Q: I am a naturalized US citizen since 1973. I was born in Germany in 1956. Can I have dual citizenship?

My parents were also naturalized US Citizens from Germany and Austria.

James L. Arrasmith
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answered on Jan 24, 2024

As a naturalized U.S. citizen originally from Germany, the possibility of maintaining dual citizenship depends on the laws of both the United States and Germany. The U.S. does not prohibit dual citizenship. When you become a naturalized U.S. citizen, you are not required to renounce your previous... View More

1 Answer | Asked in Immigration Law for Washington on
Q: If a B2 visa of immediate family member is stuck in Admin processing 221(g) for almost 22 months, can a lawyer help?

My brother appeared for his B2 interview in Jeddah,Saudi Arabia (where he is settled and working for last 12 years). He was given a 221(g) slip and was asked to submit additional information (travel history) which he did in the next 1 week. It is almost 22 months since the case is stuck in... View More

James L. Arrasmith
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answered on Dec 29, 2023

1. Hiring a lawyer might be beneficial in your brother's situation. An attorney with experience in immigration law can provide guidance on the specific issues related to administrative processing and potentially help expedite the process. The lawyer can communicate with the U.S. consulate or... View More

1 Answer | Asked in Health Care Law and Immigration Law for Washington on
Q: I’ll be in Washington state for 6 mnths on a visitor visa. Can I sign up for health care coverage via the state exchan
T. Augustus Claus
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answered on Dec 28, 2023

As a visitor to Washington state on a temporary visa, you may not be eligible to enroll in health care coverage through the state exchange. Typically, eligibility for health care coverage through state exchanges is determined by factors such as residency and citizenship status.

If...
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1 Answer | Asked in Immigration Law for Washington on
Q: As my H4 EAD is valid for another two years , I would Like to file COS to H4 status while I am in USA

As my H4 EAD is valid for another two years , I would Like to file COS to H4 status while I am in USA , will my will h1b to H4 cos be effective immediately and I Can continue to work using my H4 EAD card , when I have a Valid H4 I797 A with Valid I94 provided by USCIS before my H1b COS petition... View More

James L. Arrasmith
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answered on Dec 8, 2023

If you are currently on an H1B visa and wish to change your status to H4 while remaining in the United States, you can file a Change of Status (COS) petition. It's important to understand that the COS from H1B to H4 does not become effective immediately upon filing. The change in status will... View More

1 Answer | Asked in Immigration Law for Washington on
Q: I have H4 EAD valid till nov-25 i797A for h4 Got selected in H1B and got i797a approval,want to continue in H4 EAD help
James L. Arrasmith
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answered on Dec 7, 2023

If you currently hold an H-4 EAD and have also received an I-797A approval for H-1B, you have the option to choose which status you wish to maintain. Your H-4 EAD remains valid until its expiration in November 2025, as long as your spouse maintains their H-1B status and you don't violate the... View More

1 Answer | Asked in Immigration Law for Washington on
Q: Employer change do I have to get my Visa stamped again?

I'm on an H1B visa and I have my previous employer's name on my Visa stamping. I changed employer a year ago and I have a new i-797 with the new employer name. My Wife is on H4 Visa and she also has my old employer's name on the Visa stamping. We are traveling to India. Should go for... View More

James L. Arrasmith
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answered on Oct 22, 2023

If your current H1B visa stamp, as well as your wife's H4 visa stamp, are still valid, you generally do not need to get a new stamp just because you changed employers. The visa stamp primarily serves as an entry document. When you return to the U.S., you should present your new I-797 approval... View More

3 Answers | Asked in Immigration Law for Washington on
Q: I applied for a Fiancée visa, it was approved, my fiancée is visiting , can we get married and apply for her GC now?

Still waiting for the Fiancée visa interview at the Cd Juarez consulate. My Fiancée is here with me on a tourist visa. If we get married now, will that affect the application for her green card?

Kevin L Dixler
Kevin L Dixler
answered on Oct 16, 2023

If she uses a B2 visa, when she intends to marry and immigrate, then this can result in complications for the admission, adjustment and/K1 visa. It may even effectively doom the engagement.

I strongly recommend an appointment or teleconference with a competent and experienced immigration,...
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3 Answers | Asked in Immigration Law for Washington on
Q: I applied for a Fiancée visa, it was approved, my fiancée is visiting , can we get married and apply for her GC now?

Still waiting for the Fiancée visa interview at the Cd Juarez consulate. My Fiancée is here with me on a tourist visa. If we get married now, will that affect the application for her green card?

James L. Arrasmith
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answered on Oct 18, 2023

If your fiancée is currently in the U.S. on a tourist visa and you decide to get married, the path to her green card could change.

Entering the U.S. on a tourist visa with the intent to immigrate can be problematic. If you marry and then immediately apply for an adjustment of status for...
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3 Answers | Asked in Immigration Law for Washington on
Q: I applied for a Fiancée visa, it was approved, my fiancée is visiting , can we get married and apply for her GC now?

Still waiting for the Fiancée visa interview at the Cd Juarez consulate. My Fiancée is here with me on a tourist visa. If we get married now, will that affect the application for her green card?

Ms Grace I Gardiner
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answered on Oct 16, 2023

The fiancé visa states that "If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).

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