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Washington Immigration Law Questions & Answers
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 Divorce, Family Law, Immigration Law and International Law for Washington on
Q: Under what circumstances would a Costa Rican divorce decree and alimony payment request be denied in Washington State?

Does Washington State have to accept a divorce decree or alimony requests from Costa Rica?

My wife is Costa Rican. I brought her here on a marriage visa (we married in 2019) and she is now a legal permanent resident. Last October she went home to Costa Rica and didn’t come back.... View More

James L. Arrasmith
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answered on Feb 4, 2024

Washington State, like other states, generally recognizes foreign divorce decrees under the principles of comity, provided that the decree does not violate Washington State's public policy and the foreign court had proper jurisdiction over the parties. However, when it comes to enforcing or... 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 Divorce, Family Law and Immigration Law for Washington on
Q: What are the responsibilities of a sponsor of a LPR of USA regarding reporting change of address?

If a legal permanent resident leaves their spouse who sponsored them to come to the United States, and moves back to their country of origin, then the couple files for divorce, does the US sponsor have the obligation to report a change of address to USCIS? The LPR spouse does not want to file a... View More

James L. Arrasmith
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answered on Dec 30, 2023

In the situation you've described, where a legal permanent resident (LPR) leaves the U.S. and moves back to their country of origin, the responsibilities of the U.S. sponsor can be quite specific. It's important to note that as a sponsor, you are generally not required to report the... 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 Divorce, Family Law and Immigration Law for Washington on
Q: If a legal permanent resident of the United States who is married to a US citizen moves out of the country…

and divorces their spouse, stays out of the country for several years, then meets another US citizen and moves back to the United States, can they still sue their previous spouse for maintenance based on the affidavit of support?

James L. Arrasmith
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answered on Dec 10, 2023

If a legal permanent resident (LPR) of the United States, who was married to a U.S. citizen, moves out of the country, divorces, and then returns to the U.S. with another U.S. citizen spouse, the issue of maintenance based on the affidavit of support from the first marriage can be complex.... View More

2 Answers | Asked in Divorce, Family Law, Immigration Law and International Law for Washington on
Q: If a legal permanent resident of the United States who is married to a US citizen moves out of the country permanently…

and divorces their husband, but doesn’t submit a formal abandonment of citizenship, and their spouse notifies USCIS of the divorce and LPR’s new address outside the USA, will USCIS contact them and request they abandon their residency? Or, is there a way to ask them to do so? For example, could... View More

James L. Arrasmith
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answered on Dec 10, 2023

If a legal permanent resident (LPR) of the United States, married to a U.S. citizen, moves out of the country permanently and divorces, the situation with their residency status can become complex. The act of moving out of the U.S. permanently and not maintaining a residence can be interpreted as... View More

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1 Answer | Asked in Divorce, Immigration Law and Family Law for Washington on
Q: I have a couple questions I was wondering if you could help with:

1- If a legal permanent resident of the United States who is married to a US citizen moves out of the country permanently do they need to notify USCIS? And do they need to abandon their residency if they do not plan to return? Also, if they don’t notify USCIS, should their spouse do it, and could... View More

Roland Godfrey Ottley
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answered on Dec 9, 2023

A permanent resident married to a US citizen must notify USCIS when moving out permanently.

If they don't plan to return, formal abandonment through Form I-407 is necessary.

The I-864 affidavit becomes invalid upon permanent departure, regardless of formal abandonment....
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1 Answer | Asked in Divorce, Immigration Law and Family Law for Washington on
Q: If a permanent resident of the United States moves to their country of origin permanently and divorces their US citizen

…spouse, are they entitled to maintenance from the affidavit of support that their spouse signed? I read the affidavit is no longer enforceable if the permanent resident leaves the USA. But what if they don’t formally abandon their residency? Can they still sue their spouse and demand monthly... View More

Roland Godfrey Ottley
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answered on Dec 9, 2023

A permanent resident married to a US citizen must notify USCIS when moving out permanently.

If they don't plan to return, formal abandonment through Form I-407 is necessary.

The I-864 affidavit becomes invalid upon permanent departure, regardless of formal abandonment....
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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?

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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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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1 Answer | Asked in Immigration Law for Washington on
Q: Is it okay to apply to the Canadian Express Entry programme while on pending asylum in the US?

Hello. I'm in the US on a pending asylum case (affirmative asylum and pending for several years now). I found out that I qualify for Canada's express entry programme, which provides me with an equal protection from persecution in my home country. Leagally speaking (from the US side of... View More

James L. Arrasmith
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answered on Sep 3, 2023

Applying for Canada's Express Entry program while having a pending asylum case in the U.S. could have implications for your U.S. asylum claim. The U.S. authorities might question your fear of persecution if you are willing to consider relocating to another country. Consult an attorney familiar... View More

1 Answer | Asked in Immigration Law for Washington on
Q: What happens if an applicant missed U.S. immigrant visa interview, which was not cancelled on time by the applicant?

The applicant did not show up on the first interview because he/she was not medically cleared, and that the clinic requested the applicant to have additional medical tests in multiple dates. Because the applicant failed to show up and the cancellation online and over the phone was too late. So now,... View More

James L. Arrasmith
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answered on Sep 3, 2023

Missing a U.S. immigrant visa interview is generally not advisable, but consulates and embassies often have procedures for rescheduling. The ability to reschedule will depend on the specific embassy's policies, and you will typically need to contact them directly to arrange a new appointment.... View More

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