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Wisconsin Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law, Divorce and Domestic Violence for Wisconsin on
Q: Can 5 years being wife apply for wava green card & culturally continue to live with husband ?

Husband use 10 types of violence against his wife except the physical violence. She has text and audio evidences, but she is religiously forgiving him and culturally saving his reputation.

James L. Arrasmith
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answered on Apr 10, 2024

I understand this is a very difficult and sensitive situation. Here is some information that may be helpful:

Under the Violence Against Women Act (VAWA), an abused spouse of a U.S. citizen or permanent resident can self-petition for a green card without the abuser's knowledge or...
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1 Answer | Asked in Employment Law, Family Law, Immigration Law and Child Support for Wisconsin on
Q: I came to the USA on F-1 visa, but now all my family has been resettled to the US. Can I file for a family visa?

I was born in the Democratic Republic of Congo (DRC), but my family moved to Uganda for refugee as a result of the 1997 civil war in the Eastern part of DRC. As such I grew up and attended most of my school in Uganda. In 2017 I got an opportunity to come to the USA for my undergraduate, but over... View More

James L. Arrasmith
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answered on Feb 21, 2024

As someone who entered the USA on an F-1 visa, you may be eligible to explore options for family-based immigration. Since your family has been resettled in the US through the refugee resettlement process, you may have the opportunity to apply for a family visa to reunite with them. Family-based... View More

1 Answer | Asked in Employment Law, Immigration Law and International Law for Wisconsin on
Q: Work Visa for International students

I came to the United States (Midwest) in 2017 for my undergraduate studies and graduated with a BS in Civil engineering. I am currently employed as an engineer, with my STEM OPT extension expiring in June 2025. Despite my employer's unsuccessful H1B lottery application last year, they remain... View More

James L. Arrasmith
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answered on Feb 21, 2024

Given your circumstances, it may be beneficial to explore both the EB-3 visa and family-based visa options to determine the best path forward. The EB-3 visa could be a viable option if you meet the eligibility requirements, including having a job offer from a U.S. employer willing to sponsor you... View More

2 Answers | Asked in Immigration Law, Employment Law, Education Law and Employment Discrimination for Wisconsin on
Q: Working while waiting on EB-3 Visa

I am currently on STEM-OPT Visa and my company is working on helping be obtain an EB-3 Visa. There seems to be a couple steps;

1. Submitting and obtaining PERM Certificate.

2. Filing the form I-140 petition

3. Wait for Your Priority Date

4. Adjusting status.... View More

James L. Arrasmith
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answered on Feb 22, 2024

The processing times for each stage of the EB-3 visa process can vary significantly based on several factors, including the volume of applications being processed and the specifics of your case. Generally, obtaining a PERM Certificate can take about 6 to 10 months, but this timeframe can fluctuate.... View More

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2 Answers | Asked in Immigration Law for Wisconsin on
Q: My mother's I-130 is pending. Can she stay beyond 6-months stay duration on her visit visa?

I filed I-130 for my mother (while she is in USA on visit visa)? She is 70 years old.

Her I-130 is still pending, however, her 6-months visit visa stay duration is expiring in few days.

I am preparing the I-485 (concurrent filing) but have not yet submitted as her birth certificate... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 8, 2024

A US citizen child over the age of 21 can sponsor his mother as long as mom entered the United States with permission. Your mom would still qualify to get her green card even if she is an overstay visitor. You need to file the correct forms and documents for her to adjust status. Work with an... View More

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2 Answers | Asked in Immigration Law for Wisconsin on
Q: My mother's I-130 is pending. Can she stay beyond 6-months stay duration on her visit visa?

I filed I-130 for my mother (while she is in USA on visit visa)? She is 70 years old.

Her I-130 is still pending, however, her 6-months visit visa stay duration is expiring in few days.

I am preparing the I-485 (concurrent filing) but have not yet submitted as her birth certificate... View More

James L. Arrasmith
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answered on Feb 5, 2024

As an attorney in the United States, you can advise your mother to stay in the U.S. while her I-130 petition is pending, even if her 6-month visit visa duration is expiring. When an I-130 petition is pending, your mother is allowed to remain in the country legally under what's known as... View More

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4 Answers | Asked in Family Law and Immigration Law for Wisconsin on
Q: What are my options right now?

At around 8 months old, I was brought to the US as a baby. I am now 22 years old and currently expecting my 1st child with my fiance. I have graduated from school and have proof of my time living in the US and I've never broken any laws. I continue to see info about how to start the process of... View More

Cesar Mejia Duenas
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answered on Jan 24, 2024

If you ever applied for and obtained DACA, then you might be able to request a travel authorization so you can depart the country and safely return with a legal entry. If you never obtained DACA or any other status, and you entered without inspection (no visa), then your husband will need to file a... View More

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4 Answers | Asked in Family Law and Immigration Law for Wisconsin on
Q: What are my options right now?

At around 8 months old, I was brought to the US as a baby. I am now 22 years old and currently expecting my 1st child with my fiance. I have graduated from school and have proof of my time living in the US and I've never broken any laws. I continue to see info about how to start the process of... View More

James L. Arrasmith
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answered on Jan 24, 2024

Given your situation, there are a few potential pathways to explore, but each has its own complexities and requirements. Since you were brought to the U.S. as a baby and have lived here continuously, one option to consider is the Deferred Action for Childhood Arrivals (DACA) program, if you meet... View More

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1 Answer | Asked in Immigration Law, Business Formation, Business Law and International Law for Wisconsin on
Q: Hi, I am an international student studying in USA. I want to use my mom's name to register an LLC. Is that fine?

My mom is from another country. Can I operate my business like this without breaking any guidelines of my F1-visa, the business will be registered in my Mom's name. Will that be okay? What's your advise on this?

James L. Arrasmith
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answered on Dec 12, 2023

Using your mom's name to register an LLC in the USA is technically possible, but there are some important considerations to keep in mind:

Legal Implications: Registering an LLC in someone else's name, even if it's your mom, may not be against the law in itself. However,...
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1 Answer | Asked in Immigration Law for Wisconsin on
Q: My I-94 class of admission is DT. May I get married to the US citizen and get my status adjusted?
James L. Arrasmith
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answered on Feb 26, 2023

The DT class of admission on your I-94 indicates that you were allowed to enter the US under the Visa Waiver Program (VWP) for a temporary period of up to 90 days for business or pleasure.

If you entered the US under the VWP and got married to a US citizen during your stay, you may not be...
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1 Answer | Asked in Immigration Law for Wisconsin on
Q: How can I make sure my Nicaraguan companion and I can travel to Nicaragua together and return together at the same time?

I am a US citizen. He is a Nicaraguan citizen, here in the US. We want to make sure we can travel together there and back at the same time.

Monica E Rottermann
Monica E Rottermann
answered on Feb 3, 2023

You did not mention your friend’s U.S. immigration status. Your friend’s ability to come back to the United States will depend on their immigration status; they need to have a valid travel document that allows them to return to the United States. For example, if they have a valid... View More

1 Answer | Asked in Immigration Law for Wisconsin on
Q: Is there a way to help my friend get home without huge legal trouble?

I have a friend who is from Romania. She's been here since 2019 originally with work and travel temporary Visa's. Her boyfriend convinced her to stay and they got married. I know they started filling out forms for green card and he's sponsoring her, but the relationship has turned... View More

Monica E Rottermann
Monica E Rottermann
answered on Jan 17, 2023

If your friend married her boyfriend and is interested in attempting to regularize her status and remain in the United States, she should speak with an immigration attorney to discuss her potential eligibility for VAWA, which you can read more about here:... View More

1 Answer | Asked in Immigration Law for Wisconsin on
Q: Steps I need to take to travel with a Nicaraguan citizen that is here in the US, to Nicaragua.

We want to travel together there and back home without incident

Kevin L Dixler
Kevin L Dixler
answered on Jan 4, 2023

More information is needed. If the person is without status in the U.S. or overstayed a visa for more than a year, then they can trigger a 10 year bar to lawful admission in any status. That means that they may not be able to lawfully return to the U.S., among other indefinite complications to... View More

1 Answer | Asked in Divorce and Immigration Law for Wisconsin on
Q: If I accept my husband divorce request, will I win my 50% marital assets in Wisconsin ?

We are married almost 5 years. Due to covid, my immigration paper had to be renew. I did work few month and provide money to support my husband. I think i am still an immigrant. I still don't have a green card. Due to different religion, due to family religious arguments and lack of marital... View More

James L. Arrasmith
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answered on Apr 10, 2024

In Wisconsin, marital property is generally divided equally (50/50) between spouses in a divorce. However, there are several factors that can influence the division of assets:

1. Property acquired before marriage: Assets owned by either spouse before the marriage, such as your...
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2 Answers | Asked in Immigration Law for Wisconsin on
Q: Can i subpoena my ex wife to testify on Immigration Court?

Upon a denial for removal of conditions after a divorce, once I am put on removal proceedings can i subpoena my ex wife to testify on Immigration Court ?

Kevin L Dixler
Kevin L Dixler
answered on Feb 15, 2022

It can be difficult to perfect a subpoena. That is, your ex-wife may refuse to honor it. If not, then you will have to go to Federal Court with the support of the immigration court to issue an order demanding her appearance with the threat of arrest. The Court may not support the request. It is... View More

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2 Answers | Asked in Immigration Law for Wisconsin on
Q: Was my removal of conditions done on time?

My conditional green card expired on January 20, 2022. USCIS sent me a I-797 notice of action and the received date by USCIS was also January 20, 2022. Was my removal of conditions done on time or will be considered late filling?

Samuil Buschkin
Samuil Buschkin
answered on Jan 28, 2022

As long as you filed the i-751 within ninety days of the conditional green-card expiration date and because you have the 797 receipt, you should be fine.

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3 Answers | Asked in Immigration Law for Wisconsin on
Q: Which is easier: spousal immigration visa if the sponsor is in the US or if the sponsor shows intent to move to the US?

I'm an American citizen, married to a Chinese National. Both of us living in China. We'd like to minimize the amount of time we spend apart in our attempts to get my wife an immigration visa. Can a decent case be made to show intent of going to the US, so that we both can go at the same... View More

Samuil Buschkin
Samuil Buschkin
answered on Dec 23, 2021

Sponsor in USCIS terminology is a third party financial sponsor, typically. You, USC (citizen of US), would be the spouse-petitioner, she the beneficiary.

It's definitely easier and better to apply from within the US unless you both can't make it there and can instead wait for...
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3 Answers | Asked in Education Law and Immigration Law for Wisconsin on
Q: Hey I’m Moh, I was a student. I left the school for financial problems during Covid hit. My sevis has been canceled.

I have a girl friend and looking forward to get married soon, what’s the procedure? I haven’t take any steps further yet

Tia L. Smith
Tia L. Smith
answered on Nov 9, 2021

Assuming you qualify, once you are married, you would need to file for an adjustment of status, which is a multi-step process. Please contact immigration counsel to discuss specific requirements and costs associated with filing. Best of luck!

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3 Answers | Asked in Immigration Law for Wisconsin on
Q: Can I travel internationaly during the last 90 days of my cond residency without having filed for removal of conditions?

My conditional greencard expires in January 20, 2022. I have a scheduled international trip on November, 5 2021 (less than 90 days before expiration of Conditional green card). I wont be able to file for removal of conditions before that. I am planning to file when I came back by the end of... View More

Adan Vega
Adan Vega
answered on Oct 8, 2021

The USCIS receipt notice of the FORM I-751allows you to travel abroad beyond the expiration of the conditional resident card. Without the I-751 receipt notice , you must complete your international travels prior to January 20, 2022. Depending on the international location of your destination,... View More

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1 Answer | Asked in Immigration Law for Wisconsin on
Q: How necessary is submitting school, religious, DNA, and census records in the last section of the I-130 (filing online)?

Also, is this for me, the petitioner, or is this for the beneficiary? The instructions on the online form aren't very clear. I keep getting error messages saying, "You should provide evidence. If you do not provide evidence, your petition processing may be delayed."

My wife... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 23, 2021

We tend to recommend filing paper submissions only retaining a copy in the file for housekeeping and accountability reasons. But even generally we do not include only required submissions that do not confuse the processing officer.

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