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Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law on
Q: can you please interpret this section 214[b] of the US immigration and Nationality act for denial of F1 student visa.

I went for interview in prepation for schoolresumption for Msc in Biology at western illinois university,Macomb given with i20 form,sevis payment confirmation and all required document,only to be denied and reason given as ineligible under section 214[b] of the US immigration and Nationality Act.

Monica E Rottermann
Monica E Rottermann
answered on Nov 28, 2022

Denial of a nonimmigrant visa under INA § 214(b) means that the consular officer found that you did not overcome the presumption of being an intending immigrant. Every applicant for a nonimmigrant visa is presumed to be an immigrant unless the applicant establishes to the satisfaction of the... Read more »

1 Answer | Asked in Immigration Law for North Carolina on
Q: If USCIS asks for original documents during my interview and all I have is copies, will that be acceptable?
Monica E Rottermann
Monica E Rottermann
answered on Nov 28, 2022

I think it will depend on which documents and the reason for not having the originals with you at the interview. USCIS typically requests to see original birth and marriage certificates (among other documents) at interviews to compare them with the copies that were submitted and confirm that they... Read more »

1 Answer | Asked in Immigration Law on
Q: I'm a 68 yr old South African. I'd like to begin the process of applying for a green card. My daughter is a US citizen.

I travel on a UK passport and have a B1/B2 visa. I understand that the first step is for her to file an alien relative petition as my sponsor, is that correct? How long does this process generally take?

Agnes Jury
Agnes Jury
answered on Nov 27, 2022

Filing the Petition for Alien Relative is the first step in applying for a green card. However, if you are applying for Adjustment of Status (i.e. process of getting a green card while being INSIDE the United States), there are additional forms you would file. The next steps are different when you... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I have L1B visa which expires in April 2023. Could you please advice if it is possible for me to stay in the USA?

I have been working in the USA (Florida) for 4 years and 3 months. I am a software developer. My company has not started a Green Card process for me yet. I am from Russia. I would not want to return to my country because of the current situation there.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Nov 23, 2022

If you have not already done so, schedule a consultation with a competent and experienced immigration attorney who can review all of your facts in order to provide his or her informed advice. Note that ever since the onset of the COVID-19 pandemic, many attorneys offer online video or telephone... Read more »

1 Answer | Asked in Criminal Law, Family Law, Immigration Law and Civil Rights for Texas on
Q: The Psychiatric Hospital filed abandonment against me because they cannot get a hold of me that’s what they are saying.

My 17 year old son runaway a lot of times and he attempted to poison the whole family. I drop him off in the bus station going to Georgia and he met a Pastor and 2 female in the bus. Since his a professional liar that’s how his been addressed by all the cops in our County he was able to... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Nov 23, 2022

Retain a lawyer, I cant tell from your question if you have a criminal charge or if it is a civil lawsuit,

2 Answers | Asked in Traffic Tickets and Immigration Law for New Jersey on
Q: My friend was given a ticket for driving with fictitious plates. He is undocumented. Should he plea online?

He was also given a ticket for lack of supervision of permit holder.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 22, 2022

He should speak with a lawyer to see what his best options are we are not allowed to give specific legal advise on this website, plus we don't know the facts of his case to do this even if we were allowed to.

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1 Answer | Asked in Immigration Law for Florida on
Q: I have a friend in Nigeria that I would like to come visit me. I know tourist visas are not always approved.

Do I need a lawyer to help facilitate the process?

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

Tourist visas are issued to the visitor based upon his financial condition alone and not the host’s financial condition. He would need to show a letter from his employer, bank statements showing payroll deposits, paystub’s, tax returns, and a property appraisal if he owns property. All of these... Read more »

3 Answers | Asked in Immigration Law for Florida on
Q: How soon after marriage can i apply for my non us citizen spouse to live and work in the country

Please include what petitions will have to be filled to do so.

Agnes Jury
Agnes Jury
answered on Nov 23, 2022

For an attorney to advise you WHEN to file for a green card would require more information about your and your spouse's specific situation. Obviously, the first step an attorney would want to do is to make sure that your spouse even qualifies for a green card. For those reasons it would be... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: How soon after marriage can i apply for my non us citizen spouse to live and work in the country

Please include what petitions will have to be filled to do so.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Nov 23, 2022

Assuming you are either a U.S. legal permanent resident or U.S. Citizen, you can file a Petition for Relative for your spouse immediately upon marriage. Whether it may be approved depends on a number of factors, including whether USCIS believes your marriage is bona fide and/or whether or not your... Read more »

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1 Answer | Asked in Immigration Law and Tax Law for Florida on
Q: I was unemployed for the year 2021. How do I file a late tax return for 2021? How does this correlate with i864?
Kevin L Dixler
Kevin L Dixler
answered on Nov 20, 2022

If you lacked earnings, then the USCIS may take an average of the annual income. However, if the petitioner remains unemployed during 2022, then the Service has been known to require a joint sponsor in some situations.

If this matter is an issue, then you ought to consider hiring an...
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1 Answer | Asked in DUI / DWI and Immigration Law for Washington on
Q: Recently I had court for a dui and they moved forward my court date because im a resident the one representing me

Doesn't know much about immigration so she told me to find someone and see what the consequences are

Kevin L Dixler
Kevin L Dixler
answered on Nov 20, 2022

If you are a green card holder, not just someone with an employment authorization card, then you will likely need to delay filing for naturalization.

You ought to hire a competent and experienced immigration attorney to determine when you should file for naturalization. Also, whether there...
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1 Answer | Asked in Immigration Law for Florida on
Q: Filing out i864. What if my most recent tax return was 2020 bcuz I was unemployed in 2021 what do I do?
Samuil Buschkin
Samuil Buschkin
answered on Nov 20, 2022

Even when you're unemployed you must file a tax return. If you haven't done so, there is a way to file a late one.

3 Answers | Asked in Immigration Law for Illinois on
Q: I have a tourist visa, if I come to work with my name and information but with false insurance, can the government find

I want to work to cover the expenses since my son is a citizen and is studying in the USA, I looked for a way to get a work visa but I couldn't.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 20, 2022

What you are planning is called visa fraud. I will explain:

1. When you applied for a visitor's B-2 visa its content specifically mentioned to state purposes of the trip truthfully. When you submitted the information at the end of that federal visa application there was a proviso for...
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1 Answer | Asked in Immigration Law for Florida on
Q: Doing i864. My last tax return wasn’t suffice. My current anticipated income does. Do I still need a joint sponsor?

My last tax transcript was 2020 and it wasn’t sufficient. My 2019 met the requirements & I didn’t file for 2021 as I was unemployed.

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 20, 2022

If your current anticipated income satisfies the minimum threshold for your household size, then provide 6-12 months of bank statements showing payroll deposits into your account, a letter from your employer indicating what your monthly income is and how long you’ve been employed, as well as... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I’m starting the process of filing a K-1 Visa for my foreign wife and found out she’s 3 mo. pregnant. Should I wait?

I haven’t submitted the i129f form needed to start the process.

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 18, 2022

The sooner that you start the process the better because it’s going to take at least two years before she has permission to travel to the US on a K fiancée visa. Better yet, you should retain counsel to handle the case from start to finish because it has to go through multiple federal agencies... Read more »

1 Answer | Asked in Business Formation and Immigration Law for New York on
Q: Can I start a business, register to E-Verify and work on a side startup while maintaining my full-time job on STEM OPT?

Hi, I'm a current Post Completion OPT employee and am in the process of applying for my STEM OPT extension. My OPT and STEM OPT extension are based on my full-time employment in the US.

My question is: Can I start a business of my own, register to E-Verify and work on a side start-up... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Nov 18, 2022

E-Verify is for Established US Employers. You OPT only allows you work for a US employer. This could be interpreted as working without authorizarion. You should get legal counsel first.

1 Answer | Asked in Immigration Law for New York on
Q: Hello, Can a gay G4 visa holder (non decision) from a LGBT-persecuting country apply for a Green Card.

I am a current LGBT G4 holder working for an International Organization (non-decision-making role) and from a country where LGBTQ people are persecuted. Instead of the asylum route can I apply for a Green card under the Section 13 (Diplomat) route?

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Nov 18, 2022

There is a provision of immigration law that allows certain long-term international organization employees and their eligible family members to apply for special immigrant status and become permanent residents of the U.S. (get a Green Card) as long as their organization remains recognized.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: hi, i gave asylum and i won green card but i don't know where to give the documents given to me i don't know how to get
Ana S. Mendieta
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Ana S. Mendieta
answered on Nov 17, 2022

Dear writer, I strongly suggest you contact an immigration attorney in your locality or go to a legal aid office for further assistance in obtaining your green card based on asylee status.

On the internet I found this information. I do really hope this helps you.

Catholic...
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1 Answer | Asked in Employment Law and Immigration Law for Pennsylvania on
Q: My I-94 class of admission is DT, I came across the border. Am I eligible to file Form I-765?

My I-94 class of admission is DT, I came across the border. Am I eligible to file Form I-765 Application for Employment Authorization? What is my Eligibility category? Should I seek employment authorization under category (c)(11)? How soon can I file Form I-765 since I crossed the border?

Caitlin  Costello
Caitlin Costello
answered on Nov 16, 2022

Generally, someone who is admitted as DT can file a form I-765 under (c)(11) as soon as they are admitted. However, if it is granted, it will only be valid for as long as the status is valid.

1 Answer | Asked in Employment Law and Immigration Law for Missouri on
Q: I can't reach out to the Police depart in China to get my non-criminal record as a foreigner! What should I do?

Been requested to get my non-criminal record from China as I lived there for 2 years ! It's for work visa application! But I've already left China and returned to my home country.

Jingzhan Wang
Jingzhan Wang
answered on Nov 15, 2022

You could trust a local lawyer to represent you, where you need give a letter of POA to authorize him/her to work for you.

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