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Immigration Law Questions & Answers
2 Answers | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Does my 18-year old child need to file form i-360, in order to submit her adjustment of status package (1-485 & i-765)?

I am at the verge of filing a VAWA petition, based on repeated abuse suffered from my USC spouse. I intend to include my child (18-year old, single and lives in the U.S) as a derivative applicant on my i-360 petition, to enable him file both form i-485 and i-765 concurrently. Since I will be filing... View More

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answered on Apr 6, 2024

The USCIS allow for the children of a principal applicant filing under VAWA to be included as derivative beneficiaries if they are unmarried and under 21 years of age. Therefore, your 18-year-old child can be included on your I-360 petition as a derivative beneficiary. No additional I-360 on his... View More

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2 Answers | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Does my 18-year old child need to file form i-360, in order to submit her adjustment of status package (1-485 & i-765)?

I am at the verge of filing a VAWA petition, based on repeated abuse suffered from my USC spouse. I intend to include my child (18-year old, single and lives in the U.S) as a derivative applicant on my i-360 petition, to enable him file both form i-485 and i-765 concurrently. Since I will be filing... View More

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you provided, if you are filing a VAWA (Violence Against Women Act) self-petition using Form I-360 as the abused spouse of a U.S. citizen, your 18-year-old child does not need to file a separate I-360 petition. As the principal applicant, you can include your child as a... View More

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1 Answer | Asked in Immigration Law, Employment Law and Tax Law for Hawaii on
Q: Is it ok, if a friend of mine sets up a Gofundme for legal fees and put me as the beneficiary? I am on a O1-B visa.

I am not concerned about the possibility of paying taxes, but if it won't be seen as something outside the scope of my employment. Thank you

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answered on Apr 5, 2024

As an O-1B visa holder, it's important to ensure that any financial assistance you receive does not violate the terms of your visa or create issues with your employment. Here are a few things to consider:

1. Purpose of the funds: If the legal fees are related to your employment or the...
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1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Immigration Law for Florida on
Q: I rented an airplane outside of the flight school. Is this considered a Homeland Security Violation and criminal act?

I am a F-1 student in Florida working as a flight instructor in a flight school. The school canceled my i-20 saying i did a Homeland Security Violation for following reason.

It says on the contract that I cannot fly an airplane other than school’s plane but I rented an airplane to build... View More

James L. Arrasmith
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answered on Apr 5, 2024

This is a complex situation involving immigration law, flight school policies, and potential Homeland Security regulations. Based on the information provided, it's unclear whether renting an airplane outside of the flight school would be considered a direct violation of Homeland Security... View More

1 Answer | Asked in Immigration Law on
Q: Hello there. I want to understand how does canadian visa expert works. Do they ask for informations about our visa card?

Do they make some moviments in our visa card, like taking money to buy things?

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answered on Apr 5, 2024

Hello! Canadian Visa Expert is a private company that provides assistance with the Canadian visa application process. They are not affiliated with the government of Canada.

Regarding your questions:

1. Visa card information: Legitimate visa assistance companies should not ask for...
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1 Answer | Asked in Identity Theft and Immigration Law for Massachusetts on
Q: I am a DACA recipient. I recently was informed of identy theft of $9999 in the dark web. Am i allowed to apply for uvisa
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answered on Apr 4, 2024

I understand this is a stressful and concerning situation. As a DACA recipient who has been the victim of identity theft, here are a few important points to keep in mind regarding your legal options:

- U visas are available to victims of certain crimes who have suffered substantial mental...
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1 Answer | Asked in Immigration Law for New York on
Q: What is the duration of the grace period following the expiration of a O-1B? visa?

Following the expiration of an O-1B visa, how long does the visa holder have before they must depart from the US?

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answered on Apr 3, 2024

Upon the expiration of an O-1B visa, the visa holder has a grace period of up to 60 days to depart the United States.

Some key points about the 60-day grace period:

- It allows the O-1B visa holder to get their affairs in order and make arrangements to leave the U.S. after their...
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1 Answer | Asked in Employment Law and Immigration Law for Virginia on
Q: Should I leave country while I apply for change of status from H1B to F2 ?

Hi .Good Afternoon. My H1B is approved recently and my grace period is started on 1st of March 2024 . Based on the 60 days rule my grace period ends on April 30 ,2024 .I am still finding job and project to keep my H1b status active . I was on “F2 visa” status before so in case if I have to... View More

James L. Arrasmith
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answered on Apr 3, 2024

In this situation, you may not need to leave the country to change your status from H1B to F2. You can file for a change of status (COS) within the U.S. before your 60-day grace period ends on April 30, 2024. Here are some important points to consider:

1. File Form I-539: To change your...
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1 Answer | Asked in Immigration Law and Tax Law on
Q: As a CR-1 Green Card holder, do I pay tax of my real estate in the country where I have the majority of income ?
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answered on Apr 3, 2024

As a CR-1 Green Card holder (conditional permanent resident), your tax obligations depend on your tax residency status in the United States. If you qualify as a U.S. tax resident, you generally need to report your worldwide income to the IRS, including income from real estate located in other... View More

1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: Is there a way for me to leave my job and stay in the country to take care of my baby?

I am on an L1A visa and my husband L2A since Nov 2022. We had a baby Nov 2023 and bought a house also. I’m not able to work full time and take care of my baby.

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answered on Apr 3, 2024

As an L1A visa holder, your status is tied to your employment with the company that sponsored your visa. If you leave your job, your L1A status will no longer be valid, and consequently, your husband's L2A status will also be affected. However, there are a few potential options you can... View More

1 Answer | Asked in Banking, Family Law and Immigration Law for Kentucky on
Q: I paid 17k cash to buy a car. And i got the money from my family and friends. I donot work. And i just got to know that,

The dealership reported to irs about the purchase. What are the chances of me getting audited? And can i say i got the money from my friends as the source? And will they ask to person, whom i got money from, the source of money?

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answered on Apr 3, 2024

In this situation, there are a few important points to consider:

1. Large cash transactions: Car dealerships are required to report cash transactions exceeding $10,000 to the IRS using Form 8300. This is part of the IRS's efforts to combat money laundering and other illegal activities....
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1 Answer | Asked in Employment Law, International Law and Immigration Law for Kansas on
Q: Hi, as as international student are we allowed to do self employments? Like digital marketing, monetizing social media??
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answered on Apr 2, 2024

As an international student in the United States on an F-1 visa, there are restrictions on the types of work you can do. In general, you are not allowed to engage in off-campus self-employment like digital marketing or monetizing social media. However, there are a few exceptions:

1....
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1 Answer | Asked in International Law and Immigration Law for Texas on
Q: my opt will finished april 8 2024 can start my i485 with my wife during my grace period.

my wife she is americaine and we almost finished the paper. if i send it after april 8 2024 do i will be in trouble

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answered on Apr 2, 2024

Based on the information you provided, it sounds like your OPT (Optional Practical Training) will be ending on April 8, 2024, and you are wondering if you can start the process of adjusting your status to permanent resident (filing Form I-485) with your American wife during your grace period.... View More

1 Answer | Asked in Immigration Law on
Q: My sister filed the I-130 for me two years ago in NYC. Last year our mother died. Is it possible to expedite our case?
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answered on Apr 1, 2024

I'm sorry to hear about your mother's passing. In situations involving the loss of immediate family members, U.S. Citizenship and Immigration Services (USCIS) does consider requests to expedite applications on a case-by-case basis. To request expedited processing for your I-130 petition,... View More

1 Answer | Asked in Immigration Law for New York on
Q: Illegal immigrants left to die?

Hello

A suspected csf leak which is the most misdiagnosed thing there is, has gotten to the point where said person is almost blind at this point. My question is, does the emergency room take care of that and it's underlying problem even if that person is undocumented with no... View More

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answered on Apr 1, 2024

Hello,

In the United States, emergency rooms are required by law to provide care to all patients regardless of their immigration status or ability to pay. This includes urgent conditions that could lead to serious health consequences, such as potential blindness. A suspected cerebrospinal...
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1 Answer | Asked in Immigration Law for Iowa on
Q: can a girl have a gun for safety without having citizenship or is there any legal way we can carry a weapon for safety

i want to know if iam really scared but alone can i carry a gun in us or any type of weapon just for safety in case anything happens and i would like to know all details if there is a legal way we can keep weapons or like if there some agreement we have to sign with the goverment for having a... View More

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answered on Mar 31, 2024

In the United States, gun ownership and carrying for self-defense or any other purpose are heavily regulated and differ based on federal and state laws, as well as the individual's status in the country. Generally, the right to own a firearm is not extended to non-citizens, especially those on... View More

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

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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 Delaware on
Q: My husband was denied a A US visa because 2009 he was living in Barbados and use a false document in Barbados

He went to apply for a US visa in Guyana last October but the pull up his record he had in barbados he was trying to use a dead man birth certificate and he was catch and was in holding for a day in barbados they asked him what he wants to fi so he say to go back to guyana so he take him to the... View More

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answered on Mar 30, 2024

Given the circumstances you've described, it's essential to understand that past immigration violations or fraudulent activities, such as using false documents, can significantly impact future visa applications, including those for family reunification. When the U.S. Department of State... View More

1 Answer | Asked in Immigration Law for California on
Q: If my i-829 was rejected and returned to my attorney, will I be able to stay in the U.S. while it's being refiled?

My i-829 was filed and partially charged, but was rejected and return to my attorney due to incorrect payment method. The attorney refiled it several more times. Will I be able to live and work in the U.S. during the time period when the i-829 is being refiled?

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answered on Mar 30, 2024

Under U.S. immigration law, if your I-829 petition, which is for the removal of conditions on permanent resident status obtained through investment, was rejected due to an incorrect payment method but has been refiled, you generally maintain your conditional permanent resident status during the... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: Can my spouse apply for a green card with ESTA if we are already married?

My wife and I got married through Proxy and she is eligible for the Visa Waiver Program. Could she apply for a green card if she travels to the US with an ESTA? If not, what options do we have?

Thank you

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answered on Mar 30, 2024

Traveling to the U.S. under the Visa Waiver Program (VWP) with an ESTA (Electronic System for Travel Authorization) primarily permits short visits for tourism or business. If your wife enters the U.S. using an ESTA with the intention of applying for a green card (adjustment of status), it might... View More

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