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2 Answers | Asked in Immigration Law on
Q: I am on NVC stage and looking for an assistance in I864 from sponsor and Joint sponsor. MY wife is from south Carolina.

I am curious about the consultation charges.

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 12, 2024

Consider working with an immigration attorney. Some of us charge a very affordable flat fee to handle the case even if it’s pending. The G-28 is a Notice of appearance of Attorney form that is filed so both the attorney and the client receive the same notices throughout the lifespan of the case.

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2 Answers | Asked in Immigration Law for California on
Q: I-864 Form Question: Keep Dates the same as when the original was submitted or change to update information to current?

My I-864 form was submitted last year; however, it didn't include Use of Assets to Supplement Income as I was told my petitioner I-864 form qualifying assets section was deemed (optional) since I have a joint sponsor whose income alone qualifies without the need to include, in our case,... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Sep 4, 2024

So a number of questions come up in this situation. Is this for an adjustment of status case or for a consular processing situation. If this is a consular processing situation, an opportunity to update the I-864 will occur regardless as there is a requirement to update that form before any... View More

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3 Answers | Asked in Immigration Law for California on
Q: Are two separate I-864 forms required one from the petitioner & one from joint sponsor if petitioner income not enough?

I'm the Petitioner, I don't have enough income to document, I'm seeing mixed information regarding this topic. Am I required to fill out a I-864 form while the joint sponsor fills a separate I-864 form?

Symantha Rhodes
Symantha Rhodes
answered on Aug 13, 2024

Generally, only one Form I-864, Affidavit of Support, is required per sponsored immigrant. This form is completed by the petitioner (the U.S. citizen or lawful permanent resident sponsoring the immigrant).  

However, there are exceptions:

Joint Sponsorship: If the...
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3 Answers | Asked in Immigration Law for California on
Q: Are two separate I-864 forms required one from the petitioner & one from joint sponsor if petitioner income not enough?

I'm the Petitioner, I don't have enough income to document, I'm seeing mixed information regarding this topic. Am I required to fill out a I-864 form while the joint sponsor fills a separate I-864 form?

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 3, 2024

You have to complete an 864 form even if your income is insufficient. The joint sponsor also completed a separate 864 form, but if that joint sponsor lives in the same household then he completes an 864a

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2 Answers | Asked in Immigration Law for California on
Q: I am an F1 student currently pregnant.Im here with my husband an international too.Will my unborn chilf need an I20 ?
Nicolas Andres Olano
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Nicolas Andres Olano
answered on Aug 2, 2024

(If I am reading your question correctly, I am assuming you are already in the U.S. with your F-1 visa.) The answer is no. If your child is born in the U.S. he will be a U.S. Citizen by birth.

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2 Answers | Asked in Immigration Law, Contracts, Business Formation and Business Law for Delaware on
Q: Create an operation agreement for F-1 students; Web-design company in Delaware

Dear Lawyers,

I would like to create an operational agreement for my LLC. At the moment, I'm an F-1 international student, so I would like to know if you could help me do this. We create websites. In summary, I (founder) and another co-founder (F-1 student as well) are not going to... View More

Daniel  Bitonti
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answered on Jul 30, 2024

To ensure your LLC is set up correctly and complies with all applicable laws, it's highly recommended to retain an experienced attorney. As F-1 international students, there are specific immigration laws to consider. Direct participation in the operations of the LLC might violate your visa... View More

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1 Answer | Asked in Immigration Law for California on
Q: What is better? Applying for work permit based on asylum seeking or TPS.
James L. Arrasmith
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answered on Jul 26, 2024

Applying for a work permit based on asylum seeking or Temporary Protected Status (TPS) depends on your specific circumstances. If you are seeking asylum, applying for a work permit can provide you with the ability to work legally in the U.S. while your asylum case is being processed. However,... View More

1 Answer | Asked in Immigration Law for California on
Q: What documents can prove my continuous residency when applying for TPS. Is driver license and school transcript enough?

I live with a family member, so I do not have any lease contract. I also do not have medical history. I have a bank account. I can afford a transcript from my university. My current status is F1 student.

Thank you

James L. Arrasmith
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answered on Jul 26, 2024

To prove your continuous residency for TPS, a driver's license and school transcript can be helpful, but you may need more documents. Consider using your bank statements, as they show your financial activity and residency. These statements can be very useful in demonstrating your presence in... View More

1 Answer | Asked in Immigration Law for California on
Q: What are possible consequences of applying to an EB-2 green card during OPT?

I am talking about applying for the green card during the initial year of OPT. My concern is that applying for a green card suggests immigrant intent, while OPT/F-1 status is supposed to be non-immigrant. Can this cause the stem extension OPT to be denied?

James L. Arrasmith
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answered on Jul 25, 2024

Applying for an EB-2 green card during your initial year of OPT can indeed signal immigrant intent, which might conflict with your F-1 status, intended for non-immigrants. This conflict could potentially impact your ability to receive a STEM OPT extension. U.S. immigration laws under California... View More

1 Answer | Asked in Immigration Law for California on
Q: Q: Working remotely from outside of the US on OPT? Allowed or not?

This seems to be ok if not for long (< 1month), but my understanding is that any change in work location must be reported in the SEVP portal within 10 days of the change. The address cannot be abroad. So if you work abroad for more than 10 days and do not report the new location, my guess is... View More

James L. Arrasmith
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answered on Jul 24, 2024

Working remotely from outside the US while on OPT can be a tricky situation. Generally, short periods of remote work (less than a month) might be acceptable, but you need to be cautious. The SEVP portal requires you to report any change in your work location within 10 days, and the address must be... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I have a green card and I left the US,I have been out of America for more than 9 months and my i131 is still pending.
James L. Arrasmith
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answered on Jul 24, 2024

If you have been out of the U.S. for more than 9 months and your I-131 is still pending, it’s important to take immediate action. Being out of the country for such a long period can affect your green card status. You might need to provide a valid reason for your extended absence.

Contact...
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1 Answer | Asked in Immigration Law for Ohio on
Q: person has filed case I-130, they received tourist visa to US, can they stay longer, adjust the status to get green card

Can that person with family stay in US while I-130 being reviewed for 2-3 years until the decision made? Or they will be deported after tourist visa expiration? If status adjustment filed is denied? How long the status adjustment takes?

Syrian national, living in Emirates.

James L. Arrasmith
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answered on Jul 24, 2024

If you have filed an I-130 and entered the U.S. on a tourist visa, you are generally expected to leave before your visa expires. Staying beyond your visa's expiration without proper authorization can lead to deportation and may negatively impact future immigration applications.

To...
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1 Answer | Asked in Immigration Law on
Q: what do I need to get a green card for my adopted daughter
James L. Arrasmith
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answered on Jul 24, 2024

To get a green card for your adopted daughter, you will need to follow a specific process based on your situation. If you are a U.S. citizen, you can petition for your adopted child by filing Form I-130 (Petition for Alien Relative). It's important to ensure that the adoption was completed... View More

1 Answer | Asked in Immigration Law and International Law for California on
Q: I’m going to marry my girlfriend who is an au pair. And I'd like to ask you about the marriage process.

I am currently preparing to marry my girlfriend who is au pair(she’s from another country). She arrived in the U.S. in March this year and she will stay here until March next year (along with her j1 visa). We have about 8 months until March next year, and I would like to complete the marriage... View More

James L. Arrasmith
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answered on Jul 24, 2024

It's great that you want to marry your girlfriend and start a life together. The marriage process itself won't negatively impact her J-1 au pair program. You can proceed with getting married, but it's important to be mindful of the timing for applying for her green card.

Once...
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1 Answer | Asked in Immigration Law for California on
Q: What are the rules regarding working remotely from outside of the US on OPT? Allowed or not?

Assuming employer is ok with it and for a short period of time <1 month. Is there any reason why this could be an issue? Any F1/OPT rules this may be violating? Rules seem to be vague since the end of the covid guidance. Designated school official (DSO) only said must follow F-1 guidelines.

James L. Arrasmith
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answered on Jul 24, 2024

Working remotely from outside the U.S. on OPT for less than a month may raise some concerns under F-1 regulations. While there are no explicit rules prohibiting short-term remote work, it's crucial to ensure you maintain your F-1 status. This means you need to continue adhering to the... View More

1 Answer | Asked in Immigration Law and Criminal Law for California on
Q: I got a citation for 594(a) Misdemeanor. I am on H1B visa, will it affect my H1b renewal visa stamping(case pending) ?

I got a citation in California for 594(a) Vandalism Misdemeanor. I am on H1B visa.

This is my first ever crime in my life. The case is still pending. I wasn't arrested neither I am convicted (case/charge pending). My wife is on H4 visa and we are planning to visit India for h1B visa... View More

James L. Arrasmith
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answered on Jul 24, 2024

Dealing with a citation for a misdemeanor vandalism charge while on an H1B visa can be stressful. Since your case is still pending and you haven't been convicted, it might not immediately affect your H1B visa renewal stamping. However, visa officers have discretion, and they may consider the... View More

1 Answer | Asked in Immigration Law for California on
Q: Am I allowed to work in this situation?

Can I work on h1b receipt notice or do i need approval for it. Thank u

James L. Arrasmith
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answered on Jul 23, 2024

If you are on an H1B visa and have received a receipt notice for your H1B transfer or extension, you are generally allowed to continue working for your current employer while waiting for the approval. This is because the receipt notice serves as proof that your application is being processed.... View More

1 Answer | Asked in Immigration Law for California on
Q: Travelling with pending i485

Can I travel with pending i485 and pending h1b extention

James L. Arrasmith
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answered on Jul 23, 2024

Yes, you can travel with a pending I-485 and a pending H-1B extension, but there are important considerations to keep in mind.

If you leave the U.S. while your I-485 application is pending without obtaining Advance Parole (AP), your I-485 may be considered abandoned. Make sure to apply for...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: My visa pettion is cancelled at us embassy due to one year no contact with the embassy . So how to reinstate ?

My waiver will be approved soon . Applied in 2021 November

US embassy already scheduled the interview last year then I contacted them and inform about pendinh 601a waiver and hold my interview until get the decision from USCIS however they cancelled my pettion today

James L. Arrasmith
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answered on Jul 23, 2024

If your visa petition was canceled due to a lack of contact with the embassy, you may need to start the process again. Contact the U.S. embassy to confirm the cancellation and understand their specific instructions for reapplying. They may provide guidance on how to proceed or if there's an... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Can I re-enter the US on a TN visa while my I-130 is pending?

I'm a Canadian citizen and I have a TN visa to work in the US. If I get married with a green card holder and petition an I-130, can I exit the country and re-enter with my TN while the I-130 is pending? Or would that be a problem since TN is not a dual intent visa

James L. Arrasmith
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answered on Jul 23, 2024

Yes, you can re-enter the US on a TN visa while your I-130 is pending, but it requires careful consideration. The TN visa does not support dual intent, which means you must maintain a clear intent to return to Canada after your temporary stay in the US. This could be challenging to prove if you... View More

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