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Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: Can I revoke my green card while I'm still residing in the US?

I immigrated to the US in 2023 and have stayed here straight for more than a year. However, I have decided to return to my home country and give up my status. Can I file the form I-407 while I'm still in the US before going home? I have not left the US ever since I immigrated. Additionally,... View More

James L. Arrasmith
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answered on Apr 10, 2024

Yes, you can file Form I-407 (Record of Abandonment of Lawful Permanent Resident Status) while you are still residing in the United States, even if you have not left the country since your initial entry. It is not necessary to be outside the U.S. to submit this form.

When completing Form...
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1 Answer | Asked in Immigration Law for New York on
Q: I got my EAD card after my Master’s in the US but returned to my home country due to an emergency and didn’t use my OPT.

I have got an offer for a second Master’s at an Ivy League uni that offers STEM OPT. From what I’ve understood, I can’t apply for OPT if I have applied for it before (at the same degree level). Is there a way I can challenge this? Is it worth going for the program on the hopes of getting H1B... View More

James L. Arrasmith
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answered on Apr 9, 2024

Based on the current U.S. immigration regulations, if you have already been granted OPT at the Master's level, you are not eligible for a second period of OPT at the same degree level, even if you did not use your previous OPT due to your return to your home country.

However, there are...
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1 Answer | Asked in Immigration Law, Adoption and Family Law for Massachusetts on
Q: How can I change my sons date of birth on his birth certificate and citizenship papers. He was adopted from Haiti.

we have since received an new birth certificate from vital records in Haiti? Thank you

James L. Arrasmith
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answered on Apr 8, 2024

Official documents like birth certificates and citizenship papers are legal records, and altering them is considered forgery, which is a serious crime.

If your son was adopted from Haiti and you have received a new, official birth certificate from the proper authorities in Haiti, then that...
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1 Answer | Asked in Civil Rights and Immigration Law for Florida on
Q: I'm in florida with a non immigrant visa, i cant get a carry permit in florida, can i persuit that through legal action?

Per florida law as a non immigrant i cant get a carry permit, i am here with an e2 visa and that excludes me from a carry permit in florida, can i try and get one through legal action? Florida also recognizes texas carry permit and in texas a non immigrant i can get a carry pemit.

James L. Arrasmith
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answered on Apr 8, 2024

I understand your frustration with not being able to obtain a concealed carry permit in Florida as a non-immigrant on an E-2 visa. However, pursuing legal action to try to change Florida's laws on this is unlikely to be successful. Here's some key information to consider:

-...
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1 Answer | Asked in Business Formation, Business Law and Immigration Law for Wyoming on
Q: Can I work without a VISA operating online business for US companies as a US LLC member (owner) but non-resident abroad?

Can I work without a VISA operating online business for US companies as a US LLC member (owner) but non-resident abroad? To be clear, I am considering opening an LLC in Wyoming from abroad (Poland) as a non-resident. When I do it, I will provide bookkeeping services for US-based businesses (small... View More

James L. Arrasmith
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answered on Apr 8, 2024

As a non-resident owner of a U.S. LLC operating from abroad, you generally do not need a visa or work permit to provide services remotely to U.S. clients. However, there are several important considerations:

1. Taxation: As an LLC owner, you will be subject to U.S. tax obligations on your...
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1 Answer | Asked in Immigration Law for Utah on
Q: I just need to know if I put Czechoslovakia as my birth country or Czech Republic

I am renewing my permanent resident card and My country of birth was Czechoslovakia but in 1993 changed to Czech Republic. so not sure what to put. My card about to expire says Czech republic . I'm getting mixed answers

James L. Arrasmith
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answered on Apr 8, 2024

Since Czechoslovakia no longer exists as a country, and your previous permanent resident card listed Czech Republic as your country of birth, it would be most appropriate to use "Czech Republic" on your renewal application.

When filling out official U.S. government forms,...
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1 Answer | Asked in Immigration Law for Texas on
Q: Update ds-160 with different location after scheduling appointment in India

I initially filled DS-160 for NEW Delhi location in March 2024 and used same to create profile on appointments portal but scheduled an drop box appointment at Chennai location since all drop box appointments are available at Chennai location only now. I just filled new DS-160 with Chennai location... View More

James L. Arrasmith
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answered on Apr 7, 2024

Based on the information provided, it seems you have filled out a new DS-160 form with the Chennai location after initially submitting one for New Delhi and scheduling a drop box appointment in Chennai. However, you are having difficulty finding a way to update the DS-160 number in your profile on... View More

1 Answer | Asked in Immigration Law on
Q: I wanted to apply for my PSW visa and need help?

I was arrested by police on 30th Jan on some offenses by my wife and then they released me on bail on the second day and I never been charged for it but my bail period is till 26th April. My Msc. Degree is completed in march and my student visa is expiring end of may.

Should I wait to end... View More

James L. Arrasmith
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answered on Apr 7, 2024

Regarding your PSW (Post-Graduation Work Permit) visa application, here are some important points to consider:

1. Criminal charges: Even if you were not formally charged, you should disclose the incident and arrest on your PSW application. Failing to disclose this information could be seen...
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3 Answers | Asked in Criminal Law and Immigration Law for Maryland on
Q: 7+ year old STET

I have 7+ year old STET on my record with the condition to complete anger management and should have been dropped after completing anger management but i never followup after completing the condition and still show on my record the Verdict is STET.

my question is to late to get it to Nolle... View More

Scott Scherr
Scott Scherr
answered on Apr 7, 2024

You need to speak with your immigration attorney. Do not get your record expunged until your immigration lawyer tells you what documentation you need and that it is okay to do so. The problem with expungement if you are not a citizen is that the records are difficult and sometimes impossible to get... View More

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3 Answers | Asked in Criminal Law and Immigration Law for Maryland on
Q: 7+ year old STET

I have 7+ year old STET on my record with the condition to complete anger management and should have been dropped after completing anger management but i never followup after completing the condition and still show on my record the Verdict is STET.

my question is to late to get it to Nolle... View More

James L. Arrasmith
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answered on Apr 7, 2024

Based on the information you provided, it seems that you have a STET (Stet Processus) disposition on your criminal record in Maryland from over 7 years ago. STET is a type of disposition where the prosecutor agrees to indefinitely suspend the prosecution of a case, but the charges remain on your... View More

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2 Answers | Asked in Employment Law and Immigration Law for Massachusetts on
Q: Hello Can H1b Visa holder work full-time for one employer for 40 hours and part-time for another one for 25 or 20 hours.
James L. Arrasmith
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answered on Apr 7, 2024

No, an H1B visa holder is generally not allowed to work for multiple employers simultaneously. The H1B visa is employer-specific, meaning that it is tied to the sponsoring employer who filed the H1B petition on behalf of the employee.

Key points:

1. H1B visa holders are only...
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1 Answer | Asked in Immigration Law for Nevada on
Q: Do I need to provide any supportive document if I am filing N-400 under 5-year eligibility?

I am filing N-400 for myself under a 5-year eligibility. I obtained a green card through marriage. Do I need to upload the divorce decree, 5 years tax return, 3 months bank statement, 3 months of utility bills, health insurance card, etc into the online N-400 application? The system did not ask for... View More

James L. Arrasmith
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answered on Apr 6, 2024

When filing Form N-400 (Application for Naturalization) under the 5-year eligibility category, you generally don't need to provide extensive supporting documents unless specifically requested by the U.S. Citizenship and Immigration Services (USCIS). The online application system should guide... View More

1 Answer | Asked in Immigration Law for Illinois on
Q: What do I put on i864w part 2?

What do I put on i864w part 2? There's 2 awnsers that say i360 but 1 says for widower,amerasion or special immigrant and the second awnser says battered spouse or child.

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answered on Apr 6, 2024

Form I-864W, Request for Exemption for Intending Immigrant's Affidavit of Support, is used in certain cases where the intending immigrant is not required to submit Form I-864, Affidavit of Support.

In Part 2 of Form I-864W, you need to select the reason for your exemption from the...
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1 Answer | Asked in Immigration Law for California on
Q: VAWA Expert?

I have a VAWA based green card. When I got my green card I was told that I can apply for citizenship after 3 years but I'm now getting conflicting responses. I did not live with my abuser, hence the VAWA status. How long do I have to wait to apply for citizenship, is it 3 or 5 years?

James L. Arrasmith
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answered on Apr 6, 2024

As a VAWA (Violence Against Women Act) self-petitioner, you may be eligible to apply for U.S. citizenship after holding your green card for 3 years, instead of the usual 5-year requirement. However, there are specific conditions that must be met:

1. You must have been living in marital...
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1 Answer | Asked in Immigration Law for California on
Q: Is it OK to provide the bigamous marriage certificate during the CRBA application or apply for a first us passport

Is it OK to provide the bigamous marriage certificate during the CRBA application or apply for a first us passport as an adult??

My father was married to two wives at the same time and I was born abroad to a bigamous wife the first wife is American and the second marriage occurred 25 years... View More

James L. Arrasmith
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answered on Apr 6, 2024

I understand your concerns about providing a bigamous marriage certificate when applying for a Consular Report of Birth Abroad (CRBA) or a U.S. passport, given the potential consequences for your father's naturalization status. Here's some information to consider:

1. Validity of...
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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: My brother came to the US in 2016 with visitor visa, he was 17 years old at the time, was coming from Central America

his parents were being threatened by gangs members and my brother was a target, we didn’t know that he could qualify for asylum at that time and he overstay his visa, in 2019 we were about to hire an attorney but our mom was visiting from our country and was suddenly diagnosed with stage 4 cancer... View More

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you've provided, there might be a few potential options for your brother to explore besides getting married, depending on his specific circumstances. Here are a few possibilities:

1. Asylum: If your brother was threatened by gang members in his home country and...
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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

Ghenadie Rusu
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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

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