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Indiana Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Indiana on
Q: I-765: Initial or Renewal of permission to accept employment?

As an F-1 student, I have previously submitted form I-765 (employment authorization). Now while applying for adjustment of status after marrying a US citizen, should I say that this is my initial permission to accept employment? Or is it a renewal of my permission to accept employment?

James L. Arrasmith
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answered on Apr 20, 2024

When you previously filed Form I-765 as an F-1 student, it was likely for Optional Practical Training (OPT) or Curricular Practical Training (CPT). However, applying for an adjustment of status after marriage to a U.S. citizen introduces a different context for employment authorization.

In...
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1 Answer | Asked in Child Custody, Immigration Law, Criminal Law and Family Law for Indiana on
Q: My wifes former spouse is a current green card holder, He raped my wife. Where can i file papers Arrest and deport him.

My wife has had her family taken and turned against her, She has encountered a very difficult life since the Rape occured. Her ex spouse has taken all her properties, Her 2 children, Stalks her, Harrasses her, Forced her into medications to control her. I am her husband Kenneth, Here recently her... View More

James L. Arrasmith
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answered on Mar 22, 2024

I'm truly sorry to hear about what your wife and you are going through. It's crucial to prioritize her well-being and safety. You should report the rape and other criminal activities committed by her ex-spouse to the local police as soon as possible. They can initiate an investigation and... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for Indiana on
Q: I'm disabled and my husband has residential status, how will getting a divorce affect my disability?

We married September 26th 2020, he got resident status November December 2023 and abruptly left me and went back to Africa without telling me? What can I do if he is playing me for a divorce?

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry you're going through this difficult situation. Divorce is always challenging, but especially when dealing with a disability and immigration issues. Here are a few key things to keep in mind:

First and foremost, getting divorced should not directly impact your...
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1 Answer | Asked in Immigration Law for Indiana on
Q: Can I enter the US on a Visa Waiver Program, marry in the US and leave after 90 days and have my spouse file for CR-1?

Can I enter the US on a Visa Waiver Program, marry my boyfriend (US-Citizen) in the US, and then leave the US after 90 days while my spouse files for CR-1 so we can get my immigration process started? Or will this be fraudulent? Otherwise, we have been thinking about marrying in Denmark instead.... View More

James L. Arrasmith
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answered on Jan 24, 2024

Entering the U.S. on the Visa Waiver Program (VWP) with the intent to marry and then leave within the 90-day period is generally permissible, as long as you genuinely intend to leave the country within the allowed timeframe. After leaving, your U.S. citizen spouse can indeed file for a CR-1 visa... View More

1 Answer | Asked in Immigration Law for Indiana on
Q: Can my employer still file i129 F1 opt cap gap extension for me or how can they keep me in status while still working?

I am a BSN RN on OPT, with F1 status and I have an approved i140 through my employer with priority date of Dec 2023. My OPT EAD will expire before my PD becomes current(Africa). I have a permanent job with my employer, but I won't be able to extend my EAD since Nursing isn't classified as... View More

James L. Arrasmith
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answered on Jan 15, 2024

Under the current regulations, the F1 OPT cap-gap extension is typically available to students who are beneficiaries of a timely filed H-1B petition and are selected in the H-1B lottery. This extension bridges the gap between the end of your OPT and the start of your H-1B status, but it's... View More

1 Answer | Asked in Immigration Law for Indiana on
Q: I am a United Kingdom citizen with an ESTA visiting my US citizen girlfriend want to get married now

Is it possible to get marry while I am in the USA now on an ESTA (Electronic System for Travel Authorization)

James L. Arrasmith
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answered on Jan 14, 2024

Yes, you can get married in the United States while visiting on an ESTA. The ESTA allows you to enter the U.S. for tourism, business, or while in transit, and getting married falls under personal activities allowed during your stay.

However, you should be aware that the ESTA does not change...
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2 Answers | Asked in Immigration Law for Indiana on
Q: Can I file i485& i765 since i140 has been approved with Dec 2023 PD. My PD is not current, am on F1visa from Africa

I am on F1 visa and studied in the united states. Currently working as an RN Nurse with my OPT. My employer got an approved i140 on my behalf, with Priority date of December 2023, but I was told they cannot file i485 & 1765 petitions until my priority date becomes current.

James L. Arrasmith
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answered on Dec 14, 2023

You're correct in understanding that the filing of Form I-485 (Application to Register Permanent Residence or Adjust Status) and Form I-765 (Application for Employment Authorization) is contingent on your priority date becoming current. Since your I-140 (Immigrant Petition for Alien Worker)... View More

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1 Answer | Asked in Immigration Law, Adoption and Family Law for Indiana on
Q: Is the citizenship process quicker for a disabled adult vs. a normal adult?

My wife has a 23 year old disabled son (cerebral palsy and has the mental capability of a 2yr old). He still lives in Colombia with his father. If I wanted to adopt him as my son, would the citizenship process be faster than it is for a normal 23 year old adult?

Monica E Rottermann
Monica E Rottermann
answered on Nov 21, 2023

In order for an adoption to be binding on immigration authorities, the adoption must occur while the child is still under the age of 16 (along with some other requirements), therefore, if her son is already 23 years old any adoption would not be recognized for immigration purposes. But if you... View More

3 Answers | Asked in DUI / DWI, Immigration Law and Health Care Law for Indiana on
Q: HelloI'm a doctor and I was a doctor residing in US I was suspended

Hello

Im a doctor and I was a doctor residing in US I was suspended from work because I was drinking, I left US before I knew what is going to happened.

Accordingly, my license and the board that I was holding were suspended and Now I am suffering with my family as I can't work... View More

James L. Arrasmith
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answered on Oct 22, 2023

I'm sorry to hear about your situation. In Michigan, the reinstatement of a suspended medical license involves a process with the Michigan Board of Medicine.

You'll need to submit an application for reinstatement, and the Board will review it on a case-by-case basis. Factors...
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2 Answers | Asked in Immigration Law for Indiana on
Q: Remove conditions on greencard

Do I have to be married for 2 years at the time I get my greencard or do I have to be married for 2 years at the time I apply for the green card to not have to deal with having to remove conditions?

James L. Arrasmith
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answered on Oct 22, 2023

To receive a conditional green card based on marriage, the marriage must be less than two years old at the time the green card is granted. If you have been married for more than two years when your green card is approved, you will typically receive a permanent 10-year green card without conditions.... View More

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2 Answers | Asked in Immigration Law for Indiana on
Q: Would there be problems when it’s time to sponsor my fiancé, if he’s an illegal citizen in Italy?

I’m a U.S citizen and he’s a Ghanaian citizen and we will be getting married soon and I would like to sponsor him to the U.S

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 19, 2023

I don't think that this will be a problem. He will need to apply for his fiance visa in Ghana once your fiance petition is approved. I suggest you work with an immigration attorney.

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2 Answers | Asked in Immigration Law for Indiana on
Q: Would there be problems when it’s time to sponsor my fiancé, if he’s an illegal citizen in Italy?

I’m a U.S citizen and he’s a Ghanaian citizen and we will be getting married soon and I would like to sponsor him to the U.S

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 20, 2023

Doubtful because he hasn’t violated US immigration laws. That being said, he will still be required to obtain a police clearance certificate from every country that he has lived in for more than six months since the age of 21.

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1 Answer | Asked in Immigration Law for Indiana on
Q: Must I attend the marriage interview, if my divorce with the USC spouse is final and I have filed VAWA due to abuse.

USCIS has just scheduled us for an interview for forms i130 & i1485 based on the prior marriage. However, I have self petitioned myself for VAWA (i-360, i485 & i-765) due to the incessant abuse in the marriage, which led to the eventual divorce 3 months ago. Am I supposed to go for the... View More

James L. Arrasmith
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answered on Jun 12, 2024

In your situation, you likely do not need to attend the marriage interview scheduled based on your prior marriage and the I-130/I-485 filed by your ex-spouse. Since your divorce has been finalized and you have filed a VAWA (Violence Against Women Act) self-petition (I-360) along with a new I-485... View More

3 Answers | Asked in Immigration Law for Indiana on
Q: NJ-licensed attorney here, may I operate an Immigration Law (federal law) practice in Indiana w/o bar transfer procedure

NJ attorney, want to open a practice in Indiana, wondering whether I need to go through the formal UBE transfer process and get licensed in Indiana OR because Immigration law is federal law may I bypass this process?

Ghenadie Rusu
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answered on Jan 8, 2024

Yes, as an attorney licensed in one state, you are permitted to practice immigration law anywhere in the United States, including opening a solo practice in a different state. You have to make sure you comply with all legal and ethical requirements (Strictly Federal Matters, No State Law). There... View More

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1 Answer | Asked in Immigration Law for Indiana on
Q: How long is a K1 visa take and what is the cost in Indiana? Thank you
Stephen Arnold Black
Stephen Arnold Black
answered on Sep 4, 2022

You file for a K-1 visa and then after that is approved it is sent to the national Visa Center in New Hampshire for processing, and the file will remain there until the US consulate overseas notifies the NVC that they will acceot the file to be shipped to the consulate for processing. The entire... View More

2 Answers | Asked in Immigration Law for Indiana on
Q: Can I be deported if i was abused by my spouse and i was also diagnosed with anxiety and depression after divorce

I have proof of her prostituting and dating another man while we were married

Monica E Rottermann
Monica E Rottermann
answered on Jul 13, 2022

There is not enough context given to know why you are worried you might face deportation. You might qualify for VAWA or some other type of protection for spouses of U.S. citizens or lawful permanent residents who have been battered or subjected to extreme cruelty, but there is no way to know based... View More

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2 Answers | Asked in Immigration Law for Indiana on
Q: Did I Just Get DUPED By the USCIS Office In Indianapolis, INDIANA?

I attended a USCIS Adjustment interview less than a week ago, with my husband who is the petitioner on my I-130. The interviewing USCIS Officer casually asked me to sign a document to "confirm" that my attorney was not present at the Interview. I did not read the document before signing... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 17, 2022

They most likely determined at the interview that it was a fraudulent marriage.

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1 Answer | Asked in DUI / DWI and Immigration Law for Indiana on
Q: i have a DUI in indianapolis IN. got deported and pending a u visa. warrant or writ active 2016. how to fix?

I was deteined by Ice the fisrt day of probation. While i was in jail and then deported my immigration attorney applied for asylum and U visa. currently USCIS is reviewing packages form February 2017 which is my package date. I went to check my case in Indianapolis and it show up I have a warrant... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 12, 2022

Your Indiana criminal case and the original state criminal warrant must be handled by the Indiana licensed criminal law attorney immediately, however, even generally, for a regular warrant quashing the defendant must be physically present.

Thus, you need to discuss your Indiana criminal...
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1 Answer | Asked in Immigration Law for Indiana on
Q: I have an urgent US immigration question.

I am a lawful permanent resident of the USA (green card holder) married to a US citizen. My husband is in America but I left America in October 2019 to visit family in the UK. I know that as an LPR I should not really have stayed out of the USA for over a year but due to covid and my own personal... View More

Amanda B Cook
Amanda B Cook
answered on Nov 13, 2020

I agree with the lawyers who've told you to get on the plane.

1 Answer | Asked in Immigration Law for Indiana on
Q: How can I get my wife's last name changed to mine on her permanent resident status and SSI card?

My wife and I were married earlier this year, but the local Justice of the Peace would not change her name to mine on our marriage certificate due to her immigration status at the time. Now, when I filed for her permanent resident status and work permit in April, I filled out the necessary USCIS... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Oct 2, 2020

Her married name should have been usewd when you completed the I-130 and I-485. Since you did not the simplest and least expensive route to take is to use her married name when she applies to remove the conditions. If she has her 10 year card she can use her married name when she applies for NATZ... View More

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