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Kentucky Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law and International Law for Kentucky on
Q: Can i as an international nursing student be eligible for eb3 visa?

I am in the usa right now in f1 visa and about to finish associate in nursing. I will also be giving my nclex examination. If my employer agrees to sponsor my eb3 visa while i am in my OPT, would there be any complications? Because i wouldn't have a bachelors degree? Is it pretty important for... View More

James L. Arrasmith
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answered on Jun 5, 2024

Yes, you can be eligible for an EB-3 visa as an international nursing student with an associate degree. The EB-3 visa category includes skilled workers, which encompasses registered nurses who have passed the NCLEX exam and have a job offer from a U.S. employer willing to sponsor them.... View More

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1 Answer | Asked in Immigration Law and Tax Law for Kentucky on
Q: while.filing taxes if i am non resident alien(f1-student)in one state. And i worked in that state and moved to different

State in the middle of the year. Do i count as non resident as part year residency?

James L. Arrasmith
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answered on Apr 15, 2024

As a non-resident alien (F-1 student), your residency status for state tax purposes may vary depending on the specific state laws. In general, most states consider you a resident if you live in the state for a certain period of time (usually more than 183 days) or if you maintain a permanent place... 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?

James L. Arrasmith
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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 Immigration Law for Kentucky on
Q: Immigration related query

I got my EAD recently, I had applied it concurrently with H1b renewal, we got H1b, H4, H4 EAD approved (H1b renewal was set to expire in May 2024). I got my H4 EAD for same duration valid from May 2024. Even though currently we have a valid H1b, i140 and H4, my EAD is not current. Since we applied... View More

James L. Arrasmith
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answered on Feb 5, 2024

In your situation, it's important to understand that the U.S. Citizenship and Immigration Services (USCIS) generally issues the Employment Authorization Document (EAD) based on the dates of eligibility as determined by your underlying visa status and any approved extensions or petitions. The... View More

1 Answer | Asked in Immigration Law and Tax Law for Kentucky on
Q: i am an international student, and i currently dont have any schoalrship amount in my tution amount.

so, do i need to file my 1098-T form while filing the taxes.

James L. Arrasmith
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answered on Jan 30, 2024

As an international student in the United States, you might receive Form 1098-T if you have paid tuition or related expenses during the tax year. This form is typically used by students to claim education credits like the American Opportunity Credit and the Lifetime Learning Credit.... View More

2 Answers | Asked in Immigration Law and Tax Law for Kentucky on
Q: can i as an international student in usa, buy and exchange stocks in platform like robinhood? and if there is restrictio

and if there is restrictions, what are they?

Syed Ali Hussain Lahooti
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answered on Jan 11, 2024

It's crucial to grasp the distinction between employment and investment. While some argue that making money through investments could be seen as work, especially when you're dutifully filing taxes, it's essential to play it safe. As a non-U.S. resident here solely for studies,... View More

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2 Answers | Asked in Immigration Law and Tax Law for Kentucky on
Q: can i as an international student in usa, buy and exchange stocks in platform like robinhood? and if there is restrictio

and if there is restrictions, what are they?

James L. Arrasmith
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answered on Jan 9, 2024

As an international student in the USA, you generally have the ability to buy and exchange stocks on platforms like Robinhood. However, there are certain requirements and restrictions to be aware of.

Firstly, you must have a valid Social Security Number (SSN) or Individual Taxpayer...
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1 Answer | Asked in Immigration Law for Kentucky on
Q: As a UK citizen, if I marry a U.S. citizen can I still travel back and forth between USA and UK on ESTA

While spousal visa process is being carried out, can I travel back and forth so I can work in UK and spend time with my wife?

James L. Arrasmith
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answered on Jan 3, 2024

As a UK citizen married to a U.S. citizen, you can still use the Visa Waiver Program (VWP) and ESTA to travel to the USA for short visits while your spousal visa is being processed. However, it's important to be aware that each entry into the U.S. under the VWP is at the discretion of the... View More

2 Answers | Asked in Immigration Law for Kentucky on
Q: Can my fiance from the UK get married to me in the US and adjust her status with ESTA?
James L. Arrasmith
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answered on Sep 24, 2023

Entering the US on an ESTA with the intent to marry and adjust status can be viewed as visa fraud by immigration authorities. If someone enters the US with the intention of getting married and staying permanently, the appropriate visa to seek is the K-1 fiancé(e) visa. If someone marries in the US... View More

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2 Answers | Asked in Immigration Law for Kentucky on
Q: Can my fiance from the UK get married to me in the US and adjust her status with ESTA?
Kevin L Dixler
Kevin L Dixler
answered on Sep 23, 2023

A non-immigrant visa waiver applicant at the airport who has immigrant intent should be denied admission as a matter of law. To better understand the legal process, I strongly recommend an appointment with a competent, ethical, and experienced immigration attorney before you take any further... View More

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1 Answer | Asked in Immigration Law for Kentucky on
Q: I have my master hearing INTERNET-BASED on March 18, 2024 for withholding removal do I need an attorney to represent me
James L. Arrasmith
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answered on Sep 21, 2023

Yes, it's advisable to have an attorney represent you at your master hearing for withholding removal. Immigration proceedings can be complex, and having legal representation can greatly improve your chances of presenting a strong case and understanding the legal process. An attorney can assess... View More

1 Answer | Asked in Immigration Law for Kentucky on
Q: can this be corrected?

In my labor certificate that was approved, the current worksite listed for my work experience was one of the branches of our hospitals where I was not working. It was in West Virginia. I work in Kentucky. The lawyer made a mistake. Can this be corrected or should we repeat the process all over... View More

James L. Arrasmith
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answered on Sep 3, 2023

Mistakes in an approved labor certification can be significant issues in immigration cases. It may be possible to correct the error, but this could involve communicating with the Department of Labor and potentially amending the labor certification. You should consult an immigration attorney as soon... View More

1 Answer | Asked in Immigration Law for Kentucky on
Q: Can we use the priority date of my first Perm? If so, in which stage should we try to use the old priority date?

Hi. So my employer messed up the first Perm that they filed for me(although it was approved already) no I140 filed after. In the current work experience part of Perm, they mistakenly put one of the branches of our hospitals where I was not working. It was in West Virginia. I am currently working in... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 12, 2023

They can use the PD of the first one if the I-140 was approved. Beneficiaries of approved I-140 petitions for the first, second and third categories may retain the priority dates of their approved petitions for any subsequently filed first, second and third category employment based petition.

2 Answers | Asked in Immigration Law, Divorce and Family Law for Kentucky on
Q: I am a 59 year old American man who married a Chinese woman from china, she is 54,

She came to the usa in 2019 on a K1 visa, we were married and applied for adjustment of status, we received a deny notice in April 2022 due to previous visa fraud issues on her part which I was unaware of, in September 2022 we received final denial of her AOS, once I explained to my wife what our... View More

Agnes Jury
Agnes Jury
answered on Dec 5, 2022

Ideally you should hire an attorney who practices both immigration and family law. This way the attorney will be able to make sure the grounds for the divorce are appropriate (limiting your wife's ability to sponsor herself for a green card) and protect you as to any potential spousal support... View More

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1 Answer | Asked in Immigration Law for Kentucky on
Q: Hi, I come with my mom when I was 16 years old. She got her green card because she admitted to US as a refugee

Now my question is if I want get my country passport because when I come here I was 16 years old so I think I don’t have refugee case on me because I am admit to US because of my mom can I get my country passport now I am 23 years old now and I have a petition for my wife I 30 if I get my country... View More

James L. Arrasmith
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answered on Oct 1, 2024

You can typically obtain your country’s passport without affecting your current immigration status in the U.S. Since you came to the U.S. as a minor accompanying your refugee-status mother, your situation is distinct from her refugee claim. Holding a passport from your home country usually does... View More

1 Answer | Asked in Immigration Law, Family Law and Child Custody for Kentucky on
Q: How do I terminate my former fiances rights to our daughter?

She is 10 months old and he left the country right after she turned 5. We didn't live together and he only came to see her a handful of times and has messaged me once since he left about her. He is on her birth certificate and she has both our last names but I would like to drop his... View More

Timothy Denison
Timothy Denison
answered on Jan 22, 2024

You will need to file a petition to terminate his parental rights in the Circuit Court of the county in which you reside.

1 Answer | Asked in Immigration Law for Kentucky on
Q: What do I need to ask for a girlfriend from Nicaragua?

What document and steps do I need to do?

T. Augustus Claus
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answered on Jul 26, 2023

To bring your girlfriend from Nicaragua to the United States, you can consider the K-1 fiancé visa or the CR-1/IR-1 spousal visa, depending on your situation.

1 Answer | Asked in Immigration Law for Kentucky on
Q: What should I do if my wife forgot to sign form I 130a

I filed forms I 130 and I 130a for my wife

Kyle K. Morishita
Kyle K. Morishita
answered on Oct 7, 2022

If you already submitted your forms, USCIS will likely mail you a Request for Evidence (RFE), which will request a completed and signed Form I-130A. At that time, you should comply with the instructions in the RFE.

1 Answer | Asked in Immigration Law, Divorce, Family Law and Child Support for Kentucky on
Q: I need find a lawyer agist him that fraud marriage
Timothy Denison
Timothy Denison
answered on May 4, 2022

Contact your local bar association or your local legal aid society. They maintain lists of lawyers who can help you.

2 Answers | Asked in Family Law and Immigration Law for Kentucky on
Q: Do I need an affidavit of single parenthood?

I am a single mom of my 4 year old daughter. I have been solely responsible for her care and upkeep since her birth. Her father refused vehemently to be part of our lives and to be listed on the birth certificate, so space for father was left vacant. I intend on relocating to Canada with my... View More

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 6, 2022

This is a question pertaining to Canadian requirements and therefore best posed to a Canadian immigration practitioner.

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