Get free answers to your Immigration Law legal questions from lawyers in your area.
My program end date is May 15 and I worked on campus for a professor doing research. At the end of the month, he is presenting at a conference and would like me to come and also help present. Do I need to be on OPT for this with my EAD start date at that time or can I help present without being... View More

answered on Jan 18, 2024
Under U.S. immigration rules for F1 visa students, participating in a research conference doesn't typically require you to be on Optional Practical Training (OPT), especially if you're not being paid for this specific activity. Your role as a presenter at a conference is generally... View More
I am currently on a F1 visa studying data science and thinking of voluntering at a Chinese American Museum. Although the volunteer role would be unrelated to my studies, I did a lot of undergrad research and publishing on Chinese culture while in my home country (UK). The role would be purely... View More

answered on Jan 11, 2024
Volunteering in the United States while on an F1 visa can be a great opportunity to engage with the community and gain new experiences. However, it's important to understand the regulations surrounding such activities to ensure compliance with your visa status.
In your case,... View More
We've been in a relationship for almost 5 years I have videos of the abuse and after we break up she and her brother stated that if i ever go back to my country they will get me killed.

answered on Jan 8, 2024
Mikael, I'm sorry to hear about your situation. Experiencing domestic violence is a serious matter, and it's important to know that there are legal protections available to you.
Regarding your citizenship query, being a victim of domestic violence does not automatically qualify... View More
My fiancé applied for eb2 niw and the I-140 has been approved. Although he is in the United States, he submitted an Immigration visa proceeding (ivp) application through Consular in December 2023. We plan to get married in the United States in the next few months. Since we Coming from different... View More

answered on Dec 30, 2023
If your fiancé has an approved I-140 under the EB-2 NIW (National Interest Waiver) category and has filed for an Immigration Visa Proceeding (IVP) through consular processing, there are options for you to apply for a green card after getting married.
Once you are married, you can be added... View More

answered on Dec 3, 2023
In Massachusetts, employment is generally at-will, which means an employer can terminate an employee for any reason or no reason at all, as long as the reason is not illegal. However, being arrested and having a trial that ends in a not guilty verdict doesn't automatically protect you from... View More

answered on Dec 3, 2023
I think that you may have a case against your employer. Possibly for terminating you before you were able to exonerate yourself against allegations of committing a crime. In addition, there are statutes in In some states, nuch like New York that would address an employer terminating an employee... View More
Husband is on J1 visa, I am on J2. Husband got a new job offer that sponsors O1 visa. We are applying for O1/O3 visas. At the same time TPS has been extended for my country. I want to apply for TPS so I can have EAD. I understand if I work with EAD From TPS While on O3, I will be forgoing the O3. I... View More

answered on Nov 20, 2023
In your situation, where you're considering switching from an O-3 visa to Temporary Protected Status (TPS) to obtain an Employment Authorization Document (EAD), it's important to understand the implications of this change on your immigration status. If you opt for TPS and use the EAD to... View More
Some of my family members are going through the process of becoming dual citizens of Cuba and Spain under the Spanish Law of Democratic Memory. For those of us that are naturalized US citizens, do we lose our US citizenship if we accept the Spanish?

answered on Nov 19, 2023
As a naturalized U.S. citizen, you can apply for Spanish citizenship under the Law of Democratic Memory (Nietos Law) without automatically losing your U.S. citizenship. The U.S. allows dual citizenship, which means you can be a citizen of both the U.S. and another country, like Spain, without... View More
Hi, I am currently in the US on a J2 visa (my husband is J1). We are in the process of switching to O1 (husband) and O3 for myself. In addition TPS has been extended for my country till June 2025. O3 does not offer any possibility of employment. I will like to apply for TPS so that I can be... View More

answered on Nov 19, 2023
In your situation, it's important to understand that holding O3 status and applying for Temporary Protected Status (TPS) are independent processes. If you are granted TPS while on an O3 visa, you have the flexibility to choose which status to maintain. TPS comes with employment authorization,... View More
Husband and I are from Cameroon. We are currently on J1 (him) and J2 (myself) visas. He got an offer for a new job that is sponsoring his O1 visa. I would be getting an O3. We will be filing the O1/O3 visa applications by end of November 2023. Meanwhile TPS has been extended till June 2025 for our... View More

answered on Nov 18, 2023
Deciding between TPS (Temporary Protected Status) and an O-3 visa depends on your immediate needs and long-term plans. TPS allows you to work in the U.S. with an Employment Authorization Document (EAD), but it is temporary and dependent on the continued designation of Cameroon for TPS.
If... View More
I was in court proceedings in Boston and court was closed. I was waved in into the US back in 2006 but didn't get a passport stamp. Suddenly, i was in court! They said that i said I entered illegally but is not true.
My son petitioned me in 2018. I submitted my AOS then. After court... View More

answered on Nov 18, 2023
Being paroled into the U.S. after traveling with advanced parole generally means you are in a period of authorized stay, but it does not in itself confer legal status. Your status is dependent on the progress and outcomes of your immigration applications and petitions.
If your Adjustment of... View More

answered on Nov 18, 2023
Eligibility for derived citizenship in the United States can be a complex matter and depends on various factors, including your age, your relationship to the U.S. citizen relative, and your immigration status. In general, derived citizenship through grandparents is not commonly provided under U.S.... View More

answered on Nov 17, 2023
Children under the age of 18 automatically gain U.S. citizenship by law (derivative US citizenship)when the following 3 conditions are met:
* The child holds U.S. lawful permanent resident status, commonly referred to as being a “green card” holder.
* At least one of the... View More
I am an international student with an F-1 visa, and I recently had a temporary harassment prevention order filed against me by my landlord in Massachusetts. The order was based on a one-sided story, and after a hearing, it was terminated after 10 days. I have had no interactions with immigration... View More

answered on Mar 20, 2025
A terminated harassment prevention order that lasted only 10 days will likely have minimal impact on your F-1 status. Since the order was dismissed after a hearing, it suggests the claims weren't substantiated, which works in your favor. Immigration authorities are primarily concerned with... View More
I am currently on a conditional green card, obtained through marriage, and have applied for the I-751 removal of conditions, with the application pending since November 2023. As I prepared to apply for citizenship using the N-400 form, I noticed that my name is incorrectly listed on my green card,... View More

answered on Mar 20, 2025
It's important to address the name discrepancy before submitting your N-400 application. USCIS may see the mismatch as a potential issue, which could cause delays in your naturalization process. Since your I-751 is still pending, you have an opportunity to request a correction before moving... View More
I am a green card holder for over 6 years with no criminal history. I plan to travel to Paris this April. I have not received any notices or requests from USCIS regarding my green card status, but I'm worried that I might not be able to re-enter the U.S. due to administrative changes. Could I... View More

answered on Mar 20, 2025
As a green card holder for over six years with no criminal history, you should generally have no issues re-entering the U.S. after your trip to Paris. U.S. Customs and Border Protection (CBP) officers may ask about the purpose and length of your trip, but as long as you have not been outside the... View More
I have an IR2 green card, which I obtained through my step-dad bringing me to the U.S. It's been three years since I received it. I'm considering marrying a U.S. citizen and would like to know if this marriage will affect my legal status or any conditions of my current green card.... View More

answered on Mar 9, 2025
Your IR2 green card status, obtained through your stepfather, typically doesn't carry conditions related to marriage, unlike certain other family-based green cards. Since you've already held your IR2 green card for three years, getting married to a U.S. citizen will not negatively impact... View More
I know a child from Haiti who has been living in the U.S. for four years and is currently under the guardianship of a U.S. citizen, but the child does not have citizenship. The child is 12 years old, and no legal action or application has been filed to adjust their immigration status. Is the child... View More

answered on Mar 6, 2025
Hello,
If the minor child is out of status, Immigration and Customs Enforcement can initiate removal proceedings against them. Has the US citizen guardian considered adopting the child?
I want to know if Dominicans born abroad to Dominican parents can lose their Dominican citizenship due to treason, or are they immune due to jus sanguinis?

answered on Feb 24, 2025
Under Dominican law, if you were born abroad to Dominican parents, you are considered a Dominican citizen by blood (jus sanguinis) and hold a protected status. This status grants you strong constitutional safeguards regarding your citizenship.
The Dominican Constitution makes a clear... View More
I arrived in the U.S. on September 16, 2024, under the United for Ukraine (Ukrainian Humanitarian Parole) and have been in the U.S. without leaving for 152 days. I have received a Social Security Number and Employment Authorization but have not worked or earned any income in the U.S. I have no... View More

answered on Feb 16, 2025
Given your situation as a Ukrainian humanitarian parolee who hasn't earned U.S. income during your stay, you aren't required to file any IRS tax forms for the 2024 tax year since you haven't met the substantial presence test yet.
Your tax obligations will change once you meet... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.