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Michigan Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law and Divorce for Michigan on
Q: Can my ex-wife's green card be revoked for using me to get it?

I am a naturalized American citizen. I married a foreign lady in December 2021 and applied for a spousal visa. We had our wedding in February 2024, and she moved to the USA with me. Shortly after, she changed completely and we went back to our original home country to get a divorce. She first... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 18, 2025

OK, so if your wife received the permanent 10 year card, as opposed to the conditional two year card, then it will be difficult for her to lose it. So if three years went by after you got married until she received her green card , it’s most likely that she has received the permanent card. If... View More

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2 Answers | Asked in Immigration Law for Michigan on
Q: Effects of canceling a CR-1 visa application on future applications.

If my spouse (who is Japanese) and I, a US citizen, apply for the CR-1 visa but end up canceling our application during the process, will it affect our chances of obtaining a spouse visa in the future? We are considering a potential move to Japan by the end of 2025 due to my mother-in-law's... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 14, 2025

If you withdraw your application, you can always re-file. People that do this have stricter scrutiny applied to their second application only because the assumption is that the couple broke up. However, if you have a good explanation and can support that with documentation that proves why you... View More

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3 Answers | Asked in Immigration Law for Michigan on
Q: I’m married to an American citizen but I’m out of status, if I apply for a C-485 can I still be deported?

I would like to know if I can be deported if I’m in the middle of a green card process and have the application receipt

Gabriel V. Triculescu
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Gabriel V. Triculescu
answered on Feb 5, 2025

If married to a US Citizen, you may apply for I-485 (not C-485!) if you have entered the US with a visa other than C1/D (crewman visa). If you've entered without inspection, I-485 Adjustment of Status is not an option.

If you can file an I-485 Adjustment of Status Application as the...
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1 Answer | Asked in Criminal Law and Immigration Law for Michigan on
Q: I am a non-US citizen with a bench warrant from Mass. If a court vacates my warrant, can I get through US customs?

A lawyer said they would file a motion to dismiss the warrant and set a new court date and that I had a very good chance of getting the warrant dismissed. Once the warrant was dismissed, could I fly into the US to attend my court date? Or do I risk being stopped by US customs and sent back to my... View More

James L. Arrasmith
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answered on Jul 20, 2024

If your warrant is vacated, it significantly improves your chances of entering the US. However, entry is not guaranteed. Even with the warrant dismissed, US customs can still conduct their own review and may take your past charges into consideration.

When traveling to the US, bring all...
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1 Answer | Asked in Family Law, Immigration Law and Domestic Violence for Michigan on
Q: move to states with abusive partner (American) and kids. She put all funds in her account and wants me out, what to do?

I am writing to seek urgent legal assistance regarding my current situation. I recently moved to the United States with my wife and our two daughters. Before moving, I was the primary caregiver for our children and managed our home while also working, as my wife attended medical school.

Our... View More

James L. Arrasmith
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answered on Jun 27, 2024

This is a complex and concerning situation involving multiple legal issues. Here's an overview of some key points to consider and potential steps you might take:

1. Immigration Status:

- Without a valid visa or green card application in process, your immigration status is...
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1 Answer | Asked in Immigration Law and International Law for Michigan on
Q: I changed status from B-2 to F-1.If I go to my home country now can I convert F-1 status to F-1 visa? Can I do dropbox

I applied for a change of status to attend classes this Fall semester. Now I want to visit my home country during winter break. So with the F-1 status if I go back to my home country; I will need a F-1 visa to return to the USA. Can I get the visa with my F-1 status or is it non permissible to... View More

James L. Arrasmith
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answered on Jun 26, 2024

Here's an overview of the situation and the key points to consider:

1. Change of status from B-2 to F-1:

You've already changed your status within the US from B-2 (tourist) to F-1 (student). This change of status is valid only within the US.

2. Traveling outside...
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1 Answer | Asked in Immigration Law for Michigan on
Q: I need to submit F-1 pending I-130? What are my chances?

I have my original F-1 in 2019 and after finishing Bachelors I moved to a postgrad with valid I-20. My original visa ends in another 2 months. My mother, LPR submitted an I-130 for me last year. Now my research work needs international visits and I need to go home and get new F-1 stamp. How should... View More

James L. Arrasmith
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answered on May 13, 2024

Applying for a new F-1 visa while having a pending I-130 petition can be challenging because the F-1 visa requires proof of non-immigrant intent, while the I-130 indicates immigrant intent. To improve your chances, you need to demonstrate that your primary goal is to complete your studies and... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: I got my reinstatement denied

On December 8, 2023, you filed a Form I-539, Application to Extend/Change Nonimmigrant Status with U.S. Citizenship and Immigration Services (USCIS).

After careful review and consideration of the entire record, your Form I-539 is denied for the reason(s) discussed below.

Section... View More

James L. Arrasmith
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answered on May 2, 2024

I'm sorry to hear that your Form I-539 application to extend or change your nonimmigrant status was denied. This can understandably be frustrating and disappointing.

The reasons cited for the denial appear to be based on your current status as a parolee. The Immigration and...
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1 Answer | Asked in Immigration Law for Michigan on
Q: Can I enter the USA on L 1 B visa while married to a USC? I intend to apply for a green card after being in the US for a

I am a Canadian citizen who is getting married in November 2024 to a USC. My employer wants me to start a job in January 2025 in the States. My employer is going to sponsor me on an L1 visa, as a I meet all of the requirements for it. Will this be an issue applying for this visa after I am married... View More

James L. Arrasmith
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answered on Apr 30, 2024

As a Canadian citizen married to a U.S. citizen (USC), you should be able to enter the United States on an L-1B visa without facing any significant issues, even after getting married. The L-1B visa is a nonimmigrant visa that allows intracompany transferees with specialized knowledge to work in the... View More

2 Answers | Asked in Immigration Law and Domestic Violence for Michigan on
Q: If my husband filed for VAWA and made up a few things about me; is it possible he will get his papers?

My husband filed for a VAWA. He made up a few things about me when he spoke to his lawyer. I found this out because he asked me for help on one of his papers. Obviously, I read everything and got angry. Some of things he said was true but some were false. He made this ugly character of me. I was... View More

James L. Arrasmith
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answered on Apr 20, 2024

I'm sorry to hear about the difficult situation you're going through. It's important to address the complexities of your husband's VAWA (Violence Against Women Act) application, especially since it involves false accusations. Whether his application will be successful can depend... View More

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1 Answer | Asked in Immigration Law and Education Law for Michigan on
Q: I am an F1 visa student in my OPT period right now can I work remotely for a US-based company for a commission-based job
James L. Arrasmith
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answered on Apr 17, 2024

As an F1 visa student currently in your Optional Practical Training (OPT) period, there are some important considerations regarding your employment options:

1. Your employment must be directly related to your field of study.

2. You can work for a US-based company, but the company...
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1 Answer | Asked in Immigration Law for Michigan on
Q: My dear friend Juan's visitor Visa expired in April of 2023. He has a ticket to appear in court Wednesday

We would like information on what we need to do for his upcoming hearing. He was ticketed at the tunnel border crossing to Canada in Detroit Michigan

James L. Arrasmith
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answered on Mar 24, 2024

For your friend Juan's upcoming court hearing related to his visa situation, it's essential to gather all relevant documents first. This includes any paperwork related to his visa, the ticket received at the border, and any other legal or identification documents. Preparing a detailed... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: A friend has an expired visa and was ticketed by the tunnel border crossing and has court Wednesday what should we do
James L. Arrasmith
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answered on Mar 24, 2024

If your friend has been ticketed for crossing the border with an expired visa and has a court date set, it’s crucial to take immediate action. The first step should be to gather all relevant documents, including any proof of the initial visa, identification, and any correspondence related to the... View More

3 Answers | Asked in Immigration Law for Michigan on
Q: I already have a US tourist visa, can I marry a US citizen in my country and travel to US without revealing the marriage
Kevin L Dixler
Kevin L Dixler
answered on Feb 25, 2024

One of the worst ways to end an engagement is to indefinitely disqualify yourself for lawful immigration. Affirmatively lying to the US government is a problem.

The information provided by these two attorneys is consistent. However, getting into a mess as a result can prove heartbreaking....
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3 Answers | Asked in Immigration Law for Michigan on
Q: I already have a US tourist visa, can I marry a US citizen in my country and travel to US without revealing the marriage
James L. Arrasmith
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answered on Feb 25, 2024

No, you should not attempt to conceal your marriage from US immigration authorities if you travel to the US after getting married, even if you already have a tourist visa. Here are a few reasons why:

1. That would constitute visa fraud. When entering on a tourist visa, you have to...
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3 Answers | Asked in Immigration Law for Michigan on
Q: I already have a US tourist visa, can I marry a US citizen in my country and travel to US without revealing the marriage
Stephen Arnold Black
Stephen Arnold Black
answered on Feb 25, 2024

A tourist visa allows the foreign national only to temporarily visit the US and return home. If your intention is to visit the US on a B visa and then adjust status to get your green card, that would be immigration fraud. However, if your intent is to just visit but after you enter the US you later... View More

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1 Answer | Asked in Immigration Law for Michigan on
Q: Dual citizen files what motion for judge to declare name changed by marriage years ago in MI?

My wife has dual citizenship and needs to update a Russian passport that still has her maiden name. Both US and Russian passports should match. The Michigan Marriage License with Apostille is not sufficient for the Russian consulate. They claim nothing on the MI marriage license states her name... View More

James L. Arrasmith
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answered on Feb 22, 2024

It seems like you're facing a bureaucratic hurdle in getting your wife's Russian passport updated to reflect her married name, despite her legally changing her name through marriage in Michigan. To address this, you may need to file a motion with the court requesting a formal declaration... View More

2 Answers | Asked in Family Law and Immigration Law for Michigan on
Q: What steps are needed for a U.S. citizen to marry an ecuadorian?

This is probably a long shot to get help but I want to marry my Ecuadorian fiance in Ecuador. I understand some of things I need to do before we marry but from one person says I need to become an ecuadorian citizen and get a cédula. Another is my fiance has two daughters and he needs a sworn... View More

James L. Arrasmith
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answered on Feb 21, 2024

Navigating the process of marrying a foreign national can indeed seem daunting, but it's essential to gather accurate information to proceed smoothly. Firstly, you typically do not need to become an Ecuadorian citizen to marry in Ecuador. However, you may need to fulfill specific requirements... View More

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3 Answers | Asked in Immigration Law, Child Support and Family Law for Michigan on
Q: Does having debts or is behind on child support hinder in the acceptance of a marriage or fiance visa?

I have an ecuadorian boyfriend and we wish to marry but one,we can't decide between the marriage or fiance visa and two, will his debts give him a denial. Also the marriage visa asks for a beneficiary/sponsor and is that necessary? Can I be his sponsor? I'm a little overwhelmed and... View More

James L. Arrasmith
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answered on Feb 22, 2024

Debts or being behind on child support can potentially affect the acceptance of a marriage or fiancé visa, as they may raise concerns about financial stability and ability to support oneself or a family member in the United States. However, each case is evaluated individually, and the impact of... View More

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3 Answers | Asked in Immigration Law, Child Support and Family Law for Michigan on
Q: Does having debts or is behind on child support hinder in the acceptance of a marriage or fiance visa?

I have an ecuadorian boyfriend and we wish to marry but one,we can't decide between the marriage or fiance visa and two, will his debts give him a denial. Also the marriage visa asks for a beneficiary/sponsor and is that necessary? Can I be his sponsor? I'm a little overwhelmed and... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 7, 2024

The fiancé visa and the spousal visa process at about the same speed. You can marry in Ecuador and begin the processing state side. If you don’t have the minimum level of income or assets to sponsor him, you can engage a joint sponsor.

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