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Michigan Immigration Law Questions & Answers
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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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

T. Augustus Claus
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answered on Feb 7, 2024

In the context of U.S. immigration law, especially for Michigan or any other state, having debts or being behind on child support can impact the application process for a marriage or fiancé(e) visa, but not always directly in terms of eligibility. The primary concern for these visa categories,... View More

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3 Answers | Asked in Immigration Law for Michigan on
Q: I came to the United States of America on a B1/B2. I was given 6 months period to stay. I stayed for 6 months.

Then I applied for a visa extension and my application was denied. So basically I overstayed my visa. I am getting married to a US citizen. Am I able to file for adjustment of status in the US?

James L. Arrasmith
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answered on Jan 25, 2024

If you entered the United States with a valid B1/B2 visa and have since overstayed, your situation is complex but not without options. Marrying a U.S. citizen may provide a path for adjusting your status to that of a lawful permanent resident.

When you marry a U.S. citizen, they can file a...
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2 Answers | Asked in Divorce and Immigration Law for Michigan on
Q: I’m on political asylum status residing in MI. Do I need an immigration lawyer to divorce us?

She resides in Florida and I in Michigan.

Brian Chase Malone
Brian Chase Malone
answered on Jan 6, 2024

Good Morning,

If you seek to divorce your spouse, your primary attorney filing the divorce should 100% be a divorce attorney; however, if you have concerns about your wife's legal status if she has a pending beneficiary petition, or any other immigration issues at play, I would...
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2 Answers | Asked in Divorce and Immigration Law for Michigan on
Q: I’m on political asylum status residing in MI. Do I need an immigration lawyer to divorce us?

She resides in Florida and I in Michigan.

James L. Arrasmith
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answered on Jan 4, 2024

You may not necessarily need an immigration lawyer to proceed with a divorce, as immigration status generally does not affect the divorce process itself. Divorce proceedings are typically handled under state law, and since you reside in Michigan, you would typically follow Michigan's divorce... View More

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3 Answers | Asked in Immigration Law for Michigan on
Q: I'm a US Citizen and I want to petition my brother to come the USA but he's married. Can i still petition for him?

My brother is married but I want to bring him to the USA but I read somewhere that I can't but I also read that if you're a Citizen then you can. Can i petition him and his kid?

James L. Arrasmith
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answered on Jan 1, 2024

As a U.S. citizen, you have the option to petition for your brother to immigrate to the United States, even if he is married. The fact that your brother is married does not disqualify him from being eligible for a family-based immigrant visa.

When you file a petition for your brother,...
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1 Answer | Asked in Contracts, Family Law and Immigration Law for Michigan on
Q: how do i sue my sponsor?

my wife was recently arrested for dv and the judge issued a no contact order. the charges lead to her family blaming me and now they refuse to help me with the bare minimum. they are also trying to force me out of the country before my wifes trial where i wish to attend to help my wife.

My... View More

James L. Arrasmith
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answered on Jan 1, 2024

In your situation, where you feel that your rights under an immigration sponsorship agreement are being violated, it's important to understand the legal obligations of a sponsor. When someone sponsors an immigrant, they sign an Affidavit of Support, which is a legally enforceable contract with... View More

2 Answers | Asked in Immigration Law for Michigan on
Q: i forgot to change address with USCIS and changed it later than 10 days. will it affect my Citizenship application?
James L. Arrasmith
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answered on Dec 20, 2023

It's important to update your address with USCIS within 10 days of moving, as required by law. However, if you've already updated your address later than this timeframe, it's unlikely to have a significant impact on your citizenship application.

USCIS generally understands...
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2 Answers | Asked in Domestic Violence and Immigration Law for Michigan on
Q: Immigration query - domestic violence case.

Five years ago, I went through a divorce from my husband, who was in the United States on a visitor's visa. This decision was prompted by a troubling history of domestic violence. At the time, I held an F1 visa, and he was my dependent. Our marriage had initially taken place in the U.S. After... View More

James L. Arrasmith
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answered on Nov 26, 2023

Given your history of domestic violence and ongoing concerns for your safety, it's important to understand the options available to you in the United States. As a student on an F1 visa, you have certain protections and avenues you can explore.

First, consider reaching out to the...
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1 Answer | Asked in Immigration Law for Michigan on
Q: Risk of detention or reentry denial for green card holder traveling to Peru

As a green card holder who has maintained permanent resident status in the USA for over 15 years, and with no pending legal issues or immigration concerns, am I at risk of being detained or not allowed reentry into the USA after traveling to my home country of Peru for a week or two?

James L. Arrasmith
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answered on Mar 31, 2025

As a green card holder who has maintained your permanent resident status for over 15 years with no pending legal issues, your risk of detention or reentry denial after a short trip to Peru is minimal. The law generally protects lawful permanent residents who make brief trips abroad and maintain... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: What is the ICE exclusionary period for an aggravated felony?

I was incarcerated for over 12 months in a penitentiary for an offense considered an aggravated felony for immigration purposes. The last offense occurred in 1997, and I served the minimum time with parole guidelines maintained. I was adopted as an adult and had temporary residence as a derivative... View More

James L. Arrasmith
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answered on Mar 28, 2025

I understand you're facing a challenging immigration situation with your aggravated felony conviction from 1997. Immigration consequences for aggravated felonies are unfortunately among the most severe in U.S. immigration law, and typically result in permanent inadmissibility rather than... View More

1 Answer | Asked in Criminal Law and Immigration Law for Michigan on
Q: Legal outcomes for foreign student on trial in Michigan with no bail. What happens if found guilty, partially guilty, or not guilty?

I have a friend, 'A,' who is a foreigner in the USA on a student visa and is currently in Livingston County Jail, facing charges of false pretenses, conspiracy, and using a computer in a criminal act. She is preparing for trial with a court-appointed lawyer but has no money for bail and... View More

James L. Arrasmith
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answered on Feb 22, 2025

I understand you're worried about your friend's situation - it's a complex and stressful time for everyone involved. Let me help explain the potential outcomes.

If your friend is found not guilty, she can likely continue her studies under her existing student visa, though she...
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1 Answer | Asked in Criminal Law and Immigration Law for Michigan on
Q: Timeline for sentencing after plea bargain for class E felony?

I'm seeking information about the timeline for sentencing after a plea bargain agreement for a class E felony. The defendant faces 7 felonies related to the violation of an unclothed minor, with a final hearing before sentencing scheduled in 2 weeks. The plea bargain has not yet been accepted... View More

James L. Arrasmith
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answered on Feb 19, 2025

The timeline for sentencing after a plea bargain varies by jurisdiction and specific case circumstances, but I'll help you understand what typically happens.

Once the judge accepts the plea agreement at the final hearing, they usually schedule the sentencing hearing within 30-90 days....
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1 Answer | Asked in Immigration Law for Michigan on
Q: Question regarding potential issues at the time of H1B transfer or change of status.

I am working on H1B visa. In the year 2023, my employer was facing a financial crunch, I was afraid of getting laid off. Hence, I decided to do part-time voluntarily for a few months thinking this way company could retain my position. I didn't want to be a financial burden on my company.... View More

James L. Arrasmith
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answered on Jan 7, 2025

Working less hours than specified in your H1B petition could potentially be considered a status violation, since the visa terms require maintaining the employment conditions outlined in your I-129. While your intentions were admirable in trying to help your employer, reducing hours without filing... View More

2 Answers | Asked in Immigration Law for Michigan on
Q: Inquiry about potential negative impact of previous rejections due to procedural errors

I hired an immigration attorney this year to handle my green card application through marriage. However, when my attorney submitted my green card application, the first time he used outdated forms, the second time he did not submit the correct amount of payment, resulting in two rejections. Now I... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 17, 2024

No. But consider working with a competent immigration lawyer. Some of us charge a very affordable flat fee and do a great job! Immigration lawyers can represent clients anywhere in the US.

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1 Answer | Asked in DUI / DWI and Immigration Law for Michigan on
Q: Not allowed entry into Canada and I must go through Criminal Rehabilitation.

I have had three DUIs, the last DUI was 7 years ago and have completed probation. I was told that it would take 10 months and I would like to do this myself. Thank you

James L. Arrasmith
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answered on Aug 22, 2024

If you have three DUIs and want to enter Canada, you will likely need to go through the process of Criminal Rehabilitation. Since your last DUI was seven years ago and you've completed probation, you're eligible to apply. It's important to gather all relevant documents, including... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: Some questions related to change of status from H1 to F2 and H4 to F1.

Can we start school while the change of status (H4 to F1) decision is pending?

After the change of status (H4 to F1) is approved, can we stay in the US until the school starts? Let's say It is approved 2 months before the school's start date.

Can the changes of status (H4... View More

James L. Arrasmith
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answered on Aug 20, 2024

Yes, you can begin your studies while your change of status from H4 to F1 is pending. However, you will not be eligible for F1-specific benefits, such as working on campus or applying for CPT/OPT, until your F1 status is approved.

Once your F1 status is approved, you can remain in the U.S....
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1 Answer | Asked in Employment Law and Immigration Law for Michigan on
Q: Can I work on F1 visa OPT for a professor remotely?

I graduated in May from a University in Texas and now I am on OPT period. I now live in Michigan state. I know a professor from Minnesota University who is willing to offer unpaid internship or volunteer letter to work on a project for 20+ hours a week that is related to my degree. The work will be... View More

James L. Arrasmith
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answered on Aug 20, 2024

Yes, you can work remotely for a professor on OPT, but there are a few key points to consider. The work must be directly related to your degree, which you've indicated it is, and you must report this employment to your designated school official (DSO) to maintain your OPT status. The position... View More

1 Answer | Asked in Education Law, Employment Law and Immigration Law for Michigan on
Q: How can I legally become a physicist in the U.S. after obtaining my education in the U.S.

I am a H4 visa holder which depends on my dad's H1B visa. I am 14 years old, go to a public school in the U.S., and want to eventually get a job in the U.S. as a physicist. I want to do so by first completing my highschool studies, getting into a university, get a bachelor's degree, a... View More

James L. Arrasmith
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answered on Jul 30, 2024

To achieve your goal of becoming a physicist in the U.S., you’ll need to transition from your H4 visa to a student visa. After high school, you can apply for an F-1 student visa to attend a university. This visa will allow you to stay in the U.S. for the duration of your studies, including your... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: Hi on the i-129f does the U.S. petitions background check has to be done and cleared before send to NVC ?
James L. Arrasmith
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answered on Jul 18, 2024

No, the U.S. petitioner's background check does not have to be completed and cleared before the I-129F petition is sent to the National Visa Center (NVC). The background check is part of the process but isn't required to be fully completed before the petition moves forward to the NVC.... View More

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