Ask a Question

Get free answers to your Immigration Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Michigan Immigration Law Questions & Answers
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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,...
View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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.

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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....
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Immigration Law for Michigan on
Q: What questions are likely to be asked at a 751 interview when it appears USCiS has strong concerns?

Had a surprise home visit. Wife had moved out a few months prior. 751 scheduled only two months after home visit. 797C asks for evidence of legitimacy of marriage since “adjustment of status.” How likely is it the interview will become aggressive, asking very personal questions, if we are still... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

In a Form I-751 interview, when USCIS has concerns, the questions will likely focus on the authenticity and history of your marriage. Expect inquiries about your relationship timeline, shared experiences, and reasons for any recent changes in living arrangements. They may ask detailed and personal... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: To divorce or not to divorce? (After file 751)

751 filed. Separated 4 months. Home visit by USCIS 3 weeks ago.. 40 year age difference. Wife left suddenly after finding a job (previously completely financially dependent on me). We are still discussing the next step for our marriage.

The answers I’ve received here and in face to face... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2023

In deciding whether to divorce or stay married for your wife's I-751 interview, it's crucial to consider the authenticity of your marital relationship as perceived by immigration authorities. If you choose to stay married and attend the interview while separated, it's important to be... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: I-797C just arrived in the mail scheduling a December interview, however there are complications.

Surprise home visit by USCIS officers two weeks ago. They discovered my wife and I had been separated for 3 months and living apart. It seems the interview was fast tracked after they filed their report as we only just submitted the 751 last year at the end of September. We both told the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2023

Given the circumstances you've described, it's important to approach the upcoming I-797C interview with a clear understanding of your current marital situation. The fact that you and your wife have been living apart and are still separated is a significant detail that will likely be a... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: My wife and I have been scheduled for a 751 interview. Should we both take bank statements from our individual accounts

We don’t have joint checking accounts or any other kind of joint financial records.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2023

For your upcoming Form I-751 interview, it's important to bring documents that demonstrate the bona fide nature of your marriage. Even if you don't have joint financial accounts, individual bank statements can still be relevant. These statements can show regular transactions that reflect... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: Sponsor affirms belief immigrant wife acted in good faith despite the fact she abruptly left the marriage 3 months ago.

USCIS makes a surprise home visit. They find the husband defends his wife leaving even though she left with out warning and hadn’t agreed to marriage counseling. After questioning the spouse, agents learn he paid for everything throughout the marriage and his wife was saving her money. The... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

USCIS is tasked with assessing the authenticity of marriages for immigration purposes. In situations like the one you've described, even if the U.S. citizen sponsor maintains that the marriage was entered into in good faith, USCIS may have concerns based on the evidence and behaviors observed.... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: What happens after a surprise home visit by USCiS especially if the visit created more issues?

Will the couple be given an opportunity to correct any misunderstandings, provide additional support material? This is after filing the 751 but before a 751 interview occurred.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

After a surprise home visit by USCIS, if the visit raised issues regarding the validity of a marriage, the couple typically has the opportunity to address these concerns. The couple may be asked to provide additional evidence to support the legitimacy of their marriage. This could happen through a... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: Is filing for divorce a good idea after USCIS officers have made a surprise home visit?

We are married, but separated in July. I planned on going with my wife to her I-751 interview even if we didn’t reconcile. She didn’t notify USCIS of her change of address, and two officers arrived for a home visit. They were surprised to learn we were separated. They interviewed me and then... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

Decisions surrounding divorce are significant and can indeed impact an I-751 application, as the petition is to remove conditions on residence based on marriage to a U.S. citizen.

Filing for divorce may raise questions regarding the bona fides of the marriage, especially if the timing...
View More

1 Answer | Asked in Immigration Law for Michigan on
Q: Should I agree to tell a USCIS officer that my wife and I separated because our marriage had become emotionally abusive?

We separated after she filed her I-751. USCIS conducted a home visit and she told them she left to work on being “mentally stable.” She didn’t file for divorce and she planned on filing for citizenship to speed up the 751 process. But the home visit scared her and she is worried USCiS... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

In addressing USCIS, it is critical to be truthful. If emotional abuse was a factor in the separation, it is appropriate to convey this information. However, consistency in your narrative is important. A sudden introduction of claims not previously mentioned could indeed arouse suspicion.... View More

2 Answers | Asked in Immigration Law for Michigan on
Q: If the American citizen sponsor of a I-751 petitioner is asked to attend a follow up interview what should he expect?

Surprise USCIS home visit by two agents. They find the couple unexpectedly separated for 3 months. They interview both the petitioner and her sponsor in their separate homes. Two days later they contact the American sponsor and ask to meet again for follow up questions. How bad has the... View More

Kevin L Dixler
Kevin L Dixler
answered on Nov 2, 2023

It seems that no effort was made to update the USCIS, but there is likely a reason why the USCIS referred the matter to the Fraud Unit for investigation. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. A finding... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.