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Minnesota Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Minnesota on
Q: I have a pending asylum case and a pending TPS case. Can I till apply for H1-B or EB - 2 NIW .
John Akwuba
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answered on Sep 25, 2024

Yes, it is possible to apply for an H-1B visa or an EB-2 National Interest Waiver (NIW) while having a pending asylum case or Temporary Protected Status (TPS). However, there are important considerations to bear in mind:

1. H-1B Visa:

• Maintaining Status: In order to apply for an...
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2 Answers | Asked in Immigration Law for Minnesota on
Q: I need to find out the total timeline for my fiancé from Peru, to get her K1 visa

I live in the United States and I am a college student. I want to bring her her so we can get married. I am trying to find the fastest way to get her a visitors permit or visa

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 28, 2024

The first step is you file the I 129F, and then, once that is approved at the California service Center, the file is sent to the national visa center (NVC) in New Hampshire for additional processing. When they are finished, they will send the file over to the US consulate in Lima Peru for final... View More

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2 Answers | Asked in Immigration Law for Minnesota on
Q: I am Mexican, I have a visitor visa. How can I move in with my MN based boyfriend?

I am currently in Mexico right now. We have been together for almost three years now (long distance) and it’s time we settled down for good to start building our lives together, I’d like to know what are my options to make it work? Thank you!

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 18, 2024

If you’re inside the US, he can sponsor you to adjust status for your green card after you get married. There is an issue of “intent” when you enter the US with a visitor visa as to whether you’re intending to visit or stay permanently. Sometimes the officer will ask you questions and look... View More

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2 Answers | Asked in Immigration Law for Minnesota on
Q: I am Mexican, I have a visitor visa. How can I move in with my MN based boyfriend?

I am currently in Mexico right now. We have been together for almost three years now (long distance) and it’s time we settled down for good to start building our lives together, I’d like to know what are my options to make it work? Thank you!

James L. Arrasmith
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answered on Jun 18, 2024

As a Mexican citizen with a U.S. visitor visa, you have a few options for moving in with your boyfriend in Minnesota, but it's important to follow the proper legal procedures. Here are some possibilities:

1. Get married: If you and your boyfriend decide to get married, you can apply...
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1 Answer | Asked in Immigration Law for Minnesota on
Q: What evidence to send for unpaid internship if I get an RFE for employment history when applying for STEM OPT?

I'm on F1 OPT now applied for STEM OPT. On initial OPT I have had two unpaid internship experiences, but all I have is employment verification letter from my previous employer stating my title, dates, hours, etc. If I get an RFE for employment history on STEM OPT, is this evidence enough? What... View More

James L. Arrasmith
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answered on Jun 3, 2024

If you receive a Request for Evidence (RFE) for your employment history while applying for STEM OPT, having employment verification letters from your previous employers is a good start. These letters should include your job title, dates of employment, hours worked, and a description of your duties.... View More

1 Answer | Asked in Immigration Law for Minnesota on
Q: My tourist visa ends 31st May, I applied for extension on May 1, says case was recieved, Do I have to leave the country

I got the I797C reciept online got the proof my extension submitted but still say case was recieved I am just wondering that if I dont get approval before my legal status ends here Do I need to leave?

James L. Arrasmith
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answered on May 9, 2024

Based on the information you provided, it seems that you have applied for an extension of your tourist visa before your current authorized stay expires on May 31st. Receiving the I-797C Notice of Action is an acknowledgment that USCIS has received your application.

In most cases, if you...
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1 Answer | Asked in Immigration Law for Minnesota on
Q: Can I apply for citizenship if I have a 5th-degree assault charge for 8 years ago, no arrest occurred?

I'm a Green Card holder for almost 10 years, I have a 5th-degree assault charge for 8 years ago; no arrest occurred, and a normal traffic ticket for an accident. Will I be disqualified if I apply for citizenship?

James L. Arrasmith
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answered on Mar 15, 2024

If you're considering applying for citizenship and you have a history that includes a 5th-degree assault charge from eight years ago, without any resulting arrest, and a minor traffic violation, these incidents could impact your application, but they don't automatically disqualify you.... View More

1 Answer | Asked in Immigration Law for Minnesota on
Q: Applied for VISA slot in March 2024 however my employer got changed before that. How to update DS160. Please guide me

In October 2022, my visa status changed from F1 to H1B. Recently, I applied for a visa appointment in India through the DS160 form, submitted in August 2023. I have paid the visa fees and secured a slot for March 2024, opting for the DROPBOX option.

Subsequently, I have accepted a new job,... View More

James L. Arrasmith
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answered on Dec 12, 2023

In your situation, updating the DS-160 form to reflect your new employment is essential. Since you've already submitted the DS-160 and scheduled an appointment, you'll need to fill out a new DS-160 form with the current employer's information. This is because the DS-160 form, once... View More

2 Answers | Asked in Immigration Law, Criminal Law and Domestic Violence for Minnesota on
Q: My wife got a misdemeanor charge against me for domestic assault. She's illegal immigrant legally married

She's legally married to me. My question is can she still get her papers. We have been working on them with our immigration lawyer. Now we have came to some personal life problems that got her sent to jail. 2 years married. Is there something we can do to fight for this as she's in... View More

James L. Arrasmith
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answered on Nov 23, 2023

In cases involving a misdemeanor charge, such as domestic assault, the impact on immigration processes can be significant. For someone in the process of obtaining legal status, a criminal charge can pose challenges, potentially affecting the outcome of their immigration application.

The...
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1 Answer | Asked in Immigration Law and Education Law for Minnesota on
Q: What is the function of an I-20? If the information on my I-20 differs from one on record previously?

Can the US Embassy change information of an international student given his or her I-20 has a different information e.g date of birth, name?

I am a returning student and I am applying for F1 Visa; can I apply with an I-20 that has a different date of birth or name, in the hopes that this... View More

James L. Arrasmith
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answered on Nov 18, 2023

The Form I-20 is a critical document for international students in the U.S. It confirms your acceptance into a study program at a U.S. institution and your eligibility for an F-1 visa. It also outlines your program start and end dates, field of study, and financial information.

If the...
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1 Answer | Asked in Immigration Law for Minnesota on
Q: I submitted the USCIS's AR-11 change of address form online yesterday, and I still haven't received the AR-11’s ….

confirmation number email.

2- What is the difference between the AR-11 confirmation number they send you by email and the acknowledgment letter with the AR-11 number they send you to your new address?

James L. Arrasmith
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answered on Oct 22, 2023

It's not unusual to experience a slight delay in receiving an email confirmation after submitting the AR-11 form online to USCIS. The email confirmation number serves as an immediate digital acknowledgment that your change of address form has been successfully submitted to USCIS. It's a... View More

1 Answer | Asked in Immigration Law for Minnesota on
Q: I submitted the USCIS's AR-11 change of address form online yesterday, and I still haven't received the AR-11’s

confirmation number email.

2- What is the difference between the AR-11 confirmation number they send you by email and the acknowledgment letter with the AR-11 number they send you to your new address?

James L. Arrasmith
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answered on Oct 22, 2023

It's not uncommon for there to be a short delay in receiving confirmation after submitting the AR-11 form online. The confirmation number you receive by email is primarily for immediate acknowledgment that USCIS has received your online change of address submission. It provides a quick... View More

1 Answer | Asked in Immigration Law, Gov & Administrative Law and International Law for Minnesota on
Q: Dear all, Hi Can I travel outside USA with my greencard and my home country's passport? I was admitted as a refugee

Just wanna know if it's must to use 131a refugee travel documents or I can proceed with green card and passport from my home country

Thanks

James L. Arrasmith
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answered on Oct 15, 2023

If you have a green card, you generally can travel outside the U.S. using your green card and the passport from your home country. However, as a refugee, there's a risk when traveling with a passport from the country of claimed persecution. If you use that passport, it may be viewed as... View More

1 Answer | Asked in Immigration Law for Minnesota on
Q: Hello. Does threats of violence - reckless disregard risk qualify for U- Visa?
Monica E Rottermann
Monica E Rottermann
answered on Aug 9, 2023

It might, you will want to obtain a copy of the police report for an immigration attorney to review to determine which sections of law the police indicate that they investigated and as long as the crime investigated is on the list of qualifying crimes or substantially similar to a qualifying crime,... View More

2 Answers | Asked in Immigration Law for Minnesota on
Q: If a person gets sponsored and accepted o to the US through the USCIS program coming from Haiti can they apply

For health insurance and other

Services in Olmsted County

James L. Arrasmith
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answered on Apr 18, 2023

Once a person has been sponsored and accepted through the USCIS program to come to the US, they may be eligible to apply for health insurance and other services in Olmsted County. Eligibility for such benefits and services may depend on various factors such as residency status, income, and other... View More

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3 Answers | Asked in Immigration Law for Minnesota on
Q: I’m looking to apply to the USCIS program to bring a Haitian friend to Rochester Mn Have you done these forms before ?

Looking to find out if he can apply for health insurance and other benefits as well

James L. Arrasmith
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answered on Apr 18, 2023

To bring your Haitian friend to Rochester, MN, you will need to file a petition for a family member with the United States Citizenship and Immigration Services (USCIS). The process can be complex and may require extensive documentation, including proof of your relationship, financial support, and... View More

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2 Answers | Asked in Family Law and Immigration Law for Minnesota on
Q: Hi I am a Indian citizen Green card holder , so want to my daughter marriage on phone it’s acceptable & legal or else ?

If yes where which official authority conduct & what documents requirements for both parties.

If yes how to apply for my daughter spouse visa ?

James L. Arrasmith
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answered on Mar 7, 2023

It is not possible to have a legally binding marriage ceremony over the phone in California or under U.S. federal law. In order for a marriage to be legally recognized, the couple must have a physical ceremony in the presence of an authorized officiant, such as a judge, religious leader, or... View More

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2 Answers | Asked in Immigration Law for Minnesota on
Q: Do I need to change my job title on our website if I change the O-net description on my H-1B renewal?

Hi, I currently work as an economist under an H-1B immigrant visa. Economists fall under the O-net code 19-3011.00 on the department of labor's O-net code index. My H-1B, however, expires in June, and for the renewal application, I am changing the O-net code to 19-3099.00 which is for social... View More

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 10, 2023

If you are changing the O-Net code on your H-1B renewal application, it is not necessary to change your job title with your employer or on your company's website. The O-Net code is used by the Department of Labor to classify occupations and does not determine your job title. Your job title can... View More

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2 Answers | Asked in Immigration Law for Minnesota on
Q: Do I need to change my job title on our website if I change the O-net description on my H-1B renewal?

Hi, I currently work as an economist under an H-1B immigrant visa. Economists fall under the O-net code 19-3011.00 on the department of labor's O-net code index. My H-1B, however, expires in June, and for the renewal application, I am changing the O-net code to 19-3099.00 which is for social... View More

James L. Arrasmith
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answered on Feb 26, 2023

It's not necessary to change your job title on your employer's website if you change the O-net code on your H-1B renewal application. The O-net code is used by the Department of Labor to categorize different occupations and industries, and it's primarily used for statistical and... View More

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2 Answers | Asked in Immigration Law and Criminal Law for Minnesota on
Q: can a person be deported if they were born in other country and adopted by US citizens as a baby?

my friend has lived in the US pretty much his entire life. He was adopted by two US citizens when he was a baby and they brought him to the US as a baby. Hes had a few rough years and was convicted of some drug related stuff. He was contacted by immigration and they are trying to deport him. His... View More

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answered on Feb 26, 2023

If your friend was adopted by US citizens and brought to the US as a baby, he may be eligible for US citizenship through his adoptive parents. However, the process of establishing citizenship through adoption can be complex and may require evidence to establish the legal relationship with his... View More

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