Get free answers to your Immigration Law legal questions from lawyers in your area.
I am married to a US citizen and applied for green card . I received my EAD and travel document. I also have a pending asylum case that is open. My best friend is getting married in Portugal and my brother in law is also getting married in Mexico this year which I really want to attend. I still... View More
answered on Feb 28, 2023
It is generally safe to travel outside the United States with a valid travel document (I-131) if you have pending immigration applications, such as a pending adjustment of status application or asylum case. However, there are some factors to consider before traveling.
Firstly, it is... View More
When I met my girlfriend from outside the US, she had already set an appointment for her visa interview and added a friend who she’s no longer in contact with. I’d like to change the host to me in the application. Is this possible and is it safe?
answered on Feb 26, 2023
If your girlfriend has not yet attended the visa interview, she may be able to update the host information in her B2 visa application. However, it's important to note that any changes to the visa application may result in additional scrutiny by the consular officer during the interview.... View More
Does that automatically make me a US citizen. I have a green card for over 40 years.
answered on Feb 25, 2023
No, being the child of a naturalized US citizen does not automatically make you a US citizen. However, there are some situations in which you may be eligible to apply for US citizenship, such as if you were under the age of 18 when your father naturalized and you were a permanent resident at that... View More
Say the US citizen and the beneficiary would like to live together after marriage, but in a country different than the beneficiary's home country. Can the couple process their case at the new country of residence? For example, my wife is from France and we'd like to live together in... View More
answered on Feb 23, 2023
Yes, a married couple can live abroad during the filing of consular processing. The consular processing for an immigrant visa allows for the beneficiary to apply for a visa through a U.S. embassy or consulate in their home country or in any other country where they are lawfully present.... View More
I know of Canadian who is in the US on TN status, but she stopped working at the job that is tied to her visa. Instead she works illegally in multiple states as a prostitute. She publishes her services on websites for call girls, erotic reviews, etc.. She is even planning to fake a marriage so she... View More
I have been a good student for a year and held valid F1 Visa
answered on Feb 10, 2023
Yes, a school can refuse to recommend a student for Optional Practical Training (OPT). Although the school is not required to provide a reason for their decision, there are a number of reasons why a school might refuse to recommend a student for OPT. Some possible reasons include a low grade point... View More
HAVE YOU EVER BEEN ARRESTED, CITED, CHARGED, OR DETAINED FOR ANY REASON BY ANY LAW ENFORCEMENT OFFICIAL(INCLUDING BUT NOT LIMITED TO ANY US IMMIGRATION OFFICIAL OR ANY OFFICIAL OF THE US ARMED FORCES OR US COAST GUARD)?
I AM ASYLUM SEEKER. I WAS ARRESTED BY US COAST GUARD WHEN I WAS ENTER... View More
answered on Feb 10, 2023
Sorry, I provided the answer to a different question! Here is the answer I meant to provide:
Given that the question includes arrests by the U.S. Coast Guard, the answer would be yes. Also, if that is how you ultimately came into contact with Immigration authorities to seek asylum, USCIS... View More
During the processing of the petition/green card, can the beneficiary leave their home country and work in a different country (other than the US)?
answered on Feb 7, 2023
Hello New Yorker!
Yes, a person can travel to work in another country if they have the necessary visas, work permits, and fulfill other legal requirements of the country they are traveling to.
This advice only applies to a consular processing case where the intending immigrant is... View More
answered on Jan 27, 2023
If your Consular Report of Birth Abroad (CRBA) application has been pending for over a year, you may contact the U.S. Department of State's Office of Children's Issues at 1-888-407-4747 or via email at adoption@state.gov to inquire about the status of your application. If your application... View More
Hi I am a F1 visa status international student from Japan. My friend (he is an US citizen) asked me to be his co-founder for his company. I am scheduled to leave the States this year after graduation. I was wondering if I can be his co-founder and, if so, what are some regulations/processes I have... View More
answered on Jan 25, 2023
There are complicated immigration rules regarding volunteering, working, and passive investing on your F-1 visa. Your OPT might be useful if the work is related to your degree. Then there is the possibility of if a change of status to L-1, for example. Without assessing the specifics of your case... View More
answered on Jan 19, 2023
You may apply immediately. Submit all the documents USCIS requested. If you have a criminal history or other negative factors that may affect your naturalization application, make sure to consult with an immigration attorney.
havent received his citizenship however he was holding a green card. I want to know can this children received a green card if they apply through the embassy?
My mother is also not a citizen.
answered on Jan 9, 2023
If your father filed I-130 petitions for his children prior to his death there may be a way to get the petitions reinstated through humanitarian reinstatement. You can read about that process here: https://www.uscis.gov/green-card/green-card-eligibility/humanitarian-reinstatement
I did lie to officers in my birth country 2013, which is 10 years ago, to get a visa to get into america.
I am now married and nothing else like this has happened.
Since it's over 5 years ago, will this effect my application?
answered on Dec 16, 2022
You should definitively consult with an attorney to establish whether the incident back in 2013 made you inadmissible to the U.S. Keep in mind that it does not matter whether five years have happened since your application because the question states, have you ever, not have you within the last... View More
I’ve been a LPR (10 year green card) since Dec 2020. In 2022 I’ve been out of the country for 164 days as of now (multiple entries from Brazil - my home country). I just got back last week, so technically I’d still have 14 days left for this year, totaling 179 days abroad for the current... View More
answered on Dec 2, 2022
There is no set period of time abroad that will trigger abandonment, but LPRs are treated as seeking re-admission if they have been absent from the United States for a continuous period of longer than 180 days. INA § 101(a)(13)(C)(ii). Continuous absence of more than 180 may trigger scrutiny, but... View More
I’ve been a LPR (10 year green card) since Dec 2020. In 2022 I’ve been out of the country for 164 days as of now (multiple entries from Brazil - my home country). I just got back last week, so technically I’d still have 14 days left for this year, totaling 179 days abroad for the current... View More
answered on Dec 2, 2022
It is impossible to tell if you will be permitted to return in January after a short visit to Brazil because it is up to the officer at the Border whether to let you in AND for how long REGARDLESS of the "180 day clock" (reset or not). Each time you cross the border on an non-immigrant... View More
How does that work? Can I be the sole owner of the LLC? When registering an LLC, I noticed that there is an requirement to add LLC Manager. Can I be the LLC Manager while on OPT? Or would that be a violation of visa status?
answered on Nov 29, 2022
This issue is a little complicated. In general you either need to have work authorization to open a business in the United States, for example, through an E2 investor visa, or you need to partner with a person with work authorization or a LPR or US citizen and basically delegate all day to day... View More
Hi, I'm a current Post Completion OPT employee and am in the process of applying for my STEM OPT extension. My OPT and STEM OPT extension are based on my full-time employment in the US.
My question is: Can I start a business of my own, register to E-Verify and work on a side start-up... View More
answered on Nov 18, 2022
E-Verify is for Established US Employers. You OPT only allows you work for a US employer. This could be interpreted as working without authorizarion. You should get legal counsel first.
I am a current LGBT G4 holder working for an International Organization (non-decision-making role) and from a country where LGBTQ people are persecuted. Instead of the asylum route can I apply for a Green card under the Section 13 (Diplomat) route?
answered on Nov 18, 2022
There is a provision of immigration law that allows certain long-term international organization employees and their eligible family members to apply for special immigrant status and become permanent residents of the U.S. (get a Green Card) as long as their organization remains recognized.
answered on Oct 16, 2022
This looks like something that an immigration attorney might have more insight into than a social security attorney, which was the posted category. But your question remains open for two weeks. It appears involve a substitution of representative/counsel on a matter with U.S. Citizenship and... View More
I was in the mall with my son when I saw one of those moving toy cars for children .. I put my son in and while I was going to put money in I got a strong electric shock in my leg and a strong shock .. luckily my son is well .. but i am having leg and hand problems losing my job as a chef .. there... View More
answered on Oct 14, 2022
I am so sorry that you and your son were involved in an accident at the mall.
The incident that you have described, however, is not an event that can be classified as a crime that qualifies you for the U visa.
You can visit with a qualified and experienced immigration attorney... View More
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.