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
New York Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for New York on
Q: Being an LPR overstaying abroad, I have won a green card lottery. Can I use it to "forgive" the absence?

I have won a green card lottery. After receiving a green card, I went back to home country to take care of a sick relative and had to stay there for over 1 year. Realising, that my GC has become technically invalid, I've participated in GC lottery and won again.

Is it possible to reset... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024

I understand your situation, but unfortunately, winning the Diversity Visa (DV) lottery a second time does not "reset" or "forgive" your previous prolonged absence from the United States as a Lawful Permanent Resident (LPR). Here are a few key points to consider:

1....
View More

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: Can we fight the decision on visa denial because of his age?

My family has been trying to immigrate from Bangladesh. The embassy date was May 29. The processes were all done and my cousin was given an Alien number. All up until two weeks ago, he received a notice about his age and was denied his interview. Everything was completed including his medical.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2024

Yes, you can challenge the visa denial decision based on your cousin's age. The first step is to gather all relevant documents, including the notice of denial, proof of significant delays caused by USCIS due to COVID-19, and any evidence supporting your cousin's eligibility for the visa... View More

2 Answers | Asked in Immigration Law for New York on
Q: Apply greencard IR5 for mom without waiting for 90-day rule

Im a Us citizen and want to apply a greencard for my mom( IR5). She just arrive US recently with a US tourist visa. Do I need to wait for 90 day ( 90-day rule) to apply a greencard for her in the US? Is there anything I can do like humanitarian route to start submitting my mom greencard application... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 13, 2024

You can apply for a green card for your mom without waiting for the 90-day rule. While it's generally recommended to wait, there are circumstances where immediate filing is appropriate. Given your child's severe medical condition and autism, you can argue that waiting would cause undue... View More

View More Answers

2 Answers | Asked in Immigration Law for New York on
Q: Apply greencard IR5 for mom without waiting for 90-day rule

Im a Us citizen and want to apply a greencard for my mom( IR5). She just arrive US recently with a US tourist visa. Do I need to wait for 90 day ( 90-day rule) to apply a greencard for her in the US? Is there anything I can do like humanitarian route to start submitting my mom greencard application... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 13, 2024

A US Citizen can sponsor mom for a green card who entered with a tourist visa. The general rule is that she should wait to apply because USCIS will presume immigration fraud if she doesn’t wait at least two or three months. Work with an immigration lawyer so the case is processed smoothly.

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: Can the beneficiary of an O-1B visa pay for his/her own fees?

On April 1, USCIS has implemented new rules and new fees for non-immigrant workers. So can the beneficiary of an O-1B visa pay for the related government fees?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2024

Yes, the beneficiary of an O-1B visa can pay for their own fees under the new USCIS rules implemented on April 1, 2024. The O-1B visa is for individuals with extraordinary ability or achievement in the arts, motion picture, or television industry.

According to the USCIS, the following fees...
View More

1 Answer | Asked in Immigration Law for New York on
Q: Can I get a visa after return me from jfk airport cuz I tried two times and got refused

My story is I bought a rifle tikka for my friend last year I believe on August with all my papers passport. I94 f1 visa and hunting license and I sent to him to New Jersey and I went home for one month vacation and when I want back they stopped me at the jfk airport and homland security wanted to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2024

I understand your situation is complex and frustrating, having been refused a visa after being stopped and interviewed at JFK airport. However, I would need more information to advise on your specific case and chances of obtaining a visa in the future. A few key points to keep in mind:

- If...
View More

2 Answers | Asked in Immigration Law for New York on
Q: My wife and I applied for her American residency last year January and to this day, it says that it is still pending.

A couple of months ago, we moved to her home country (Spain) because of health issues she was having (4 times checked in to the hospital for week long stays in the span of 12 months). Now, we’re trying to figure out what the next step is to go back to America and continue our residency. So far,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2024

Based on the information you provided, it seems that your wife's U.S. residency application is still in process, and the move to Spain hasn't nullified the application. However, it's important to consider a few points:

1. Processing times: U.S. residency applications can take...
View More

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: Immigration - how can I follow-up on an I-90 form sent on-line 01/16/24 without receiving an I-797 from USCIS?

USCIS says it sent my green card to the office of my attorney in June, 2023. The green was either lost or stolen because my attorney claims it was never received. I submitted an on-line I-90 form in January, 2024 which was accepted, but I never received an I-797 form confirming the I-90 receipt.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2024

I understand your frustration with not receiving the I-797 notice of action after submitting your I-90 form online to replace your missing green card. Here are a few steps you can take to follow up on your case:

1. Check your USCIS online account: If you submitted your I-90 online, you...
View More

1 Answer | Asked in Immigration Law for New York on
Q: Old alien number on an application form already submitted to USCIS

I submitted my I-751 form, Petition to Remove Conditions on Residence, and noticed that I put my old alien number(non-immigrant alien number) from my Employment Authorization Card instead of my current number on my Green Card. I was wondering if it would be an issue to process the application or I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2024

If you have provided an incorrect alien number on your I-751 form, it's important to address this issue as soon as possible to avoid any potential delays or complications in processing your application. Here's what you can do:

1. Contact USCIS: Reach out to the USCIS Contact...
View More

1 Answer | Asked in Immigration Law for New York on
Q: Can I reapply for a visa during the grace period in the US?

If I decide to extend my O-1B visa for 1 more year, can I apply during the grace period?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

Regarding your question about reapplying for a visa during the grace period in the US, here are a few key points:

- The grace period for O-1 visas is 60 days after the visa expires. During this time, you are allowed to remain in the US but cannot work.

- It is generally recommended...
View More

1 Answer | Asked in Immigration Law for New York on
Q: Hi, my brother in law took a plea deal of 2 years and shock incarceration in NY.

Hi, my brother in law took a plea deal of 2 years and shock incarceration in NY. After he is released will ICE attempt to deport him?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

In this situation, it's possible that your brother-in-law may face deportation proceedings after his release, depending on several factors:

1. Immigration status: If he is not a U.S. citizen, he might be subject to deportation. Legal permanent residents (green card holders) and those...
View More

1 Answer | Asked in Immigration Law for New York on
Q: I am on F1 visa, can i start an llc, and take the income, or put myself as an employee for the company from another coun

I am on F1 Visa in the US, i am also a resident of the UAE which has no taxes, i am aware that i cannot work in the US under F1 status without authorization, so can i start the company in US and put myself down as an employee using the UAE residence, would i be violating my visa status?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2024

As an F1 visa holder, you are not allowed to work in the United States without proper authorization, such as Optional Practical Training (OPT) or Curricular Practical Training (CPT). Starting a company in the US and putting yourself down as an employee, even if using your UAE residence, could be... View More

1 Answer | Asked in Immigration Law for New York on
Q: The officer also set me up a court date for a date after my oath ceremony for the citation. Will that affect my oath cer

The citation was for insurance lapse. Court date is may 21st my oath ceremony is tomorrow. I have proof of my insurance when the citation happened though

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

Based on the information you've provided, it seems unlikely that the pending court date for the citation would affect your oath ceremony tomorrow, especially if you have proof that you had valid insurance at the time the citation was issued. Here's what you should consider:

1....
View More

1 Answer | Asked in Immigration Law and Traffic Tickets for New York on
Q: I received a citation for an insurance lapse but showed proof of insurance to cop will it affect my oath ceremony ?

He let me go with the citation no arrest or anything but my oath ceremony is on Friday. Can this get me denied ??

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2024

Based on the information you've provided, it's unlikely that a single citation for an insurance lapse will impact your ability to take the Oath of Allegiance and complete the naturalization process, as long as you have addressed the issue and can demonstrate continuous insurance coverage.... View More

1 Answer | Asked in Immigration Law for New York on
Q: I got my EAD card after my Master’s in the US but returned to my home country due to an emergency and didn’t use my OPT.

I have got an offer for a second Master’s at an Ivy League uni that offers STEM OPT. From what I’ve understood, I can’t apply for OPT if I have applied for it before (at the same degree level). Is there a way I can challenge this? Is it worth going for the program on the hopes of getting H1B... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2024

Based on the current U.S. immigration regulations, if you have already been granted OPT at the Master's level, you are not eligible for a second period of OPT at the same degree level, even if you did not use your previous OPT due to your return to your home country.

However, there are...
View More

1 Answer | Asked in Immigration Law for New York on
Q: What is the duration of the grace period following the expiration of a O-1B? visa?

Following the expiration of an O-1B visa, how long does the visa holder have before they must depart from the US?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024

Upon the expiration of an O-1B visa, the visa holder has a grace period of up to 60 days to depart the United States.

Some key points about the 60-day grace period:

- It allows the O-1B visa holder to get their affairs in order and make arrangements to leave the U.S. after their...
View More

1 Answer | Asked in Immigration Law for New York on
Q: Illegal immigrants left to die?

Hello

A suspected csf leak which is the most misdiagnosed thing there is, has gotten to the point where said person is almost blind at this point. My question is, does the emergency room take care of that and it's underlying problem even if that person is undocumented with no... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

Hello,

In the United States, emergency rooms are required by law to provide care to all patients regardless of their immigration status or ability to pay. This includes urgent conditions that could lead to serious health consequences, such as potential blindness. A suspected cerebrospinal...
View More

1 Answer | Asked in Immigration Law for New York on
Q: ERROR MESSAGE WHEN TRYING TO PAY IMMIGRANT VISA FEE $220

Good morning, I am the applicant of my mother and she has received her immigrant visa a week ago. Now iam trying to pay Her immigrant fee but failed though I checked and put her A # number and DOS case id# correctly it showed unexpected error messages. I have been trying to contact with USCIS but... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

Good morning! Experiencing difficulties when trying to pay the USCIS Immigrant Fee can be frustrating, but there are a few steps you can take to resolve this issue. Firstly, ensure that the A-Number and DOS Case ID are entered correctly without any spaces or additional characters. Sometimes, errors... View More

1 Answer | Asked in Immigration Law for New York on
Q: Can investing in the Yellowstone club work as a eb5 investment
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2024

Investing in the Yellowstone Club could potentially qualify as an EB-5 investment, but this depends on several critical factors. The EB-5 program requires that the investment leads to the creation of at least 10 full-time jobs for U.S. workers. The investment also needs to meet the minimum... View More

1 Answer | Asked in Immigration Law for New York on
Q: Naturalization form N-400 part 12 question 16B

Am a little confused if its asking if I was detained in jail or prison or if I worked there?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2024

The question on Form N-400, Part 12, question 16B, is aimed at understanding whether you have ever been detained, arrested, or incarcerated. This question does not relate to your employment history, such as working in a jail or prison. Instead, it's focused on your personal legal history and... 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.