Get free answers to your Immigration Law legal questions from lawyers in your area.
I was assaulted and taken to the ER
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answered on Dec 21, 2023
If you were assaulted and taken to the ER in New York, signing a HIPAA waiver form may be necessary for the defendant to be prosecuted. The Health Insurance Portability and Accountability Act (HIPAA) typically protects your medical information, but in criminal cases, releasing certain medical... View More 
I was assaulted and taken to the ER
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answered on Dec 22, 2023
If you've been a victim of assault and were treated in the ER, signing a HIPAA waiver form to assist in prosecuting the defendant can be an important step in the legal process. However, it's understandable to have concerns about privacy and the use of your medical information.
The... View More
As mentioned im 22 and unmarried, I do have a baby here in the usa, I know that doesn’t change anything. I’m just curious to know if I could apply and adjust my status given my overstay. My dad is a Us Citizen
answered on Dec 21, 2023
Yes, your U.S. Citizen father may file a Form I-130 naming you as the beneficiary, however, you would need to file a Form I-485 to adjust your status to get work authorization and a green card. Because you are not a minor, you would have to wait until the I-130 is approved and a visa is available... View More
I got divorced recently, and my ex-wife went back to Canada with my two kids (one and four years old). I live in New York, and I have a court order to see the kids twice a month. However, it’s kind of hard going back and forth every month and crossing the border, and every time I do, the officers... View More
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answered on Dec 13, 2023
As a U.S. citizen, you can generally stay in Canada as a visitor for up to six months. When you arrive at the border, it's important to be transparent about the duration and purpose of your stay. Mention that you intend to visit your children, and have documentation ready, such as the court... View More
I have to travel urgently, will I be allowed to reenter the United States with an expired US passport?
answered on Dec 12, 2023
It depends. If you are a dual citizen of a country such as Canada, you may enter through a land border Port of Entry ("POE") on a lost or expired U.S. Immigration passport by providing a valid Canadian Passport. This is not usually possible if you travel by plane. It is important to... View More
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answered on Dec 7, 2023
Absolutely, you can apply for a change of status to an E2 Investor visa even if you have already submitted an application for reinstatement of your F1 status. It's important to understand that these are distinct processes within the U.S. immigration system.
However, keep in mind that... View More
I am a Canadian on TD visa in Buffalo NY (husband on TN). I travel back to Canada 4 times a week to work across the border but I still spend 5 nights a week in Buffalo with my husband. I am uncertain if I need to change my car insurance to an American company, change my license to a NYS license,... View More
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answered on Dec 1, 2023
In your situation, it's essential to consider both the insurance and legal requirements of New York State (NYS) and your frequent travels to Canada. Since you live in Buffalo, NYS for the majority of the week, you may be required to comply with the state's insurance and vehicle... View More
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answered on Nov 29, 2023
When filling out the N-400 form for naturalization, it's crucial to answer all questions honestly and accurately, including questions 22, 23, 24, and 25, which relate to your criminal history and moral character.
For question 22, which asks if you have ever been arrested, cited, or... View More
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answered on Nov 28, 2023
The processing time for I-90 applications (Application to Replace Permanent Resident Card) can vary significantly from one case to another, and there are several reasons why your sister might have received her new card while you're still waiting for yours:
Different Processing Centers:... View More
I am not sure participating in Draftkings is legal in federal law or not.
I am aware that as a green card holder, purchasing or consuming marijuana can be the reason for denial of my application, even though it is legal in my state. This is due to it’s federal illegality.
The... View More
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answered on Nov 23, 2023
Participating in DraftKings, or similar online fantasy sports platforms, can raise concerns when applying for U.S. citizenship, particularly if there's ambiguity about its legality under federal law. Although fantasy sports are legal in many states, federal law can view certain types of online... View More
I have my I-797 approved from my new employer but I have not resigned from my current employer yet. Can I travel internationally in this scenario given I have unexpired H1-B stamp on my passport? If yes, then which I-797 should be shown while entering back in USA. This is considering I might not... View More
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answered on Nov 21, 2023
If you have an I-797 approval for a new employer but haven't yet joined them, you can still travel internationally with your current valid H1-B visa. The unexpired H1-B stamp in your passport allows re-entry into the United States under your current employment.
Upon re-entering the... View More
I have an unexpired H1-B visa stamp until 2025. I plan to change my job in January and obtain new I-797. Can I travel internationally in March 2024 with the unexpired visa stamp from my old employer and new approved I-797 petition with the new employer?
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answered on Nov 21, 2023
Yes, you can generally travel internationally with an unexpired H1-B visa stamp and a new I-797 from a different employer. The H1-B visa stamp in your passport remains valid until its expiration date, regardless of your employer change. When you return to the U.S., you should present your unexpired... View More
Ex and I were never married. Ex lives in New York, Son and I reside in FL. Son was born in Florida. Ex said he will not sign the paper work so I can get our sons passport. I got my sons passport when he was three months old (ex was not on birth certificate at the time, was added later in time)... View More
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answered on Nov 17, 2023
In your situation, obtaining a passport for your minor child without the other parent's consent can be challenging, but there are steps you can take. Since both parents are typically required to give consent for a minor's passport, your options may include seeking a court order that... View More
I am an international student at the university in the USA; I have got time-limited residence permit for study-purpose and I have got 1 year left before graduation, but I'd rather not want to finish it and want to begin to work asap, but I can't because of my residence permit for... View More
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answered on Dec 14, 2024
As an international student, your options for staying in the US after studies depend on your current visa status and future plans.
If you're on an F-1 visa, you can apply for Optional Practical Training (OPT), which allows you to work in your field of study for up to 12 months after... View More
Are illegal immigrants allowed insurance under the affordable care act?
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answered on Dec 13, 2024
Under the Affordable Care Act, undocumented immigrants are not eligible to purchase health insurance through the federal or state marketplaces. They cannot receive premium tax credits, cost-sharing reductions, or other federal benefits through the healthcare exchanges.
However, you can... View More
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answered on Dec 12, 2024
I understand you're interested in starting an LLC while on an H1B visa. This is a complex situation that requires careful consideration of immigration laws.
H1B visa holders are generally restricted to working only for their sponsoring employer. Starting and running an LLC could be... View More
I am an international student currently on F1 OPT status and working as a volunteer with an NGO related to my major. I am planning to travel outside the U.S. for a month, from January 1, 2025, to February 3, 2025, and wanted to ask for your advice:
How safe is it to travel during this... View More
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answered on Dec 11, 2024
Given the uncertainty around potential policy changes in 2025, you should take extra precautions to protect your immigration status during international travel. Your current F1 OPT status requires specific documentation to ensure your successful return to the United States.
Before... View More
answered on Nov 30, 2024
The experienced immigration law attorneys here would know this best, but as a general approach for any area of practice covered on this forum, you could supplement your individual searches with the "Find a Lawyer" tab above. You could also look into the attorney referral resources of... View More
In 2023, I successfully won my asylum case in court. Following this, I submitted an I-485 application to the US Citizenship and Immigration Services (USCIS) to adjust my immigration status.
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answered on Nov 27, 2024
USCIS often waives interviews for derivative asylum recipients (like your spouse) while requiring them for principal asylum recipients (like you). This is because you were the main applicant who established the asylum claim, making your case more complex.
The interview for principal asylum... View More
The child is 15 years old. Only the mother has custody (not shared custody). Is the father also required to approve the abandonment of their child's LPR status?
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answered on Nov 26, 2024
In cases of sole custody, only the custodial parent (in this case, the mother) has the legal authority to make immigration decisions for the minor child, including abandoning their permanent resident status. This stems from the principle that the custodial parent maintains primary responsibility... View More
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