Get free answers to your Immigration Law legal questions from lawyers in your area.
I was wondering why the term "State" capitalized in 8 USC 1101 (36) but in other places it is spelled with lowercase letters. Is this trying to say that when capitalized the word "State" only includes the District of Columbia, Puerto Rico, Guam, and the Virgin Islands of the... View More 
answered on Sep 3, 2024
The term is capitalized in other areas of the statute. It could depend on context, scope, use as proper or common noun, or other grammatical technicalities. Good luck
I looked online and found some information saying that the sibling must be at least 21 years old if the petitioner wants to bring them to the US. Is that true?
answered on Sep 1, 2024
A US citizen can petition for a sibling regardless of age
I was removed from the United States from 2002 to 2023—a total of 21 years. I was paroled into the United States & My green card was reinstated when I applied for it and received it eight months later. From what I can gather, it appears that the government, possibly urged by the immigration... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2024
When you’ve had your lawful permanent resident status restored after a long period of removal, the time spent outside the U.S. typically doesn’t count towards the residency requirements for naturalization. The 5-year and 7-year residency requirements for naturalization refer to continuous... View More
I was deported in 2002 for moral turpitude, not an aggravated felony after getting LPR in 1989. I was paroled back into the United States in 2023 after 21 years when the BIA reopened the case. I had a Social Security number (SSN) with my first green card 1989. I received an approved replacement... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024
To apply for naturalization, you need to prove continuous residence in the U.S. for five years as a lawful permanent resident (LPR). Since you were deported in 2002 and only recently paroled back into the U.S., the time you spent outside the country likely interrupted your continuous residence,... View More
My I797A petition was approved in June. I left my employer in July. I just got a new job offer and they want to transfer the H1B to them with a transfer date of October 1. Is this possible? The I797A is still active an not revoked.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2024
Yes, you can transfer your approved H-1B to a new employer before its activation on October 1. Since your I-797A is still active and has not been revoked, the new employer can file an H-1B transfer petition on your behalf. This transfer can be done even though your H-1B status is not yet effective.... View More
Her child said something in class that a student reported to the teacher and the teacher contacted the state registry. Investigation showed no proof of abuse after interviewing child and family. Family has been put on probation, anyway. They are fearful how this will impact their immigration... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024
It can be incredibly frustrating and stressful to be placed on probation even when an abuse allegation is found to be unsubstantiated. The Department of Children and Family Services (DCFS) has broad authority to take actions they believe are in the best interest of a child's safety, including... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024
If you have a court case in Texas and want to file for asylum in New York, you need to consider a few important points. Generally, asylum applications should be filed in the jurisdiction where you reside. Since you are living in New York, it may be possible to file there, but your existing court... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024
Receiving Cash Assistance from NYC can potentially affect your application for citizenship, but it depends on various factors. USCIS considers whether an applicant is likely to become a "public charge," meaning primarily dependent on the government for subsistence. However, the rules... View More
Can receiving Cash Assistance from NYC affect my application for a citizenship in the future? Even if I will receive it for 6 months only?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024
Receiving Cash Assistance from NYC for a short period, like six months, generally should not affect your future citizenship application. U.S. immigration laws consider whether an individual is likely to become a "public charge," but short-term or emergency assistance usually doesn't... View More
I have an order of protection against my abusive husband.
I am not a citizen and I might apply for naturalization soon.
I am worried about the Good Moral Character requirement.
I suspect that I might find drugs and I want to make sure not to be committing possession in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2024
You’re not committing possession if you bring the drugs to the local police department and tell them where you found them. Either that or you dispose of them properly (I don’t know what type of drugs they are, but use your head).
I wanted to start a small immigration firm. I registered a professional corporation in CA which is the state where i am licensed as an attorney. I wanted to open a physical office in NY after obtaining clearance from NY and CA bar as I will be opening an office to practice only immigration which i... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2024
Regarding your questions about qualifying your California professional corporation in New York and the tax implications, here are a few key points:
1. Foreign qualification: Generally, to qualify a foreign professional corporation in New York, you would need to have a New York-licensed... View More
I noticed that the USCIS has recently updated certain addresses for sending visa applications. Is this the new address for all the O-1 visas?
USCIS Texas Service Center
6046 N Belt Line Rd. STE 115
Irving, TX 75038
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2024
Remember to always verify the filing address on the USCIS website before sending your application, as it may be subject to change. Additionally, make sure to follow the instructions carefully and include all required documentation to avoid delays in processing your O-1 visa application.
So when he went to the US Embassy in Guyana they asked him questions and he forgot all about the case almost 15 years ago so they denied him would this affect the i-130a form?
answered on Mar 30, 2024
It appears he was denied due to a misrepresentation. If so he might need a waiver. Misrepresentation cases are complex matters. I would need to know what type of visa he applied for and a copy of the denial he was given at the embassy to answer you more adequately. You can contact me at... View More
If an illegal immigrant needed follow up care after going to the emergency room, they are out of luck right?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024
If you find yourself needing follow-up care after a visit to the emergency room, you have options, even if your immigration status complicates access to healthcare. Emergency rooms are required by law to provide care to all patients, regardless of immigration status, but follow-up care can indeed... View More
Does my daughter qualify for citizenship or should I apply I-130 for her?
answered on Jan 19, 2024
In order to qualify for derivative US citizenship, the child must be living in the U.S. under the lawful guardianship of a U.S. citizen parent.
green card is expired and lost do i just need to file an l-190 or are there additional forms i need to get done
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023
In the case of an IR5 visa, derivatives are not typically available. However, there are alternative paths to consider for your sister. One option might be to apply for a different type of family-based visa that allows for derivative beneficiaries. Another possibility is to explore humanitarian... View More
The petition has been approved recently. I was wondering what are my options?Do they have another alternative?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2023
If your fiancée is from Haiti and the embassy there is closed, you may want to explore whether the U.S. Department of State has designated an alternative post for processing K-1 visas for Haitian nationals. This information can often be found on the U.S. Embassy's website for Haiti or by... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2023
Hello James, I am also James! Nice to meet you. I hope that you are having a great week.
Under the current immigration regulations, as an H-4 visa holder, you are eligible to apply for an Employment Authorization Document (EAD) if your H-1B spouse has an approved I-140 (Immigrant Petition... 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.
