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North Dakota Immigration Law Questions & Answers
1 Answer | Asked in Tax Law, Immigration Law and International Law for North Dakota on
Q: I have an H2A worker that is on our farm since 2023 and needs advise on filing income tax responsibilities

He is waiting on a green card so will continue to stay here till 2025 hoping by then he has his green card. He also did not file taxes in his country in 2021 and 2022 when he went home. Our agent said we did not need to withhold taxes but now that he is staying here and we do not have a tax treaty... View More

James L. Arrasmith
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answered on Mar 20, 2024

Understanding and complying with tax laws is crucial, especially for H2A workers like the one on your farm. Since he is from South Africa and has been working in the U.S., he may need to file U.S. income taxes, despite the lack of a tax treaty between the U.S. and South Africa. The requirement to... View More

1 Answer | Asked in Immigration Law for North Dakota on
Q: My brother was denied visa into the US due to fraud that he was involved in in 2010.

Can he file Form I-192: Application for Advance Permission to Enter as Nonimmigrant? Where can this be filed since he lives abroad? is it with the consulate or embassy? Thanks

James L. Arrasmith
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answered on Dec 18, 2023

In cases like your brother's, where there's a previous incident of fraud leading to visa denial, Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, can be a path to consider. This form is used to apply for what is known as a "waiver of inadmissibility,"... View More

1 Answer | Asked in Immigration Law, Civil Rights and Gov & Administrative Law for North Dakota on
Q: I'm a canadian who has stayed 3 years in America, what happens if I get caught? I have my kids with me.

My ID is expired and I'm to broke to go home, what will happen if I get pulled over or caught, will the just escort me to the border or will it be a whole court thing?

James L. Arrasmith
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answered on Jul 28, 2024

If you get caught staying in the U.S. beyond your authorized period, it could lead to serious consequences. Immigration authorities might detain you, and you may have to go through a removal process, which often involves a court hearing. This process can be lengthy and stressful, especially with... View More

1 Answer | Asked in Adoption, Family Law and Immigration Law for North Dakota on
Q: My child was born in Hong Kong in 2014 out of wedlock. The mother was a Chinese national and " see more information"

My child was born in Hong Kong in 2014 out of wedlock. The mother was a Chinese national and I am a US citizen born and raised in the USA my entire life. I married her in Hong Kong in 2018. I was able to get them both visas ,ir1, and ir2. They are now here in the United States. I would like to get... View More

Monica E Rottermann
Monica E Rottermann
answered on Jan 16, 2023

If you are the birth father of the child, then you should be able to file a Form N-600 to obtain a certificate of citizenship. Under the Child Citizenship Act (INA 320) a child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met... View More

1 Answer | Asked in Child Custody and Immigration Law for North Dakota on
Q: What are the rights of a foreign mom to take her child with her in case of deportation, if american husband disagrees?

My sister is doing a medicine recidency and her program might be cut off. In case that happens she will be deported to Peru. Her husband would start the procedure for her to return to the states as his wife, but does not want the baby to leave the usa. What are my sisters´ rights, if she wants to... View More

Hector E. Quiroga
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Hector E. Quiroga
answered on Feb 12, 2020

That is more of a family law question. If your sister is awarded custody, or if the baby’s father allows your sister to take the baby, then she should have no issues.

1 Answer | Asked in Immigration Law for North Dakota on
Q: What to do if you are on OPT and receive the EAD before the OPT expires?

I'm getting married in May, and I am also graduating from my MBA in May (I have a F-1 visa). I'm planning on applying for the OPT soon and applying for the green card right after the wedding in May. How does it work if my OPT start date is in June, for example, and I apply for the green... View More

Hector E. Quiroga
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Hector E. Quiroga
answered on Jan 16, 2020

First, it doesn’t make sense to apply for an EAD through adjustment right off, since you will have a current EAD. If your OPT EAD comes to within four months of expiring, and your green card has not yet been approved, you can apply for a new green card based on a pending adjustment application at... View More

1 Answer | Asked in Immigration Law for North Dakota on
Q: Last name is different from birth certificate and passport, can I have issues when applying for green card?

I'm getting married in May and applying for the green card right after, but I was wondering if I can have issues with my future wife changing her last name to mine since on my passport, they put my middle name with my last name My last name on my birth certificate is different from the... View More

Hector E. Quiroga
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Hector E. Quiroga
answered on Jan 16, 2020

You need to show proof of lawful name change.

1 Answer | Asked in Immigration Law for North Dakota on
Q: My wife is a us resident and I’m a us citizen and we want to bring my mother-in-law here from the Dominican Republic?

Is this possible?

Stephen Arnold Black
Stephen Arnold Black
answered on Oct 18, 2019

When can your wife acquire her US citizenship?

1 Answer | Asked in Immigration Law for North Dakota on
Q: Is there anything that can be done to avoid deportation?

In the state of North Dakota a family was on their way home when a police officer pulled them over for a bad license plate light. One daughter who is a citizen was driving .The officer asked everyone in the car for identification. Mother and father were passengers including their youngest child who... View More

Carl Shusterman
Carl Shusterman
answered on Jun 30, 2018

She is probably eligible to apply for a green card through cancellation of removal.

Here are the requirements:

If you have been placed in removal proceedings and you have resided in the United States for a long period of time, you can apply for Cancellation of Removal for non-LPRs...
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2 Answers | Asked in Immigration Law for North Dakota on
Q: I was recently found guilty of not staying at the scene of an accident in ND. Will this affect my citizenship app
Carl Shusterman
Carl Shusterman
answered on May 4, 2018

You should show a copy of your record of conviction with an experienced immigration attorney.

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1 Answer | Asked in Immigration Law for North Dakota on
Q: what if my nephew age out before F4 priority date
Carl Shusterman
Carl Shusterman
answered on Apr 27, 2018

Does CSPA apply to his case?

A “child” is defined as an individual who is unmarried and under the age of 21. The recurrent problem was that some petitions took many years to process and the child "aged out" and could not be included in the parents petition. For example, a...
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1 Answer | Asked in Immigration Law for North Dakota on
Q: What if my unmarried nephew age out on the sister case for I-130 F4 catogery when priority date becomes current
Carl Shusterman
Carl Shusterman
answered on Apr 27, 2018

He may be eligible for a green card under the Child Status Protection Act.

A “child” is defined as an individual who is unmarried and under the age of 21. The recurrent problem was that some petitions took many years to process and the child "aged out" and could not be...
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1 Answer | Asked in Immigration Law for North Dakota on
Q: Does north dakota require a green card to work?

He will be getting married to a us citizen nov 26th, he has a us social security card, visa, and birth certificate already just no green card yet

Carl Shusterman
Carl Shusterman
answered on Apr 27, 2018

No, a green card but an EAD work permit. He will get an EAD about 4-5 months after applying for a green card.

1 Answer | Asked in Immigration Law for North Dakota on
Q: My Jamaican husband has a police record, will he be able to get a IR-1 Visa?

The wounding with intent charge is over 20+ years, he served less than 3 years in prison in Jamaica. He has some minor offenses after that the last being in 2009. We tried to have his police record expunged but after being told they could expunge but had to wait 3 years, they said no it is not... View More

Myron Morales
Myron Morales
answered on Oct 4, 2017

You need to obtain a copy of his criminal record and have an immigration attorney review it to see if it gives rise to any grounds of inadmissibility and if there is a waiver available. So, there is a chance that he could get a visa, but you need to have everything analyzed in advance so that you... View More

1 Answer | Asked in Family Law and Immigration Law for North Dakota on
Q: I am an American citizen and I want to marry an Indian guy. We been know for an year. He is here on F1 status.

Ours is a homosexual relationship and I am student how does our marriage help him get a green card.?

Roger Carl Algase
Roger Carl Algase
answered on Jun 7, 2017

Same sex marriages are now recognized by USCIS for green card purposes. I have handled cases like this myself and have not had any problems with the immigration office. The best way to proceed would be to get married and file for the green card, just as with any other marriage relationship. All... View More

1 Answer | Asked in Immigration Law for North Dakota on
Q: For California residency,do 2 years that I was on F-1 visa in California prior to this semester count as year and 1 day?

I am an F-1 visa student and I'm getting married to my boyfriend who is US citizen and California resident. My question is about California residency determination after/if I get a green card. I have lived and went to college in California on F-1 visa for 2 years, but now I'm studying for... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Sep 28, 2015

This is not exactly a immigration question, the best people to ask this question would be the people at the DMV. Call the DMV customer care and clear your doubts with them because eventually you will be applying for your ID at the DMV. All the best.

15 years of successful immigration law...
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1 Answer | Asked in Immigration Law for North Dakota on
Q: My daughter file immigrationpetition for my 12 year old son.he is in the US vacation can I filethe adjustment of status

She fillet for him and me from 2012 I got through but he his perking is still at the review stage

Stephen Baird
Stephen Baird
answered on Dec 5, 2014

To get a full, specific answer for your question you would really need to speak to an attorney who you can describe the entire situation to, but as a general matter if you have an approved immigrant visa number you can file for adjustment of status.

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