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Ohio Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Ohio on
Q: Our lawyer says that USCIS is behind on work permit forms is that true?
Yanky Perelmuter
Yanky Perelmuter
answered on Mar 28, 2018

Yes. It has been taking an extended period of time to receive a work permit from USCIS.

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Ohio on
Q: Do taxpayers have the right to sue the US Govt. For taxpayer monies spent on illegal immigrants?
Yanky Perelmuter
Yanky Perelmuter
answered on Mar 26, 2018

Technically yes. However, filing a lawsuit requires showing particular injury. This is a hard standard to meet when suing the government in that it is difficult to show that you specifically have suffered a particular and personal injury. Additionally, suing the government requires consent by the... View More

2 Answers | Asked in Immigration Law and Gov & Administrative Law for Ohio on
Q: Is it okay to finish filing for the petition without a lawyer? He won't be taken will he?

I'm petitioning for my spouse to stay, I'm in the process of filling out an I-130 form on citizenpath.com. I'm to the part where I have put in that he is an overstay and has never left the country since, we have two children together. His overstay started in 2005, I had gotten... View More

Matthew Williams
Matthew Williams
answered on Mar 5, 2018

You really need to work with an attorney on this. That amount of time out of status could become a real problem for you.

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1 Answer | Asked in Immigration Law for Ohio on
Q: What I need to file for a unlawful presence waiver
Yanky Perelmuter
Yanky Perelmuter
answered on Feb 26, 2018

This is a very case specific question. The document requirements for each unlawful presence case will be different depending on the circumstances. You should contact a local immigration lawyer that can evaluate your case and give you the best recommendation.

1 Answer | Asked in Immigration Law for Ohio on
Q: My friend is here under asylum from Iraq and now has her green card. How long will it take for her husband to get Visa?

Husband is still in Iraq and applied 2 years ago and hasn't gotten any updates. How long will this take? He hasn't seen his wife or kids for 4 years.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Feb 13, 2018

Did your friend file a visa petition for her husband? Depending on the process, it certainly seems reasonable to expect that her husband would be her by now.

We recommend that you consult with an attorney.

1 Answer | Asked in Immigration Law for Ohio on
Q: I recently married abroad. I returned to the us and got sick. How long do i have to file a i130.
Yanky Perelmuter
Yanky Perelmuter
answered on Feb 12, 2018

There is no timetable for how long you must file the I-130. You may file the I-130 anytime after you are married.

2 Answers | Asked in Immigration Law for Ohio on
Q: Can I marry my boyfriend, who is here (US) and on an L-1 work visa but recently resigned?

My boyfriend of almost 2 years was working in the US on an L1 visa from Brazil. He gave notice at work because it was miserable there for him. He is now unemployed and his visa will expire in 60 days. Can we get married to stay together or would the government try to suggest fraud due to us... View More

Roger Carl Algase
Roger Carl Algase
answered on Jan 6, 2018

As long as you and your boy friend have a genuine relationship, there would not be any reason to think there is any fraud in this situation.

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1 Answer | Asked in Immigration Law for Ohio on
Q: Are mail-order brides really legal? How does that process work with immigration laws?
Roger Carl Algase
Roger Carl Algase
answered on Jan 5, 2018

This is one of the few immigration law questions that has a simple answer. A mail order bride would (almost certainly - there might be some very rare exceptions) not work out for a green card. A green card based on marriage requires proof of a genuine marriage relationship. A mail order marriage,... View More

1 Answer | Asked in Immigration Law for Ohio on
Q: Can I leave the country ?wen I was a minor I had a felony now I'm an adult and I wanna travel the world

I didn't turn 18 teo long ago and my felony was over a year ago and I'm trying to go to scotland

Yanky Perelmuter
Yanky Perelmuter
answered on Dec 12, 2017

It would depend on your immigration status, and traveling is just one factor you need to consider regarding your felony. You should contact a competent immigration lawyer to discuss your options.

1 Answer | Asked in Immigration Law for Ohio on
Q: i had married two years ago abroad to a non US citizen, now I’m applying citizenship what is my marital situation?
Kyndra L Mulder
Kyndra L Mulder
answered on Dec 7, 2017

Don't understand the question. Your marital situation is that you are married.

1 Answer | Asked in Adoption and Immigration Law for Ohio on
Q: I am a F1 student visa on my first year 19 years old. Would I get any benefits if a US citizen adopted me at this age?
Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Nov 3, 2017

No. For immigration purposes, the adoption has to take place before the adoptee turns 16.

2 Answers | Asked in Immigration Law for Ohio on
Q: I entered the U.S on the v.w.p and have married a U.S citizen who is pregnant can i remain to provide for my family
Myron Morales
Myron Morales
answered on Oct 18, 2017

Once you have been in the U.S. for 90 days, you will need to file an adjustment of status petition. You will get a work permit while the application is pending and you can remain in the U.S. until a final decision is made.

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3 Answers | Asked in Immigration Law for Ohio on
Q: Can I still extend my stay in the USA now, even though I was expected to fly back by October 1st?

I have a B1/B2 visa, that is valid until March 2020. I am currently in the USA, and this is my sixth month here. My visa also has been stamped with a date that expects me to fly back to my homeland. It says October 1st. It is October 17th now, and I am thinking of extending my stay for another 6... View More

Yanky Perelmuter
Yanky Perelmuter
answered on Oct 18, 2017

At this point your application to extend your status will not be timely and therefore not filed correctly. It is too late to extend your status, you will have to exit the United States.

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1 Answer | Asked in Immigration Law for Ohio on
Q: Hello, do I need to file the I-751 form separately if I am a conditional resident based on a K-2 visa (I am over 21)?

By separately I mean separately from my mother. She is a K-1 visa conditional resident, and we need to adjust our status now.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Oct 10, 2017

If you acquired conditional residence on the same day or within 90 days of your mother, you can be included on the same I-751.

2 Answers | Asked in Immigration Law for Ohio on
Q: I am wanting to get married to a non- US citizen in Seychelles. How do I go from there to get him here to US?

Are there sponsorship fees? If so, how much?

How long after wedding will it take for him to get here to stay?

Matthew Williams
Matthew Williams
answered on Oct 3, 2017

The quickest route (and it isn't quick 6-12 months for approval) is to file a petition for a K (finance) visa, bring him here, and get married here. After you are married, he can apply to adjust his status to LPR (green card) and is permitted to remain in the country while that adjustment is... View More

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1 Answer | Asked in Immigration Law for Ohio on
Q: Can I apply for a PhD program during F-1 OPT, while my employer plans to sponsor H1B visa?

I will only have one shot at H1B due to a non-stem masters. Is it okay if I also apply to another academic program while my employer files my H1 visa? Just so that if it does not the lottery, I have an option to pursue. Also, do I have to get a new student visa if I were to join a PhD program?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 26, 2017

Thank you for your question.

The answer to your first question is yes. In response to your second question, you will need to get a new I-20 and pay the SEVIS fee again. You might need to extend your authorized stay, too, depending on your circumstances.

The answer to your question...
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1 Answer | Asked in Divorce, Immigration Law and Domestic Violence for Ohio on
Q: Brother married in Thailand in 2016 - wife is from there - looking into disillusionment or divorce due to issues.

She came here this year around April, and since then things have gotten bad for them. Apparently, she has undisclosed mental health and medical issues that have put a major strain on their marriage. She has increasingly become violent towards my brother, despite him trying to help her. She has hit... View More

Joseph Jaap
Joseph Jaap
answered on Sep 5, 2017

He can either get a lawyer and terminate his marriage, as you have advised, or seek counseling on how to remain with a difficult spouse. He can use the Find a Lawyer tab to consult a local divorce attorney about his options.

2 Answers | Asked in Immigration Law for Ohio on
Q: Is it easier to renew an H1-B than to obtain one in the first place? I don't want to move to the US, only to have to

move home and lose my job a couple years down the road.

Richard T. Herman
Richard T. Herman
answered on Jul 22, 2017

Yes, renewing with a current employer is vastly easier than first obtaining an h1b visa. For starters, unless your new employer is exempt from the h1b quota, obtaining a new h1b is akin to a lottery. There are only 65000 new h1b (and 20000 additional for those with advanced degrees from us... View More

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1 Answer | Asked in Employment Law and Immigration Law for Ohio on
Q: What entrepreneurship options do I have as a current H-1B software developer?

I came to the US after graduation in 2014, and have been working as a software developer for 3 years. During this time I have grown both in technical prowess and personally about knowing my career needs. After working for this time as a full-time employee, I have realized that instead of working... View More

Roger Carl Algase
Roger Carl Algase
answered on Jun 25, 2017

Entrepreneur visas allowing you to be your own boss in America are not easy to come by and are subject to many restrictions. Depending on which country you are from and how long it would take to get a green card through labor certification, you might try looking for a company that would be willing... View More

1 Answer | Asked in Immigration Law for Ohio on
Q: How long does it take to get an answer from USISC after applying for a visa status change from B1/B2 to F1? Applied Dic

I applied for my visa status change on December 9, 2016. On December 17, I got a letter from the Calofronia Service Center saying that they had received my paperwork on December 12 and that they would notify me when they had an answer. I haven't heard back from them since then. I was told... View More

Roger Carl Algase
Roger Carl Algase
answered on Jun 14, 2017

It can take up to a year. The USCIS California Service Center does not have a track record of being very helpful or cooperative in this kind of case. You may receive some questions about your intent and finances, and there may even be some made up, concocted, technical objections, such as I, and... View More

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