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
Pennsylvania Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Pennsylvania on
Q: what are the possibilities to get legal? i been in the us for close to 40 years illegally

i have 2 natural born citizens children age 7 and 9 that live with me but it is getting harder to find jobs under the table to support them i entered the us from canada back in the days it was a open border and my then wife ( us citizen ) pick me up in canada i am a german citizen

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

Given your situation, there are a few paths to consider for legalizing your status in the United States, but each has its own complexities and challenges. Since you have been in the U.S. for nearly 40 years and have U.S. citizen children, these factors may play a significant role in your case.... View More

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Marrying on an ESTA but not staying in the country?

I'm planning on marrying a british citizen and moving to the U.k., and we're hoping to get married here in the US before he leaves and I join him later. Do we have to get him an actual visitor visa or is an ESTA enough for a courthouse wedding?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

Under California law, a British citizen can enter the United States using the Electronic System for Travel Authorization (ESTA) for the purpose of getting married, provided the stay is short and the intention to leave the U.S. after the ceremony is clear. The ESTA allows visitors to stay for up to... View More

View More Answers

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: What will the IS official do if they are informed at the 751 interview the couple is divorcing?

The couple files a marriage based 751 together, receive notice of the interview, go to the interview together, but inform IS they are separated and planning on filing for divorce (but have not yet filed for divorce). What will the interviewing officer do in this situation?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023

In this scenario, if a couple attending a Form I-751 (Petition to Remove Conditions on Residence) interview informs the USCIS officer that they are separated and planning to divorce, the officer's response will be guided by USCIS policies and the specifics of the case. Typically, the officer... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I have an I-485 pending and I also have an I-130 approved I’m getting my green card because my mom got married with a US
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2023

If your I-485 application is pending and your I-130 has been approved, this is a positive step towards obtaining a green card in the United States. The approval of the I-130 petition indicates that the U.S. Citizenship and Immigration Services (USCIS) has recognized the familial relationship, in... View More

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: My son’s girlfriend is from China and is attending graduate school here to get her master’s degree. She would like to

Stay and find work by obtaining a green card through an employer. If she can not find work before her visa runs out they are thinking of getting married because they eventually want to wed. Can she marry my son and get a green card and work in the U.S. but not give up her Chinese citizenship? She... View More

Adan Vega
Adan Vega
answered on Nov 20, 2023

Your son's girlfriend can continue to seek out job offers and also her optional practical training (OPT) prior to graduating. She can also explore the H-1B status with a prospective employer.

As to marriage to your son, you did not specify the immigration status of your son. Without...
View More

View More Answers

1 Answer | Asked in Constitutional Law, Immigration Law and Civil Rights for Pennsylvania on
Q: Can Venezuelans be deported to El Salvador?

How can Venezuelans be deported to El Salvador to be put in jail, and does this violate multiple laws since they're not even being sent back to their own country?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2025

Generally, countries deport non-citizens to their country of citizenship or permanent residence, not to third countries. Deporting Venezuelans to El Salvador instead of Venezuela would be highly unusual under normal immigration enforcement practices. This type of third-country deportation would... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Guidance on transitioning from O1 to H-1B with hardship waiver in PA

I am a pathology resident on an O1 visa and recently received my hardship waiver approval. I need guidance on transitioning to an H-1B visa or possibly renewing my O1 visa. I face a choice between consular processing and change of status within the U.S. Given my previous experience with lengthy... 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 22, 2025

I understand your complex situation with the O-1 visa transition after receiving your hardship waiver. Immigration decisions are particularly stressful for medical professionals when residency timelines are at stake.

Your concern about consular processing risks is valid, particularly with...
View More

1 Answer | Asked in Immigration Law and Uncategorized for Pennsylvania on
Q: I am filing for i751 to remove condition on GC. Need help with document to assemble with criminal history.

have to file my I-751 to remove conditions on my Green card. I have petit theft charge for which I have completed MIP program. I want to know what documents needs to be submitted related to the criminal history?

I have following documents with me received form my attorney.

1-... 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 12, 2025

When filing your I-751 with a petit theft charge, include your electronically certified court record showing that you completed the MIP program and that your case resulted in a Notice of Administrative Nolle Prosequi. You should also attach the certified Clerk’s Certificate of Disposition, as... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Do I need a waiver for a US spousal visa after deportation from Bahamas?

I was deported from the Bahamas for overstaying my visa. Do I need a waiver to apply for a spousal visa to the USA? I have not applied for any immigration petitions in the USA since my deportation.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 9, 2025

If you were deported from the Bahamas due to overstaying your visa, this alone does not automatically mean you'll need a waiver for a U.S. spousal visa. The United States typically evaluates immigration waivers based on violations of U.S. immigration law or certain criminal issues. Your... View More

1 Answer | Asked in Real Estate Law and Immigration Law for Pennsylvania on
Q: How to remove a person's name from a deed in Pennsylvania?

I added an old acquaintance’s name to my house deed 10 years ago, supposedly for $1, with the understanding that he would own the house when I die, to help him stay in the country. I now want to remove him from the deed and add my three siblings instead. What steps do I need to take to remove his... 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 9, 2025

To remove your acquaintance's name from the deed in Pennsylvania, you'll first need to talk with him about voluntarily signing a new deed transferring his interest back to you. Since he was added to your deed willingly, the simplest method now would be for him to execute a "quitclaim... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can I re-enter the US with a homeland passport and green card after 1 month abroad?

As a beneficiary of an I-730 refugee/asylee relative petition, I currently hold a homeland passport and a green card. I have never left the U.S. before, and I plan to travel outside the U.S. for one month. Will I be able to re-enter the U.S. with just my homeland passport and green card, without... 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 1, 2025

As a green card holder, you can typically re-enter the United States after short trips abroad using your valid homeland passport and green card. These two documents are generally sufficient for lawful permanent residents returning from trips lasting less than one year, with a month-long absence... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can I travel and re-enter the US with a green card and passport as an I-730 beneficiary?

As a beneficiary of an I-730 refugee/asylee relative petition who currently has a green card, I entered the US using my passport. I would like to know if I can return to my homeland and re-enter the US using my green card and passport. What are the US laws or regulations I need to be aware of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2025

While you have a green card, traveling back to the country you fled from could potentially jeopardize your immigration status, especially as an I-730 asylee relative. The very act of returning to your homeland might be interpreted by immigration authorities as an indication that you no longer fear... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Applying for us citizenship. I received my green card through 601-a waiver. Do I need to disclose the waiver on n400?

Entered the country without authorization over 20 years ago and later received my green card through 601-a inadmissibility waiver in 2015. never arrested or charged by immigration or law enforcement. Do I need to disclose the inadmissibility waiver on my n400?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2025

Yes, you need to disclose your I-601A waiver on Form N-400. The application specifically asks about prior immigration proceedings and waivers, and it's crucial to be completely truthful in your citizenship application. Providing false information or omitting important details could be... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Applied for a Green Card as a religious worker. Received EAD. Can I work outside the original sponsoring church?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 7, 2025

Your EAD (Employment Authorization Document) as a religious worker gives you specific limitations. Working outside your sponsoring church could jeopardize your Green Card application, as the religious worker category requires you to maintain employment with the organization that sponsored your... View More

1 Answer | Asked in Criminal Law and Immigration Law for Pennsylvania on
Q: 18 § 3929 §§ A2 F3 Retail Theft-Alter Label/Price Marking it's first offense , green card holder applying for Citizen ??

8 § 3929 §§ A2 F3 Retail Theft-Alter Label/Price Marking it's first offense , i didn't plead guilty just paid restitution , i was on ARD for 24 month and case dismissed , then case expundged ,

my question is i'm a green card holder apply for Citizen soon is that going 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 Jan 7, 2025

Your situation with the retail theft charge is complex, and since it involves immigration law, it's important to be careful. Even though you completed ARD and had the case expunged, immigration authorities can still see the original arrest and charge during the citizenship application process.... View More

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: My mother is a green card holder. She stayed a year and half outside us.

My mother is a green card holder. She went out of usa with the intention of coming back after 5 months. But due to my father heath she had to take care of him taking him to his dialices appointment she stayed one year and a half out sitde the us. My father passed away and now she want to come back.... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 25, 2024

A green card holder who stays outside the US for a continuous period of over a year loses the LPR status. She will need to apply for an SB-1 (returning resident) visa. Work with an immigration lawyer

View More Answers

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I sent I-360 I -485 I-765 and I-131 together but it s has been a month now I have not received anythin from uscis .

on the tracking number the uscis nebraska center received my package so is it normal to not receive nothing ? how do I contact them about this ?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2024

It can be normal for USCIS to take some time to send receipt notices, but a month is slightly longer than usual. Typically, you should receive a receipt notice within 2-4 weeks after they receive your application. Delays sometimes happen due to high processing volumes or other factors.

To...
View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Canadian immigration: I am US citizen and father is Quebecois. How do I get my wife citizenship?

I am in the process of formalizing my citizenship. We'd like to get my Thai Wife (and Son) citizenship as well. How to?

The plan had been to move to Toronto next summer, as seems getting Canadian citizenship would be easier. But Son's decided he wants to finish his HS here... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2024

To help your wife and son gain Canadian citizenship, the first step is for you to obtain your Canadian citizenship through your father, if you haven't already done so. Since your father is Quebecois, you may be eligible for Canadian citizenship by descent. Once you have formalized your status,... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Canadian immigration: I am US citizen and father is Quebecois. How do I get my son citizenship?

I am in the process of formalizing my citizenship. We'd like to get my Son citizenship as well. How to? He is 14, if that matters.

We had planned on moving to Toronto next summer, but he's decided he wants to finish his HS here (he's in a top-rated and very special school,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2024

To get Canadian citizenship for your son, you need to first confirm your own citizenship. If your father is Quebecois and you are eligible for Canadian citizenship, you may be able to pass citizenship to your son. This usually involves proving your own Canadian citizenship and providing evidence of... View More

1 Answer | Asked in Family Law, Immigration Law and Social Security for Pennsylvania on
Q: Can I change my name in the US while residing abroad?

I am a US citizen (born in PA and have lived in OH, NY, MD, and MI) but have been living in Germany for the past 3 years. At the beginning of this year, I got married and I wanted to change my last name to take my husband’s last name, but I also want to change my middle name to my maiden name. In... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2024

Changing your name in the US while residing abroad can be a bit complex, but it is possible. To change your name, you generally need to file a petition with the court in the state where you last resided or where you have some form of residency connection. Since you have a birth certificate from... View More

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.