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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
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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
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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

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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
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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
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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...
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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

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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
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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...
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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
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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
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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
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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

1 Answer | Asked in Immigration Law, Real Estate Law, Land Use & Zoning and Municipal Law for Pennsylvania on
Q: What lawyer do I need for house condemnation?

My house was condemned unfairly. It is not unsafe or unsanitary. My kids and I are now homeless. I appealed and have a hearing in August. City officials are saying I don't have a chance no matter what I do. Even if I do what they are saying is making it condemned. How can I fight this? I need... View More

James L. Arrasmith
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answered on Jul 18, 2024

You need to consult a real estate attorney who has experience dealing with property disputes and local government regulations. This type of lawyer can help you understand the specifics of your case, gather necessary evidence, and represent you at your hearing in August. They can also challenge any... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: N-400 continuous residency break or can i overcome?

Overcome continuous residency

Hello everyone! Im currently in process of getting citizenship. I have been a gc holder for 5 years and I went to my biometrics appointment last Wednesday. Now im trying to get ready for interview process.

When i got the gc i was in my senior year at... View More

James L. Arrasmith
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answered on Nov 10, 2023

Regarding your concern about breaking continuous residency for your N-400 application, it's important to note that trips outside the U.S. for more than six months but less than a year can potentially disrupt continuous residency.

However, if these trips were for a specific purpose...
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3 Answers | Asked in Criminal Law, Federal Crimes and Immigration Law for Pennsylvania on
Q: Looking for a Criminal Immigration / Deportation Defense Lawyer from Pennsylvania

In November 2022, my partner and I were charged with a retail theft summary offense (CC3929) of $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date. Considering we had no priors, our criminal attorney... View More

Peter J. Thompson
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answered on Sep 22, 2023

A lot is at stake, and you are right to be searching for an attorney who is well versed in both state criminal and U.S. immigration law and practice, including deportation defense (EOIR), affirmative applications (USCIS), and U.S. entries (CBP). Your attorney should also have a high level of... View More

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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Will my 2 misdemeanors present a problem with re entry to USA?

I have two misdemeanors in 2016 and I’m a permanent resident I just renewed my green card not to long ago and I want to travel out of the country but scared of being denied re entry to the USA I was cleared from deportation in 2017

Peter J. Thompson
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answered on Sep 15, 2023

You are right to be concerned...international travel with U.S. criminal convictions can be very troublesome. Upon return, Customs and Border Protection (CBP), in evaluating your request for entry as a lawful permanent resident ("green card"), may take issue with your convictions and 2017... View More

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can an immigration lawyer expedite the release of a F1 student visa that is under administrative processing for 1 year?

I am a senior undergraduate chemical engineering student at Penn State University. My F1 student entry visa has been under administrative processing since June 2022. Can an immigration lawyer open my case file, find out why it is taking so long for my visa to be issued, and expedite the release of... View More

James L. Arrasmith
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answered on Sep 14, 2023

An immigration lawyer can certainly help you inquire about the status of your F1 student visa application and advocate on your behalf. However, they cannot expedite the release of the visa themselves. Visa processing times are subject to various factors, including security checks and administrative... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can an immigration lawyer expedite the release of a F1 student visa that is under administrative processing for 1 year?

I am a senior undergraduate chemical engineering student at Penn State University. My F1 student entry visa has been under administrative processing since June 2022. Can an immigration lawyer open my case file, find out why it is taking so long for my visa to be issued, and expedite the release of... View More

James L. Arrasmith
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answered on Sep 8, 2023

Retaining an immigration attorney can potentially help in understanding the reasons behind the delay and working towards expediting the process. The attorney can communicate with the relevant government agencies on your behalf to seek information and push for a resolution. However, it is essential... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: How can I get free represent soon for a detainee in immigration as fast as I can?

A master hearing is coming up real soon and we have no representation

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answered on Sep 3, 2023

You can contact organizations like the Immigrant Legal Resource Center (ILRC), RAICES, or similar entities to request expedited assistance given the upcoming master hearing. It's critical to act quickly due to the limited availability of free legal services, especially close to a hearing date.

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Why does Form I-864 inquire about other persons I am sponsoring? Am I restricted from sponsoring two different people?

I am currently sponsoring my wife, who has permanent resident status. My brother-in-law is now asking if I can also sponsor him (as a joint sponsor). Is this possible, and if so, how?

Monica E Rottermann
Monica E Rottermann
answered on May 30, 2023

If you earn sufficient income, you are not restricted from sponsoring more than one immigrant. The reason the form asks if you have sponsored another individual is because that person is counted in the household size calculation. You can find the income requirements based on household size here:... View More

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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Can my brother-in-law become my petitioner on Form I-130 & Form I-864 instead of my wife? They are both US citizens.

My wife and I are unable to meet the financial thresholds required by Form I-864, so we would need to acquire a joint sponsor, which is an additional headache. Therefore I am wondering if my brother-in-law can be my petitioner on Form I-130 and I-864 instead, since he is able to meet the financial... View More

Kevin L Dixler
Kevin L Dixler
answered on May 20, 2023

No, your brother in law is disqualified as a matter of law. He is ineligible to petition too for an I-130. He can only act as a joint sponsor with your wife.

In order to avoid complications, including what can prove to be permanent bars on lawful immigration, I strongly recommend an...
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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Should I mail the I-751 supporting documents with the I-751? or is it a different address? Its not clear on the website
Peter J. Thompson
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answered on Mar 16, 2023

Great question -- you will want to mail all of your supporting documents with your Petition to Remove Conditions on Residence (USCIS Form I-751, current edition, ink signed and dated, with correct filing fee, and correctly filed before the all important deadline), but be sure to send copies of your... View More

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