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Texas Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Texas on
Q: I am Au Pair and my fiancé and i want to get married. Is that possible even though my J1 will expire in July 2025.

I want to change my status here to get a green card so i can live with my future Husband in the USA. Do i have to change the name on my J1 Visa because of marriage? I know i have to change it on all my Documents like passport, driver license… But is my J1 still valid even though my name change in... View More

James L. Arrasmith
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answered on Jul 20, 2024

Yes, you can get married while on a J1 visa. Once married, you can apply to change your status to obtain a green card and live with your future husband in the USA. The name change due to marriage will not affect the validity of your J1 visa.

Your J1 visa remains valid even if your name...
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1 Answer | Asked in Immigration Law for Texas on
Q: Is it a big issue if my DS-160 is different from my resume I applied for the company in the Green Card process?

Hi. I am a international student on F1 visa and recently I was hired by a company on CPT. They agreed to sponsor my green card. So for Green card process they asking for my resume. Now my problem is that my DS-160 (my experience mentioned there) doesn't match with my resume. Is it critical,... View More

James L. Arrasmith
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answered on Jul 2, 2024

This is a complex situation that could potentially have significant implications for your immigration process. Here's a concise overview:

1. Discrepancies between official documents and your resume can be problematic in immigration matters.

2. The DS-160 is a government form,...
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2 Answers | Asked in Family Law and Immigration Law for Texas on
Q: Hello, I have a question regarding getting married in the U.S., with one person being a foreigner.

I met my Fiancè over two years ago. We were dating for 1 1/2 years before I proposed to her. She has been entering on an ESTA. I proposed to her of March this year in the U.S. As relations between her country (in European Union) and the US government are not good, we would like advice on how to... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 2, 2024

An immigrant entering on ESTA can only intend to visit and cannot have preconceived intent when entering the US. However, there is nothing wrong with entering on ESTA with the intent to visit but later on changing your mind and wanting to stay. This is far more common than you would think. It is... View More

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2 Answers | Asked in Family Law and Immigration Law for Texas on
Q: Hello, I have a question regarding getting married in the U.S., with one person being a foreigner.

I met my Fiancè over two years ago. We were dating for 1 1/2 years before I proposed to her. She has been entering on an ESTA. I proposed to her of March this year in the U.S. As relations between her country (in European Union) and the US government are not good, we would like advice on how to... View More

James L. Arrasmith
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answered on Jul 2, 2024

Here's a concise response to the situation:

1. ESTA and Marriage: You can legally marry while your fiancée is in the US on an ESTA. However, entering on an ESTA with the intent to marry and stay permanently could be considered visa fraud.

2. Options to Consider:

a) K-1...
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1 Answer | Asked in Immigration Law for Texas on
Q: As a green card holder, if my re-entry permit application is rejected, what options do I have to address the issue?

I am a green card holder and applied for a re-entry permit on October 31, 2023, citing the reasons of "caring for my 75-year-old mother and settling an inheritance property." I provided fingerprints on November 30, 2023, and left the USA on December 26, 2023. Since then, I have checked... View More

James L. Arrasmith
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answered on Jun 30, 2024

Based on the situation you've described, here are some options you might consider:

1. Wait for a decision:

Given the USCIS response about high volume and long processing times, waiting for a decision is a valid option. However, this may be challenging if you need to stay abroad...
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1 Answer | Asked in Immigration Law for Texas on
Q: Can I travel to Puerto Rico on my OPT and return to the mainland United States without a visa?

I have a valid driver's license and EAD card. My visa stamp on my passport is expired for re-entry.

James L. Arrasmith
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answered on Jun 26, 2024

To answer this question accurately, let's break down the key points:

1. OPT (Optional Practical Training) status

2. Travel to Puerto Rico

3. Return to mainland United States

4. Expired visa stamp

Here's the information you need:

1. Puerto...
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1 Answer | Asked in Immigration Law for Texas on
Q: My green card was approved in 2022 but delivered to wrong address which is my former address. And, i need to travel out

of country soon. We reapplied for re-delivering green card to my new address. It’s still being reviewed and it’s been 16 months since we reapplied. Is there anyway to travel to out of country ?

James L. Arrasmith
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answered on Jun 26, 2024

I understand your situation and the urgency to travel. Here's some information that may be helpful:

1. Emergency Travel Document: You might be able to apply for an I-131A, Emergency Travel Document, at a U.S. embassy or consulate abroad. This allows lawful permanent residents to return...
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1 Answer | Asked in Immigration Law for Texas on
Q: As a green card holder, if my re-entry permit application is rejected, what options do I have to address the issue?

I am a green card holder and applied for a re-entry permit on October 31, 2023, citing the reasons of "caring for my 75-year-old mother and settling an inheritance property." I provided fingerprints on November 30, 2023, and left the USA on December 26, 2023. Since then, I have checked... View More

James L. Arrasmith
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answered on Jun 20, 2024

Based on the situation you've described, here are some options you might consider:

1. Continue waiting: Since USCIS has indicated that 80% of cases are completed within 16 months, and your application was submitted relatively recently (less than 8 months ago), you may simply need to be...
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1 Answer | Asked in Immigration Law for Texas on
Q: Want to see what I can do now to move the process faster for my husband to bring him back to the USA legally.

We have received a I-797 notice of action on Dec 26 2023 but haven't heard anything since. And want to see if we can do something faster to bring him now that Biden passed that law?

James L. Arrasmith
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answered on Jun 19, 2024

First, check the status of your I-797 notice of action online through the USCIS Case Status tool. It will give you the latest updates on your application. If there are no updates, consider contacting USCIS directly through their customer service number for more specific information on your case.... View More

1 Answer | Asked in Immigration Law for Texas on
Q: As a green card holder, if my re-entry permit application is rejected, what options do I have to address the issue?

I am a green card holder and applied for a re-entry permit on October 31, 2023, citing the reasons of "caring for my 75-year-old mother and settling an inheritance property." I provided fingerprints on November 30, 2023, and left the USA on December 26, 2023. Since then, I have checked... View More

James L. Arrasmith
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answered on Jun 19, 2024

Here are some thoughts on your options if your re-entry permit application is rejected:

1. Appeal the Decision: If USCIS denies your re-entry permit application, you may file an appeal using Form I-290B (Notice of Appeal or Motion) within 30 days of the denial. In the appeal, provide...
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2 Answers | Asked in Immigration Law for Texas on
Q: As a US citizen petitioning for mom, on form I-864 do I need to add as part of household my other US citizen siblings?

US citizen daughter petitioning mom.

Dad is Permanent resident.

Will add dad in the I-864 form to help with income since I don’t make enough. But do I also need to show that my household also includes three US citizen sisters ?

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answered on Jun 15, 2024

When petitioning for your mother using Form I-864 (Affidavit of Support), you generally do not need to include your U.S. citizen siblings as part of your household. The primary purpose of Form I-864 is to demonstrate that you, as the sponsor, have sufficient income and/or assets to support the... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: How long can I leave the USA without forfeiting my green card?

I have to go back to my country of origin to take care of my aging father for a year or two. I plan on coming back to the USA as I own a house here, and my children and grandchild are here. I was told that if I was gone for a year I would forfeit my green card. If I return before the year is up how... View More

James L. Arrasmith
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answered on Jun 14, 2024

To avoid forfeiting your green card, you should not stay outside the USA for more than one year without proper documentation. If you need to be abroad for an extended period, you can apply for a re-entry permit before you leave, which allows you to stay outside the USA for up to two years without... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: How long can I leave the USA without forfeiting my green card?

I have to go back to my country of origin to take care of my aging father for a year or two. I plan on coming back to the USA as I own a house here, and my children and grandchild are here. I was told that if I was gone for a year I would forfeit my green card. If I return before the year is up how... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 15, 2024

You need to apply for a re-entry permit which may allow travel outside the US for up to two years. Support your application with medical records showing fathers illness and any evidence from Dad and Dad’s doctors establishing that your help and support would be indispensable to his recovery.

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1 Answer | Asked in Immigration Law for Texas on
Q: I have a work permit without travel can I use it to travel to Puerto Rico. I am yet to receive my green card.
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answered on Jun 14, 2024

Yes, you can travel to Puerto Rico with a valid work permit. Puerto Rico is a U.S. territory, and travel to and from Puerto Rico is considered domestic travel. Therefore, a work permit issued by the U.S. Citizenship and Immigration Services (USCIS) should be sufficient for travel to Puerto Rico.... View More

1 Answer | Asked in Immigration Law for Texas on
Q: If I have Advance Parole through DACA and now have a legal entry, do I still need to submit a pardon?

I am currently in the process of applying for a permanent Residence. My case has been approved and is now with the NVC awaiting my fee payment. However, I know that after that has been completed, I will have to submit a pardon for over staying my visa as a child (I have DACA). I know some cases... View More

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answered on Jun 11, 2024

Based on the information you've provided, it seems that you entered the United States without inspection as a child, but later obtained Deferred Action for Childhood Arrivals (DACA) status and subsequently received Advance Parole (AP) to travel abroad and return legally to the U.S.

In...
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1 Answer | Asked in Immigration Law for Texas on
Q: I departed US for Canada since October 2018. How do I go about immigration removal proceeding in court & I'm not in US

I was asked to leave US after my failed application for permanent residency through marriage in 2018.

I left voluntarily to Canada in October 2018.

I was informed there's removal proceeding against me in San Antonio Immigration court and I already left the country since October... View More

James L. Arrasmith
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answered on Jun 3, 2024

Since you have already left the U.S. voluntarily and are now in Canada, the removal proceedings against you in San Antonio Immigration Court should be addressed promptly. First, contact the court directly or through an immigration attorney to inform them of your departure and current location. This... View More

1 Answer | Asked in Immigration Law and Identity Theft for Texas on
Q: Do illegal immigrants have a right to call there family?

Last time communication between family was 05/22/2024 @ 1214pm from MFE airport from an agent

Family has called to McAllen PD

And ICE office and “supposedly” not in detention

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answered on May 24, 2024

Yes, immigrants in detention, regardless of their legal status, have the right to communicate with their family. This includes the right to make phone calls and have access to legal representation. Detention facilities are required to allow detainees to contact their families and attorneys, though... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for Texas on
Q: Can me and my children still get the green card if I divorce the primary applicant?

My family and I got here from Colombia, because my husband had a special individual visa. Our green card has been approved but it now needs to be reviewed (which can take at least 6 months). I just found out he’s cheating. If I divorce him now, can I still get the green card for me and my children?

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answered on May 21, 2024

I'm sorry to hear about your difficult situation. The impact of divorce on your and your children's green card eligibility will depend on the specific type of visa and green card process you're going through. Here is some general information, but please know that it's best to... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Immigration

Last year my friend got an H1B picked in the lottery which is a professional work permit. He lost his H1B due to a crime incident where he was assaulted. A Criminal Investigation is still pending and the suspect has not yet been found. Now how can he reinstate his Last year's H1B Work... View More

James L. Arrasmith
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answered on May 21, 2024

I'm sorry to hear about your friend's difficult situation. Losing an H1B visa due to circumstances outside one's control, especially being the victim of a crime, is very unfortunate.

Unfortunately, once an H1B petition has been withdrawn by the sponsoring employer, as...
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1 Answer | Asked in Immigration Law for Texas on
Q: Can I get married to a US citizen (Texas) if I am here on an ESTA? I will not be seeking immigration or settlement.

I am on the 2nd trip visiting my fiancee and we decided to go ahead and get married now while their parents are still here. I have an ESTA (visa waiver), can I apply for a marriage license in Texas with that? Our goal is get married and apply for a spouse visa so my partner can move back to the UK... View More

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answered on May 18, 2024

Yes, you can get married in Texas while you are visiting on an ESTA (Electronic System for Travel Authorization) through the Visa Waiver Program. The ESTA allows you to travel to the United States for tourism or business purposes for up to 90 days without obtaining a visa.

However, it is...
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