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Washington Immigration Law Questions & Answers
1 Answer | Asked in Civil Rights, Employment Law and Immigration Law for Washington on
Q: Can I report degrading treatment of suspected shoplifters by AP staff?

I work as a cashier for a large company and was called to the Asset Protection (AP) office to translate during an incident with suspected shoplifters who did not speak Spanish. I witnessed the AP staff intimidating and taunting these individuals, making disrespectful remarks about their immigration... View More

James L. Arrasmith
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answered on Mar 15, 2025

Yes, you absolutely have the right to report this kind of behavior. Even if someone is suspected of wrongdoing, they must still be treated with respect and dignity. The degrading comments and intimidation tactics you witnessed are inappropriate and may violate workplace policies or... View More

1 Answer | Asked in Immigration Law and DUI / DWI for Washington on
Q: Deported, removal order, Nicaragua, options to return, US citizen girlfriend, DUI charges.

If someone was deported with a removal order for not appearing at their hearing, and they have just been deported to Nicaragua, what actions or options do they have to come back to the US? The individual has a US citizen girlfriend and family, although none are US citizens, and they have two DUI... View More

James L. Arrasmith
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answered on Mar 15, 2025

Your situation is challenging because a removal order typically bars reentry for several years (often 5-10 years), and returning without proper authorization could result in severe penalties including criminal charges. The DUI charges further complicate matters as they may be considered crimes... View More

1 Answer | Asked in Immigration Law for Washington on
Q: Can I file I-485 if wife's EB3 is approved first?

My wife’s EB3 I-485 application, based on employment, has been pending for the past four months. She recently received an RFE regarding a birth certificate issue, which has been resolved. We got married recently, and I am planning to file my own I-485 as a derivative adjustment applicant. I am... View More

James L. Arrasmith
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answered on Mar 9, 2025

You can still file your I-485 as a derivative applicant even if your wife's EB3-based adjustment application is approved before you submit yours, provided you were legally married before her approval date. USCIS recognizes your eligibility as a derivative beneficiary based on your marital... View More

1 Answer | Asked in Immigration Law, Gov & Administrative Law and International Law for Washington on
Q: Can I get legal assistance to return to Ireland from Afghanistan?

As an 18-year-old Irish citizen currently in Afghanistan, I'm unable to travel alone due to local restrictions that prevent women from doing so. I previously contacted Irish authorities last year, and while there was initially a plan for me to return, that is no longer the case. There are no... View More

James L. Arrasmith
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answered on Feb 20, 2025

Your situation sounds incredibly challenging, and I want you to know that help is available. As an Irish citizen, you have fundamental rights to return home, and there are organizations dedicated to supporting people in circumstances like yours.

The Irish Department of Foreign Affairs and...
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1 Answer | Asked in Immigration Law and Family Law for Washington on
Q: Can I apply for a waiver to joint I-751 filing or other options after USCIS mistake?

I have been married to my husband for 10 years, and we have a 7-year-old daughter together. Despite our rocky times, we live together and can demonstrate the legitimacy of our marriage through photos, joint leases, and other documentation. We married abroad while my husband had a green card, and I... View More

James L. Arrasmith
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answered on Feb 19, 2025

You have a complex situation that deserves careful consideration, given USCIS's administrative error and your husband's unwillingness to cooperate with the I-751 filing.

Based on your circumstances, you may be eligible for an I-751 waiver since you've been married for 10...
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1 Answer | Asked in Immigration Law and Domestic Violence for Washington on
Q: Can I apply for an I-751 waiver without my husband's signature in WA?

I have been married for 10 years and currently live with my husband. We have a 7-year-old daughter together. My husband is unwilling to sign the I-751 petition, and our relationship has not been ideal, with his desire to maintain control. There have been two police calls against him in the past,... View More

James L. Arrasmith
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answered on Feb 19, 2025

You can file an I-751 waiver without your husband's signature if you can demonstrate that your marriage was entered into in good faith but has become problematic. The documented police calls and the controlling behavior you've described could support your case, though gathering additional... View More

1 Answer | Asked in Immigration Law for Washington on
Q: Overstayed my H1B Visa since 2000, what is my option with Trump's administration...apply for T Visa or wait till 2029?

I worked as a semiconductor manufacturing specialist with the understanding that my employer would sponsor my green card and cover legal fees if I accepted a $46K salary (below market rate of $55K). However, he did not fulfill his promise, particularly after the 9/11 attacks, which led to financial... View More

James L. Arrasmith
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answered on Feb 4, 2025

Given the serious nature of your situation involving labor exploitation and sexual abuse, you may qualify for a T visa, which provides protection for victims of human trafficking. Your experience with wage theft, coercion, and sexual exploitation while working under vulnerable circumstances... View More

1 Answer | Asked in Immigration Law for Washington on
Q: Is it okay to drop middle name on I-485 form?

Got married in Washington state.

James L. Arrasmith
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answered on Jan 21, 2025

When filling out Form I-485 (Application to Register Permanent Residence), you should list your name exactly as it appears on your legal documents, including your middle name if you have one. Immigration officials use this information to verify your identity across multiple documents and databases.... View More

1 Answer | Asked in Immigration Law for Washington on
Q: I have a history of arrest with no conviction at the border. Am I able to get a NEXUS card?

Years ago as teenagers, my girlfriend at the time (wife now) and I attempted to cross border into Canada from WA for a concert with small amount of illegal drugs on us. We were both arrested, with our car being impounded. We were released, denied entry and turned around. I've been able to... View More

James L. Arrasmith
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answered on Jan 6, 2025

Having a past arrest, even without a conviction, can impact your eligibility for a NEXUS card. The program requires applicants to demonstrate they are low-risk travelers, and any history of legal issues is carefully reviewed during the application process.

However, each case is assessed...
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1 Answer | Asked in Criminal Law, Immigration Law, Appeals / Appellate Law and Civil Rights for Washington on
Q: How to complaint about petitioner of protection order first name is fake?

I am the respondent and appellant in a protection order case. It was later revealed that the person used a fake first name since entering the United States. I have documents, pictures, and evidence from their social media interactions. However, I have not communicated with the person directly;... View More

James L. Arrasmith
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answered on Dec 11, 2024

Let me help you understand the legal implications of your situation while being mindful of both your rights and obligations under the protection order.

Regarding online searches, looking up publicly available information about someone, even if they're using a different name, generally...
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2 Answers | Asked in Immigration Law for Washington on
Q: Does a family sponsored green card require the sponsor's approval to get the citizenship?

My husband and I married abroad in 2013. He was a green card holder back then and applied for my green card. I got mine, and came to the US in 2015. The green card category is F21. We have been living together for 9 years and have a 7 year old daughter. I want to apply for citizenship, but my... View More

Syed Ali Hussain Lahooti
Syed Ali Hussain Lahooti
answered on Dec 5, 2024

You do not require that approval.

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2 Answers | Asked in Divorce, Family Law, Immigration Law and International Law for Washington on
Q: How can I find a lawyer knowledgable in United States and Costa Rican law? Is there a website I can use? I need…

to speak to someone about the enforcement of alimony orders between these countries.

Tim Akpinar
Tim Akpinar
answered on Sep 5, 2024

It could take some research and legwork on multiple websites. These could include legal directories, consular offices, and various bar associations. Good luck

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1 Answer | Asked in Divorce, Family Law, Immigration Law and International Law for Washington on
Q: My wife is a Costa Rican national and has permanent residency in the United States which she obtained through…

our marriage. However she moved back to Costa Rica a year ago and doesnt plan to return. I am a United States citizen. We have been married 5 years and got married in Costa Rica. We are currently getting divorced in Costa Rica, I signed power of attorney to a lawyer there. She is asking for $2000... View More

James L. Arrasmith
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answered on Aug 31, 2024

Enforcing an alimony order from Costa Rica in Washington State can be complicated but not impossible. Your wife would need to go through the legal process of domesticating the foreign divorce decree in the U.S., which typically involves proving that the Costa Rican court had proper jurisdiction and... View More

1 Answer | Asked in Employment Law, Immigration Law, Business Formation and Business Law for Washington on
Q: Can I start an LLC on an F1 OPT as a foreigner? If yes, am I allowed to work full-time for my LLC and draw a salary?

I graduated in May 2024 with an MBA degree and I am currently on my F1 OPT. I have been working on a business idea for some time, and would like to start an LLC to formalize my business and use it as my OPT for the first year. I have already spoken to my DSO and while they have not raised any red... View More

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answered on Aug 16, 2024

You can form an LLC while on F1 OPT, but there are some important limitations to be aware of. While starting the business is allowed, working full-time for your own company can be problematic. The U.S. immigration rules for OPT require that employment be directly related to your field of study, and... View More

1 Answer | Asked in Immigration Law for Washington on
Q: How do I proceed if I left the US without Advance Parole and want to reapply for I-485 later this year?

Due to a recent family emergency, I unintentionally abandoned my I-485 application by leaving the United States with an O-1 visa without first obtaining an Advance Parole. I have received an RFE indicating the issue and the potential denial.

I already received approval for my I-130... View More

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answered on Jul 18, 2024

If you left the US without Advance Parole, you will need to take some specific steps to address your situation. First, you should formally withdraw your current I-485 application by writing a letter to the USCIS office handling your case. In your letter, explain the circumstances and request the... View More

1 Answer | Asked in Immigration Law for Washington on
Q: My case I-730 approved on 21/5/2024 and it’s send to department of state for visa processing. But the next processing.

14/6/2024 it was sent to department of state for visa processing.

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answered on Jul 18, 2024

Your I-730 case was approved on May 21, 2024, and then sent to the Department of State for visa processing on June 14, 2024. The next steps involve the National Visa Center (NVC) receiving your case. The NVC will assign a case number and notify you when they are ready to start processing your visa... View More

1 Answer | Asked in Immigration Law for Washington on
Q: Can I enter canada from US on W1 and return back to US using F1?

Hi,

I will be moving to Canada next month on W1. My EAD expires May 19th. I wanted to visit Canada before to check out neighborhoods and put stuff in storage.

Is it possible to enter and exit Canada on W1 (I don't have visitors visa from Canada)?

- What documents would... View More

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answered on Apr 11, 2024

Based on the information provided, here are some key points and answers to your questions:

1. Entering Canada on W1:

- As a U.S. visa holder (W1), you may be eligible to enter Canada without a visitor visa under certain conditions.

- You should have a valid passport, your W1...
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1 Answer | Asked in Immigration Law for Washington on
Q: Employer change do I have to get my Visa stamped again?

I'm on an H1B visa and I have my previous employer's name on my Visa stamping. I changed employer a year ago and I have a new i-797 with the new employer name. My Wife is on H4 Visa and she also has my old employer's name on the Visa stamping. We are traveling to India. Should go for... View More

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answered on Oct 22, 2023

If your current H1B visa stamp, as well as your wife's H4 visa stamp, are still valid, you generally do not need to get a new stamp just because you changed employers. The visa stamp primarily serves as an entry document. When you return to the U.S., you should present your new I-797 approval... View More

3 Answers | Asked in Immigration Law for Washington on
Q: I applied for a Fiancée visa, it was approved, my fiancée is visiting , can we get married and apply for her GC now?

Still waiting for the Fiancée visa interview at the Cd Juarez consulate. My Fiancée is here with me on a tourist visa. If we get married now, will that affect the application for her green card?

Ms Grace I Gardiner
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answered on Oct 16, 2023

The fiancé visa states that "If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).

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1 Answer | Asked in Immigration Law for Washington on
Q: Is it okay to apply to the Canadian Express Entry programme while on pending asylum in the US?

Hello. I'm in the US on a pending asylum case (affirmative asylum and pending for several years now). I found out that I qualify for Canada's express entry programme, which provides me with an equal protection from persecution in my home country. Leagally speaking (from the US side of... View More

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answered on Sep 3, 2023

Applying for Canada's Express Entry program while having a pending asylum case in the U.S. could have implications for your U.S. asylum claim. The U.S. authorities might question your fear of persecution if you are willing to consider relocating to another country. Consult an attorney familiar... View More

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