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Washington Immigration Law Questions & Answers
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

James L. Arrasmith
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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 Criminal Law and Immigration Law for Washington on
Q: As a nonimmigrant alien in Washington state, am I allowed to use a gun in self defense? I hav a concealed pistol license

I possess a hunting license (federal law) and an Alien Firearms License ( state law) and also a concealed pistol license.

John Michael Frick
John Michael Frick
answered on Aug 21, 2023

Your immigration status does not impact your right to use a gun in self defense.

1 Answer | Asked in Criminal Law, Immigration Law and Federal Crimes for Washington on
Q: If an inmate completes his 15 year sentence, does he have any time to see his mother before he is deported?

I'm asking for a 94 year old mother who wants to be able to see her son. He came to USA when he was a young boy from Scotland. He is at Snake River Correctional Institution, Ontario, OR however, I live in Seattle, WA.

James L. Arrasmith
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answered on Jul 6, 2023

When an inmate completes a 15-year sentence, the possibility of visiting their mother before deportation depends on immigration status, legal restrictions, and logistical considerations. Consulting an immigration attorney specializing in deportation and family visitation rights is recommended for... View More

1 Answer | Asked in Immigration Law for Washington on
Q: So I currently have DACA and thinking of visiting my girlfriend in Arizona, will I have problems or issues flying there?
Ms Grace I Gardiner
Ms Grace I Gardiner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2023

No you should not have any problems flying from your state to Arizona.

Please walk with your valid work permit, an unexpired passport and/or driver's License

1 Answer | Asked in Immigration Law for Washington on
Q: Marry on ESTA

Hello, I'm a german citizen who visited her boyfriend in the US without the intention of getting married. Now we decided that we want to get married and are confused with the laws. I also don't want to go back to Germany and want to stay here and we want to start the green card process on... View More

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on May 30, 2023

Das sollten Sie am besten direkt mit einem Rechtsanwalt besprechen.

1 Answer | Asked in Family Law, Immigration Law, Child Custody and Child Support for Washington on
Q: Wife keeping son in Philippines against my will, didn't let him return with me, can I stop her from taking son again?

When my wife (with a US green card) eventually returns with my son (Who is a US citizen) to America, can I prevent her from taking him back to the Philippines and keeping him there against my will again?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

In some cases a custodial parent has a primary decision making ability with respect to the minor's whereabouts.

For instance, if the second parent lost or never obtained an ability for shared parental responsibilities then one may not prevent a legally custodial parent from traveling...
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1 Answer | Asked in Immigration Law for Washington on
Q: Will a person with H1-B visa (cap-subject; approved I-140) need to ever go through lottery while changing employers?

Background: An individual with an H1-B cap-subject visa and an approved I-140, currently employed by a for-profit employer (say Google)

Step 1: Moving from a for-profit employer (Google) to a non-profit employer (say Harvard).

Step 2: Moving back from the non-profit employer... View More

Carl Shusterman
Carl Shusterman
answered on Aug 2, 2022

The issue is whether you previously were selected in the H-1B lottery. If so, you do not need to go through the H-1B lottery again. However, if you did not go through the H-1B lottery because your previous H-1B employers was cap-exempt, you will have to go through the lottery if you wish to work... View More

2 Answers | Asked in Immigration Law for Washington on
Q: How do I prove when I left the country in 2000?

I submitted my i485 adjustment of status application. They responded to me with an RFE asking for proof of when I left the US in the year 2000.

I no longer have the passport that I used when exiting the country. I have put in two CBP FOIA requests as well as a USCIS FOIA request. All of... View More

Namita Agarwal
Namita Agarwal
answered on May 5, 2022

The FOIA is good but that doesn’t provide the information, you will need to provide a notarized statement explaining the situation. May be worthwhile to have an attorney review and assist with this response. Good luck!

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1 Answer | Asked in Immigration Law for Washington on
Q: Can I apply for my green card while my husband is applying for his citizenship?

Mg husband is applying for his citizenship through military, can he sponsor me to get my green card at the same time or do we have to wait until he gets his citizenship first?

Kevin L Dixler
Kevin L Dixler
answered on Feb 25, 2022

There is another form of relief that you may pursue if your husband is active, not merely a reservist. I suggest that you consider that option while you wait for him to become a U.S. citizen. There is the possibility that there are other options, but I recommend that you seek a consultation with... View More

1 Answer | Asked in Immigration Law for Washington on
Q: How can I restart my asylum clock while I’m in process of removal proceeding.

My asylum application has referred to an immigration judge due to failure to appear interview. However, my previous attorney didn’t notify me about this interview and he changed the address as his address. Thus, I didn’t receive any notifications from USCIS, which caused my case has been... View More

Kevin L Dixler
Kevin L Dixler
answered on Feb 16, 2022

There are a number of applicants whose attorneys never received notice for the asylum hearing. This is not necessarily the attorney’s fault.

The law requires that USCIS send notice. The USCIS claims that it is not responsible if notice is ever received. A lawsuit may have to be filed to...
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1 Answer | Asked in Employment Law and Immigration Law for Washington on
Q: How can I stay in the US? I recently had my i485 denied but I don't know why yet.

I am married to a US citizen and have been for over 3yrs, I have been in the US since Aug 2018. I have been working and providing for my family since October 2020 which means my wife and stepdaughter now rely on my presence and income in our family. I haven't received my rejection notice yet... View More

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Feb 5, 2022

Hello,

You really need to see what the rejection notice says. You then need to gather all the evidence of your marriage and make an appointment to see a an immigration lawyer. There could be a very specific reason for the rejection that you say is coming or it could be something general....
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1 Answer | Asked in Immigration Law and Federal Crimes for Washington on
Q: Seek for help that OPT/OPT extension under security check by USCIS (processed more than 8 months)

On Dec 23rd, 2020, my friends and I traveled to Alaska for fun, but the driver accidentally drove into the military base. As the passengers, we cannot control our ability, but all were arrested and issued Penalty Violations of Security & Orders. We're dismissed without prejudice at the... View More

Kevin L Dixler
Kevin L Dixler
answered on Dec 29, 2021

This is unfortunate, but a mistake was made by your irresponsible friend. Now, the USCIS seems unwilling to devote time to reasonably adjudicate the EAD OPT applications. I suspect that no action will be taken any time soon. You really ought to hire experienced counsel, not dabble with a pro se... View More

3 Answers | Asked in Immigration Law for Washington on
Q: Can asylum case transfer to work visa(H-1B visa)?

I have an asylum case in the immigration court( my hearing date is in 2023), I'm wondering if I get hired from a company, can I transfer my case to an H-1B visa?

Samuil Buschkin
Samuil Buschkin
answered on Dec 27, 2021

The answer to that depends on how you entered the US before you sought asylum.

If you came in without a proper visa, that is entered the US without inspection, you will not be able to do that.

At the same time, if you entered the US with a visitor or a student visa and those are not...
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1 Answer | Asked in Immigration Law for Washington on
Q: How long does it take for marriage a green card if I'm in asylum status?

I have an asylum case in the immigration court( my hearing date is in 2023) and I'm going to marry a USC. I'm wondering should I request a motion to delay my asylum case and submit my I-130 form at the same time. In my case, how long does it usually take for I-130 approved? I'm in... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 26, 2021

You need to consult a licensed immigration counsel as there are many pitfalls in that fact pattern. You do not have the luxury of making a mistake with that case.

1 Answer | Asked in Family Law and Immigration Law for Washington on
Q: If I am emancipated in Brasil, will it still apply in the US.

I am not a citizen of the US but I am in the middle of my application for my green card. Just got my biometrics appointment!!

Raymond  Lahoud
Raymond Lahoud
answered on Dec 11, 2021

Thank you for your question. More information is needed to better answer your question. You note that you had your biometrics taken. What was that for?

1 Answer | Asked in Immigration Law for Washington on
Q: how long does it usually take for a marriage green card if I have an asylum case in the immigration court?

I have an asylum case in the immigration court( my hearing date is in 2023) and I'm going to marry a USC. I'm wondering should I request a motion to delay my asylum case and submit my I-130 form at the same time. In my case, how long does it usually take for I-130 approved? I'm in... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 4, 2021

Requesting to postpone an asylum hearing would be a mistake. You are asking the same fact pattern worded differently in other posting, without realizing that you will damage your personal case and your future in the United States acting without an experienced legal advice.

2 Answers | Asked in Immigration Law for Washington on
Q: question about a marriage green card.

I have an asylum case in the immigration court( my hearing date is in 2023) and I'm going to marry a USC. I'm wondering will immigration investigate marriage in my case? If so, they will usually investigate before the interview or after? But since my case is already in the immigration... View More

Samuil Buschkin
Samuil Buschkin
answered on Dec 4, 2021

USCIS, not the immigration court, will examine the bona fide merits of your marriage to ensure it's a real and not a fake marriage. There are many different types of evidence they request and expect.

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3 Answers | Asked in Immigration Law for Washington on
Q: Hello, How to apply for a marriage green card? I have no idea where to start and how to fill out forms. Thank you.

I'm an asylum status in the united states, and I have an individual hearing in the immigration court on Sep 12. 2023. However, my boyfriend and I have decided to get married. I'm wondering how can I transfer my case to a marriage green card and how can I start? I really need help since we... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 23, 2021

In basic terms, you need to file a concurrent package of federal forms Along with other evidence of a bona fide relationship, marriage, with proofs and supporting documents and have an LPR approval prior to your Asylum interview. In my professional opinion that this should be done with a trained... View More

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1 Answer | Asked in Immigration Law for Washington on
Q: I'm inquiring about green card eligibility for a G-1 Visa holder's daughter, (who is also a G-1 visa holder).

I'm inquiring about green card eligibility for a G-1 Visa holder's daughter, (who is also a G-1 visa holder and has stayed in the U.S for five years, and will attend college in New York, meaning she'll have stayed in the U.S for seven years between the ages of 5 and 21 as stated in... View More

Kevin L Dixler
Kevin L Dixler
answered on Nov 23, 2021

It is possible, but all adjustment applicants must 'not be' otherwise inadmissible. Other requirements may create challenges. A person's ability to adjust status also depends upon the discretion of the Attorney General. It is not obligatory. I strongly recommend an appointment... View More

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