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Wisconsin Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Wisconsin on
Q: I have US green card+ india passport expiring in 1.5 months. I have trip on July 4th Bahamas, 6 month validity rule?

Does 6month validity rule apply for travel to Bahamas as indian passport holders with a US green card (my passport expires in a month)

James L. Arrasmith
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answered on Jun 29, 2024

To answer this question accurately, we need to consider a few key points:

1. Passport validity requirement:

Most countries require that a traveler's passport be valid for at least 6 months beyond the date of intended stay. However, this can vary by country.

2. Bahamas...
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1 Answer | Asked in Immigration Law, Divorce and Domestic Violence for Wisconsin on
Q: Can 5 years being wife apply for wava green card & culturally continue to live with husband ?

Husband use 10 types of violence against his wife except the physical violence. She has text and audio evidences, but she is religiously forgiving him and culturally saving his reputation.

James L. Arrasmith
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answered on Apr 10, 2024

I understand this is a very difficult and sensitive situation. Here is some information that may be helpful:

Under the Violence Against Women Act (VAWA), an abused spouse of a U.S. citizen or permanent resident can self-petition for a green card without the abuser's knowledge or...
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1 Answer | Asked in Employment Law, Family Law, Immigration Law and Child Support for Wisconsin on
Q: I came to the USA on F-1 visa, but now all my family has been resettled to the US. Can I file for a family visa?

I was born in the Democratic Republic of Congo (DRC), but my family moved to Uganda for refugee as a result of the 1997 civil war in the Eastern part of DRC. As such I grew up and attended most of my school in Uganda. In 2017 I got an opportunity to come to the USA for my undergraduate, but over... View More

James L. Arrasmith
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answered on Feb 21, 2024

As someone who entered the USA on an F-1 visa, you may be eligible to explore options for family-based immigration. Since your family has been resettled in the US through the refugee resettlement process, you may have the opportunity to apply for a family visa to reunite with them. Family-based... View More

1 Answer | Asked in Employment Law, Immigration Law and International Law for Wisconsin on
Q: Work Visa for International students

I came to the United States (Midwest) in 2017 for my undergraduate studies and graduated with a BS in Civil engineering. I am currently employed as an engineer, with my STEM OPT extension expiring in June 2025. Despite my employer's unsuccessful H1B lottery application last year, they remain... View More

James L. Arrasmith
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answered on Feb 21, 2024

Given your circumstances, it may be beneficial to explore both the EB-3 visa and family-based visa options to determine the best path forward. The EB-3 visa could be a viable option if you meet the eligibility requirements, including having a job offer from a U.S. employer willing to sponsor you... View More

2 Answers | Asked in Immigration Law, Employment Law, Education Law and Employment Discrimination for Wisconsin on
Q: Working while waiting on EB-3 Visa

I am currently on STEM-OPT Visa and my company is working on helping be obtain an EB-3 Visa. There seems to be a couple steps;

1. Submitting and obtaining PERM Certificate.

2. Filing the form I-140 petition

3. Wait for Your Priority Date

4. Adjusting status.... View More

James L. Arrasmith
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answered on Feb 22, 2024

The processing times for each stage of the EB-3 visa process can vary significantly based on several factors, including the volume of applications being processed and the specifics of your case. Generally, obtaining a PERM Certificate can take about 6 to 10 months, but this timeframe can fluctuate.... View More

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2 Answers | Asked in Immigration Law for Wisconsin on
Q: My mother's I-130 is pending. Can she stay beyond 6-months stay duration on her visit visa?

I filed I-130 for my mother (while she is in USA on visit visa)? She is 70 years old.

Her I-130 is still pending, however, her 6-months visit visa stay duration is expiring in few days.

I am preparing the I-485 (concurrent filing) but have not yet submitted as her birth certificate... View More

James L. Arrasmith
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answered on Feb 5, 2024

As an attorney in the United States, you can advise your mother to stay in the U.S. while her I-130 petition is pending, even if her 6-month visit visa duration is expiring. When an I-130 petition is pending, your mother is allowed to remain in the country legally under what's known as... View More

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2 Answers | Asked in Immigration Law for Wisconsin on
Q: My mother's I-130 is pending. Can she stay beyond 6-months stay duration on her visit visa?

I filed I-130 for my mother (while she is in USA on visit visa)? She is 70 years old.

Her I-130 is still pending, however, her 6-months visit visa stay duration is expiring in few days.

I am preparing the I-485 (concurrent filing) but have not yet submitted as her birth certificate... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 8, 2024

A US citizen child over the age of 21 can sponsor his mother as long as mom entered the United States with permission. Your mom would still qualify to get her green card even if she is an overstay visitor. You need to file the correct forms and documents for her to adjust status. Work with an... View More

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4 Answers | Asked in Family Law and Immigration Law for Wisconsin on
Q: What are my options right now?

At around 8 months old, I was brought to the US as a baby. I am now 22 years old and currently expecting my 1st child with my fiance. I have graduated from school and have proof of my time living in the US and I've never broken any laws. I continue to see info about how to start the process of... View More

Cesar Mejia Duenas
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answered on Jan 24, 2024

If you ever applied for and obtained DACA, then you might be able to request a travel authorization so you can depart the country and safely return with a legal entry. If you never obtained DACA or any other status, and you entered without inspection (no visa), then your husband will need to file a... View More

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4 Answers | Asked in Family Law and Immigration Law for Wisconsin on
Q: What are my options right now?

At around 8 months old, I was brought to the US as a baby. I am now 22 years old and currently expecting my 1st child with my fiance. I have graduated from school and have proof of my time living in the US and I've never broken any laws. I continue to see info about how to start the process of... View More

James L. Arrasmith
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answered on Jan 24, 2024

Given your situation, there are a few potential pathways to explore, but each has its own complexities and requirements. Since you were brought to the U.S. as a baby and have lived here continuously, one option to consider is the Deferred Action for Childhood Arrivals (DACA) program, if you meet... View More

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1 Answer | Asked in Immigration Law, Business Formation, Business Law and International Law for Wisconsin on
Q: Hi, I am an international student studying in USA. I want to use my mom's name to register an LLC. Is that fine?

My mom is from another country. Can I operate my business like this without breaking any guidelines of my F1-visa, the business will be registered in my Mom's name. Will that be okay? What's your advise on this?

James L. Arrasmith
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answered on Dec 12, 2023

Using your mom's name to register an LLC in the USA is technically possible, but there are some important considerations to keep in mind:

Legal Implications: Registering an LLC in someone else's name, even if it's your mom, may not be against the law in itself. However,...
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1 Answer | Asked in Traffic Tickets and Immigration Law for Wisconsin on
Q: Will a speeding citation affect my F1 visa status?

I received a speeding citation yesterday in Dane County, Wisconsin, and I'm an F1 visa student. I have never had any legal problems while in the U.S. on my F1 visa. Will this affect my visa status or lead to revocation?

James L. Arrasmith
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answered on Apr 12, 2025

Receiving a speeding ticket in Wisconsin as an F-1 visa holder is unlikely to affect your visa status. Speeding violations are typically considered civil infractions and do not usually impact immigration status. However, it's important to address the citation promptly.

If you choose to...
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2 Answers | Asked in Immigration Law for Wisconsin on
Q: Can I file N-400 under 3-year rule with I-751 abuse waiver?

I am planning to file for the Form I-751 abuse waiver and I am still married but separated from my U.S. citizen spouse. I have been continuously living in the U.S. Can I file for N-400 using the 3-year rule?

Nahirobi Altagracia Peguero Luciano
Nahirobi Altagracia Peguero Luciano
answered on Apr 6, 2025

Yes, there is an exception to the “living in marital union” requirement for applicants subjected to battery or extreme cruelty by his or her U.S. citizen spouse.

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1 Answer | Asked in Immigration Law and Employment Law for Wisconsin on
Q: Options to work after L2S I-94 expiration; F1 visa for Day 1 CPT?

I am currently on an L2S visa, and my I-539 petition for an extension was received by USCIS on March 7, 2025. My spouse’s L1B petition has already been approved, but my I-94 will expire on June 13, 2025. We reside in Wisconsin, and this is our first extension; thus, we are unfamiliar with the... View More

James L. Arrasmith
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answered on Mar 31, 2025

Your L2S situation presents several important considerations regarding work authorization beyond your I-94 expiration date. While you can legally remain in the United States under "authorized stay" provisions with a pending I-539, work authorization for L2S visa holders typically expires... View More

1 Answer | Asked in Immigration Law and Employment Law for Wisconsin on
Q: I-94 expiring, L2S visa extension pending. Options to continue working?

My I-94 is set to expire on June 13, 2025, and my L2S visa extension request, submitted via I-539, is still under process with USCIS showing a 'Received' status since March 7th, 2025. My spouse's employer, who sponsors our visa, advised that I shouldn't leave the U.S. until the... View More

James L. Arrasmith
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answered on Mar 31, 2025

Your situation regarding your expiring I-94 and pending I-539 application warrants careful consideration of available legal pathways. Under current USCIS regulations, you may continue residing in the United States while your extension application remains pending, provided it was filed before your... View More

1 Answer | Asked in Immigration Law for Wisconsin on
Q: How long can I stay outside the US on an H4 visa without affecting my status?

I hold an H4 visa valid from 2024 to 2027. Currently, I'm outside the US in Nigeria and I plan to stay here for 4 months. How often can I travel out of the US on an H4 visa, and how long can I stay outside the US without affecting my visa status?

James L. Arrasmith
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answered on Feb 21, 2025

Living outside the U.S. on an H4 visa requires careful consideration of several factors. Your H4 status remains valid as long as your spouse maintains their H1B status and continues working with their sponsoring employer. The length of time you can stay abroad doesn't have a strict limit, but... View More

1 Answer | Asked in Immigration Law for Wisconsin on
Q: I misspelled parent’s name in I-130 application. What should I do?

I prepared I-130 application on behalf of my mother to petition for my uncle i.e. her brother. After submission, I noticed I misspelled her parent’s name. I put a ‘z’ instead of a ‘j’ in first name, so ‘Wazed’ instead of ‘Wajed’. However, both of their birth certificates show that... View More

James L. Arrasmith
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answered on Jan 17, 2025

This kind of spelling error in an I-130 petition can be corrected through proper channels with USCIS. Since the correct spelling is documented on both birth certificates, you have strong supporting evidence to demonstrate this was simply a typographical mistake.

You should file Form I-424,...
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1 Answer | Asked in Immigration Law for Wisconsin on
Q: Hello, I am a Canadian citizen with a TN Visa in Madison Wisconsin. my question is, can i start a LLC holding company ?

my plan is to start a holding company that is in charge of another llc that i have shares in

James L. Arrasmith
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answered on Sep 27, 2024

As a TN visa holder in the U.S., you are restricted in the types of business activities you can engage in. The TN visa is employment-based, tied to a specific profession, and does not generally allow you to manage or operate a business actively. However, passive investments are usually permitted,... View More

1 Answer | Asked in Divorce and Immigration Law for Wisconsin on
Q: If I accept my husband divorce request, will I win my 50% marital assets in Wisconsin ?

We are married almost 5 years. Due to covid, my immigration paper had to be renew. I did work few month and provide money to support my husband. I think i am still an immigrant. I still don't have a green card. Due to different religion, due to family religious arguments and lack of marital... View More

James L. Arrasmith
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answered on Apr 10, 2024

In Wisconsin, marital property is generally divided equally (50/50) between spouses in a divorce. However, there are several factors that can influence the division of assets:

1. Property acquired before marriage: Assets owned by either spouse before the marriage, such as your...
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1 Answer | Asked in Immigration Law for Wisconsin on
Q: My I-94 class of admission is DT. May I get married to the US citizen and get my status adjusted?
James L. Arrasmith
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answered on Feb 26, 2023

The DT class of admission on your I-94 indicates that you were allowed to enter the US under the Visa Waiver Program (VWP) for a temporary period of up to 90 days for business or pleasure.

If you entered the US under the VWP and got married to a US citizen during your stay, you may not be...
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1 Answer | Asked in Immigration Law for Wisconsin on
Q: How can I make sure my Nicaraguan companion and I can travel to Nicaragua together and return together at the same time?

I am a US citizen. He is a Nicaraguan citizen, here in the US. We want to make sure we can travel together there and back at the same time.

Monica E Rottermann
Monica E Rottermann
answered on Feb 3, 2023

You did not mention your friend’s U.S. immigration status. Your friend’s ability to come back to the United States will depend on their immigration status; they need to have a valid travel document that allows them to return to the United States. For example, if they have a valid... View More

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