Questions tagged [immigration]

For questions about the legal process of becoming a resident or citizen of another country or about the laws governing entry of people into a country.

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Recourse to public funds as a legal aid eligibility criteria?

For example, What is the overlap or general relationship between "no recourse to public funds" and eligibility for legal aid? Is legal aid encompassed by NRPF? It surely can't be in an ...
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1 vote
0 answers
27 views

Is it legal for someone on an H1B to found a startup?

I have a friend sponsored on an H1B visa that I'd like to start to a software company with. We would not be securing outside capital. I'm wondering if the terms of an H1B visa which I believe prevent ...
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0 votes
1 answer
128 views

Is giving birth a function of immigration law in the US?

The federal govt has sole jurisdiction in making and enforcing immigration laws and regulations in the US. "The US immigration policy is regulated at the federal level. Although certain matters ...
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2 votes
0 answers
40 views

Unable to create online-only I-134 for a child [migrated]

Suppose that a person is trying to submit an online-only version of USCIS I-134 (Affidavit of Financial Support) for a relative of that person and her child. It seems that the nline version of the ...
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2 votes
1 answer
111 views

Must the USCIS abide by the Code of Federal Regulations (CFR), or is the CFR just a set of guidelines that aren't legally binding?

I wonder whether the United States Citizenship and Immigration Services (USCIS) must abide by the Code of Federal Regulations (CFR) or the CFR is just a set of guidelines that aren't legally binding (...
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0 votes
0 answers
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Applying for EB-1B visa when my parent company has 3 full time researchers [migrated]

I finished my Ph.D. last year and am currently working as a full-time researcher at a company. I have 10+ publications and am currently part of the program committee for a conference. My company doesn'...
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3 votes
0 answers
60 views

Can deportation be reversed?

Suppose, for example, that a US permanent resident is convicted of an aggravated felony. They will probably go to prison and then be deported once they are released from prison under INA 237(a)(2)(A)(...
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-1 votes
1 answer
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India immigration law: Does religious freedom provide an excuse to overstay a visa?

If a person overstays their tourist visa in India while staying with a guru in an ashram, can they be excused without penalty when they exit?
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1 answer
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What is the history of visas and when did they begin to become requirements for entering a country?

I was told that back in the day (like Renaissance era) you didn't need a visa to go to places. Specifically the US and UK but I'm guessing it was all relatively closer to the same time around the ...
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  • 1,855
0 votes
3 answers
102 views

Can one’s ability to travel to Ireland be restricted due to breaches of U.K. immigration law? If so, how?

Suppose that one has a less-than-pristine U.K. immigration record, and wishes to visit Ireland. Sure one may fairly naturally be banned from the U.K. for this, but can one’s ability or rights to visit ...
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  • 1,855
0 votes
2 answers
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What is required to maintain PR status in Germany?

I currently hold the German Permanent Resident status. I am taking up a job in a non-European country, but may get back to Germany at a later point (in a few years). Is it possible for me to maintain ...
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0 answers
33 views

Does a Chinese citizen lose citizenship if their parent applied for them to acquire foreign nationality?

In Canada, a permanent resident under the age of 14 may be naturalized upon application on behalf of the minor by their custodial parent. Citizenship Act, s. 5(1.04)(a). This is slightly different ...
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1 vote
1 answer
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What is the rationale/basis for right to rent checks only being required of landlords in England, and not Wales, Scotland or NI?

Landlords in Scotland, Wales and Northern Ireland aren’t required by the Immigration Act 2016 to check prospective tenants’ rights to rent as section 42 is still "prospective legislation" ...
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2 answers
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Who’s legally responsible to maintain fiancée K1 documents?

Example: I am a U.S. citizen. I invite my fiancé to the U.S. on a K-1 visa. My fiancé and I do not get married within 90 days. We simply do not get married, period. He (my fiancé) stays in my house ...
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6 votes
1 answer
182 views

Is someone who was born in China but acquired citizenship elsewhere through derived citizenship still a Chinese citizen?

I am a 38-year-old who has lived in the US since I was 2 years old. I was born in China to Chinese National parents. My parents and I immigrated to the US when was a small child. My parents were ...
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2 votes
2 answers
121 views

What is "Intention to relinquish U.S. Citizenship"?

I was a Sri Lankan citizen who acquired US citizenship via naturalization about a year ago. This automatically voided my Sri Lankan citizenship. However, I got to know that I can apply to resume my ...
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0 votes
2 answers
114 views

What determines legally the "departure" from the US when you leave by plane?

Related to this question: https://travel.stackexchange.com/questions/171475/if-an-international-flight-is-turned-around-mid-air-do-the-passengers-have-to-p Entry to the US is quite well defined: once ...
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1 answer
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USA Travel Restrictions after Withdraw of USA asylum application / Canadian PR application, Waiting For Asylum interview in USA

I am a Permanent Resident of Canada. Me and my girlfriend soon plan to marry in the USA. She has been waiting for her asylum interview in the USA, she already got her USA work permit and SSN. So here ...
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6 votes
1 answer
472 views

Can B1B2 Visitor Visa Holder marry a person who has been waiting for her asylum interview in USA but alredy got her work permit and SSN

I am a Permanent Resident of Canada (Indian Passport Holder) living in British Columbia. My girlfriend has been waiting for her asylum interview in USA (State: North Carolina) but she already got her ...
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3 votes
3 answers
294 views

What are the consequences of lying to US immigration authorities?

Application for a US visa now requires information about social media accounts. I know that intentionally omitting this information constitutes misrepresentation, but what are the potential ...
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1 vote
1 answer
46 views

Does unlawful presence rule apply for conditional permanent residents?

Jul 2018 I came to the U.S. with a K1 visa. Sep 2018. I married a U.S. citizen. May 2019. I got a conditional 2 year green card that expires in May 2021. May 2020. I divorced but I did not remove the ...
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2 votes
1 answer
78 views

Being asked to start teaching before being employed as a new faculty

Suppose that a non-US person F is scheduled to join a US university as a teaching-focused faculty member. F's official starting is set to be January 4th and, at that university, classes start in the ...
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0 votes
0 answers
43 views

H-1B visa approved with incorrect Occupation/Job code

Suppose that a person A is on an H-1B visa in USA working as a Software Engineer in California. A accepted a new offer and the company lawyers applied for an H-1B petition. It got approved. When A ...
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1 vote
0 answers
35 views

Family re-unification visa processing time

Is there anything in immigration law in Germany which enforces that a family re-unification visa process should be finished maximum in a defined interval? I am from Afghanistan and having EU Blue-Card....
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1 vote
1 answer
88 views

Is a spouse financially responsible for another spouse after a divorce, even after the removal of Green Card conditional status?

I’m a U.S. citizen, and my spouse came on a K1 visa. We married on June 1, 2020. Then my spouse got a Conditional Green Card in December 2020. We divorced in August 2021. Obviously I’m not going to ...
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2 votes
1 answer
55 views

Staying in U.S while waiting for I-130 and I-485 application

I am an international student (with F-1 visa) living in the U.S. and I have recently filed the I-130 and I-485 forms together. I am an immediate relative to a U.S. Citizen. I will graduate soon in ...
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1 vote
1 answer
58 views

Is it possible for a non-citizen nor GC holder do crowdfunding inside the US?

Supose that a person A is an international student in the US. A has an idea and like to launch a company on that. I know A doesn't have a work permission but also believe that A can register a company ...
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2 votes
2 answers
89 views

Does a "temporary guardian" count as a "legal guardian" as mentioned in Proclamation 9984?

I'm a US citizen, and I want my young son's and newborn daughter's Chinese grandparents (without green cards) to be able to visit and take care of them in the near future. They don't speak English, so ...
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0 votes
2 answers
67 views

Do asylum seekers or those with a refugee status in the U.S. enjoy anonymity in any criminal charges?

This question is based on the reports on the attacker in Auckland, New Zealand who is currently prosecuted under an act of terrorism charge. “Neither his name nor the fact that he was a refugee could ...
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1 vote
2 answers
68 views

Providing an I-134 for a Diversity Lottery Winner

If a US citizen or a US legal Permanent Resident is providing a US diversity visa lottery winner an I-134, could that person, in the future, provide another I-134 for a different person who's trying ...
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  • 141
2 votes
1 answer
42 views

UK Immigration: Impact of excessive single-trip absence (pandemic & personal situation) on future Indefinite leave to remain application

My wife intends to apply for UK Indefinite Leave to Remain (ILR) in Sep 2024 (10-year long residence route). However, there has been a recent big break in her stay in the UK due to personal & ...
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1 vote
2 answers
139 views

Can Texas jail illegal border crossers?

From recent news: Texas Begins Jailing Border Crossers on Trespassing Charges (5 NBC Dallas-Fort Worth) I was under the impression that immigration and border protection were the exclusive domain of ...
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0 votes
0 answers
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Can I extend temporary green card post divorce? [duplicate]

I came to the U.S. with a K1 visa. I married my husband in good faith (true love), and I got a temporary 2 year green card in October 2020. It will expire in October 2022. In January 2021, I gave ...
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1 vote
3 answers
117 views

Can I travel back to the U.S. with a temporary green card after a divorce?

I got married K1 visa and all, and got my Green Card (2 year temporary) in January 2021. So it’s good until January 2023. I just got a divorce in June 2021. I’m leaving my new born child with my wife ...
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1 vote
1 answer
150 views

May an F-2 visa holder marry inside the US with a US citizen/green card holder without ending the previous marriage?

If someone with F-2 visa status comes to the US, then wants to marry with a US citizen/green card holder, should he/she ends/gets divorce of his/her previous wife/husband even if their marriage ...
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5 votes
2 answers
785 views

If the superior sovereign deports an individual, is that a defense for failure to show up to court?

I am specifically thinking in the context of the United States, but other jurisdictions where there is a notion of federalism and competing priorities for different sovereigns are also interesting. ...
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0 votes
1 answer
38 views

Is it possible to create a non-profit business on F-2 visa status?

Consider a person comes to the US with an F-2 visa status and has a plan to get his/her green card in the next year, but at the moment he/she likes to start a commercial website or mobile app but for ...
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-1 votes
1 answer
70 views

Should Bob choose a manager while registering a new company?

Bob is an F-2(Student dependent) visa holder in the US who wants to establish a new company. Bob is not entitled to work in the U.S.. According to a video I saw on youtube that you must introduce a ...
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1 vote
0 answers
54 views

Can illegal immigrants sue the U.S. government if they got injured while being detained?

Can illegal immigrants sue the U.S. government if they got injured while being detained? In my knowledge, legal immigrants can sue the U.S. government if they got injured while being detained, but I ...
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1 vote
1 answer
135 views

Would be the green card expires after the divorce?

If someone with F-2 visa comes to the US with her F-1 spouse, then they apply for EB2-NIW green card(in fact the F-1 visa holder as the primary applicant and F-2 visa holder as his dependent), then ...
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3 votes
1 answer
49 views

How to refer to a section of a US law in a lawsuit filed at a US federal court?

I want to refer to sections of US laws in a lawsuit filed at a US federal court. For example, I look at the INA 1965 (Immigration and Nationality Act of 1965). The different parts of the law are ...
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0 votes
1 answer
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Is working for free also illegal for a F-2 visa holder?

If someone with F-2 visa status wants to work for free as an engineer or computer programmer for a company or startup within the US, to improve his/her work experience, skills and resume also maybe ...
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1 vote
1 answer
271 views

How can a F-2 visa holder establish a company but can't work inside the US?

As I searched about, I found that establishing a new company inside the US is allowed for everyone, but working inside the US is not allowed for certain type of visas like F-2 visa that is a student's(...
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2 votes
1 answer
106 views

My deceased Cuban father had an US citizenship, is there any benefit for me?

My father born in Havana, Cuba in the 40's and in '56 he immigrated to the US. I have a card of that time that says "This is to certify that was admitted to the United States as an immigrant on 9/...
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0 votes
1 answer
173 views

How can illegal immigrants safely, legally return to their home country?

If one over stays his visa, and wants to go back, how can it be done? {For example, from California to Israel} I heard rumors that if one "gets caught" they might be held in detention ...
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-4 votes
1 answer
57 views

How can employer help employee get green card?

What are the minimum requirements that an employer can go through to help his employees get a green card? If no company is made yet, is it legal to make a new company, just for the sake of helping ...
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0 votes
1 answer
48 views

When sponsoring a spouse (UK visa), what do the various relationship types mean and how do they affect the application?

When making a visa application in the U.K. for a sponsor to invite a foreigner to marry there is a section in the application that asks "What is your relationship to SPONSOR'S NAME"? There ...
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5 votes
2 answers
704 views

Does 18 USC 1542 contain a materiality requirement?

18 USC 1542: Whoever willfully and knowingly makes any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United ...
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14 votes
2 answers
6k views

Is marriage automatically cancelled for immigration violation?

I met my husband in Laos when I was traveling there in 2017. We got married and he came to the U.S. K-1 visa in 2018. He got his temporary green card in 2019, which is good for two years. In the year ...
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7 votes
4 answers
2k views

Do "the laws" mentioned in the U.S. Oath of Allegiance have to be constitutional?

U.S. Oath of Allegiance From a purely technical interpretation of the law does the oath cover laws that are unconstitutional? To whom does the obediance allegiance lie with those who took the oath? ...
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