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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15 views

Consular access application for US H1-B visa | Pros, Cons, Options and Feasibility [closed]

Currently, I am in the first year of my OPT and I am selected in H1-B lottery for this year. I was thinking that can I file H1-B on consular access and get a STEM extension for the OPT. Then get the ...
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2answers
634 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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2answers
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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4answers
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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1answer
64 views

Are foreign *assets* (not income), pre-dating moving to the US, taxable?

A person who immigrated to the US 10 years ago still has two bank accounts abroad that she did not close. No money has been added to the accounts since then, there was no activity and no interest ...
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1answer
73 views

How soon after relocating is it possible to file a lawsuit in a federal district court?

In the US, if I relocate from one judicial district to another judicial district in another state — how soon after relocating is it possible to file a lawsuit in a federal district court? (I plan to ...
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1answer
85 views

I have legal status but don't reside in US, can I trade stocks?

I secured a B2 visa for my brother's commencement ceremony, and attended it. Being an Indian citizen, I have been living in India since then. Brokerages allow people with legal status in US to open ...
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2answers
55 views

Can states and localities have stronger immigration status-based employment discrimination laws than the federal law?

8 USC §1324b prohibits employers from discriminating against employees or prospective employees on the basis of immigration status, if the individual in question is a citizen or national of the ...
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1answer
81 views

If the US federal government is sued for not abiding by it own laws, can it then be sued for the legal expenses due to the lawsuit?

In US citizenship applications it's common for an application to be processed beyond the time frame set by the federal law. In such cases, the applicant may file a lawsuit with a federal court, ...
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1answer
86 views

If the US federal government has sovereign immunity, why can it be sued in federal courts?

Specifically, in US citizenship cases it's common for applicants to request a federal court to issue and enforce a writ of mandamus in order to compel the federal government to process an application ...
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22 views

US naturalization application processing delay — Writ of Mandamus; Action under Section 336(b) of the INA, 8 U.S.C. § 1447(b)

When applying for US citizenship, after taking the interview with the USCIS and being told that no further interviews will be required, according to the US law, the USCIS has up to 120 days to make a ...
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1answer
64 views

Is there any option for the spouse of a US citizen to obtain work pending a green card?

My daughter married a Canadian citizen a year and a half ago, and they began the process of applying for permanent residence status for him so that he can live and work in the US. The Covid pandemic ...
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21 views

Since I am unemployed, can I get PR card any faster?

I arrived in Canada on a closed work permit (on GSS) but was terminated in less than a year because of the pandemic. I appeared for IELTS over and over again, and eventually got picked up in express ...
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0answers
15 views

How to count study-years toward Polish law for Permanent Residency

I studied in Poland for 4 years. How many years count according to: Art.212.1. Do 5-letniego okresu pobytu na terytorium Rzeczypospolitej Polskiej, októrym mowa wart.211 ust.1, zalicza ...
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1answer
34 views

Does a new Blue Card in the same country resets 18 month period?

I have a question, for which I can't find an answer in the Internet. Right now I live and work in Germany, and I'm a holder of Blau Card for 14 month now. In the next month I will get a new travel ...
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1answer
43 views

When I change my status, do I need to report public benefits received before October 15, 2019?

If I was pregnant 30 months ago, do I still need to say on form I-539 that I used Medicaid during my pregnancy? What if I answer that I didn't use Medicaid? What does this sentence mean in the ...
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1answer
43 views

Can someone from a non-English speaking country and university apply for universities inside Canada or US without TOEFL or IELTS? [closed]

Someone at OneKeyVisa immigration agency told my friend that she can apply for and get accepted to US universities and get her Student Visa without any English test scores and then request some ...
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1answer
103 views

My friend is being harassed by a non-US citizen and worry he may stalk her here…where to report it? :(

My friend is being horribly stalked and harassed online by a non-US citizen who currently outside of the US, but is causing her & her family serious concern for safety & wellbeing. He appears ...
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0answers
13 views

Are the Irish Short-stay Visa Waiver Programme and British-Irish Visa Scheme directly linked?

At present there seem to be two schemes by which holders of UK short-stay visa may enter Ireland: The SSWVP and the BIVS. Given their partial duplicate coverage of the same nationalities (India, China)...
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1answer
36 views

How much processing time for non-Chinese EB5 Investors? [closed]

This page mentions that the Processing time for Immigrant Petition by Alien Investor (I-526) at Immigrant Investor Program Office is: (1) 54 Months to 75 Months for China - mainland born investors (2) ...
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0answers
62 views

How do I apostille an original NYC birth certificate without Letter of Exemplification?

I have an original long form New York City (Manhattan) Birth Certificate issued by NYC Department of Health in 2016 signed by Steven P Schwartz (City Registrar) needing apostille but missing a Letter ...
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1answer
69 views

Is not having a valid car insurance a misdemeanor in Orange County, California?

My doubt arises after having received correspondence back from the Superior Court of California County of Orange. I pleaded guilty on a traffic ticket I had pending since three years ago only after ...
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5answers
10k views

Will SCOTUS be forced to rule on birthright citizenship soon?

John C. Eastman, professor of law, Chapman University, wrote this in Newsweek a few days ago: Indeed, the Supreme Court has never held that anyone born on U.S. soil, no matter the circumstances of ...
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2answers
110 views

Can someone else use your deceased brother’s green card? [closed]

I just found out that my brother-in-law used my deceased brother’s green card. Is this legal?
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1answer
101 views

UK Citizenship in 3 years possible by 10 Million Investor Tier 1 route?

I have plans of applying for the Tier 1 Investor visa UK. I am going to make significant investments amounting to no less than 10M GBP. This makes me eligible to apply for ILR after 2 years. For those ...
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1answer
31 views

Eligibility of UK citizenship/residency for long time visa holder

My situation is as follows: Born in Hong Kong in 1995, have a BN(O) passport. Spent 2010-2018 in the UK on a tier 4 visa (high school and undergraduate studies). Returned to HK between 2018 Aug - 2019 ...
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2answers
324 views

Are people born in Hong Kong now chargeable to Mainland China for US immigration purposes?

Currently, Hong Kong is considered a separate foreign country of "chargeability" for US immigration purposes (see 9 FAM 503.2-3(A)), according to section 103 of the Immigration Act of 1990: ...
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1answer
84 views

Do nonimmigrant aliens in the US accrue unlawful presence while imprisoned?

According to INA 212(a)(9)(B), an alien who is unlawfully present for more than 180 days during a single stay in the US, and then departs the US, is banned from the US for 3 years. If they were ...
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1answer
70 views

Are F3 visas going to be affected by the new presidential proclamation (June 22, 2020)?

I called NVC and they told me that only certain types of visas are going to be affected. I have read the presidential proclamation but it is still not clear for me if everyone is going to be affected ...
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0answers
29 views

Can a company in Netherlands which has an American parent company hire an Iranian?

Because of the US sanctions, there are many limitations and restrictions on some countries, and these sanctions also affected the people of those countries. I was going to work with a company in ...
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1answer
50 views

Does expedited removal apply to aliens presenting an Advance Parole document?

Under INA 235(b)(1)(A)(i), an arriving alien can be placed into expedited removal proceedings only if they are inadmissible due to fraud or misrepresentation or if they do not possess the required ...
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2answers
117 views

Extradite or deport a criminal while there is no treaty between the two countries of Iran and Canada

Thank you for considering my question. There is a criminal who has been tried in court and proven guilty and received sentences for a series of crimes including threat to kill and withdrawing money ...
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1answer
75 views

What are the limits on the president's power to remove nonimmigrants using INA 221(i) and INA 237(a)(1)(B)?

According to INA 221(i) (8 USC 1201(i)): After the issuance of a visa or other documentation to any alien, the consular officer or the Secretary of State may at any time, in his discretion, revoke ...
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0answers
29 views

Canadian immigration: Admissibility process mystery

This is a question I've asked at various Q&A sites and forums to no avail. Of course I also asked my own consultant, and several other lawyers and advisors, but none had the answer. I don't have ...
3
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1answer
494 views

Can a U.S. citizen get into legal trouble if they tip off ICE as to the whereabouts of an illegal immigrant(s)?

I would like to know if a U.S. citizen, especially for those living in California, can face criminal charges from local or state authorities if they contact ICE instead of the local police to report ...
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1answer
57 views

Not able go back to China with a B2 Tourist visa

My relatives came to America from China (not Wuhan) in the middle of January, and they have a B2 tourist visa, meaning that they can only stay in the US for 6 months. They had planned to return at the ...
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0answers
102 views

My Girlfriend is Canadian and I'm American, we want marry, but she's not ready to live in th US

My girlfriend and I want to get married. She's Canadian but with the option of dual citizenship, she would live in Canada for a few more months until we have everything sorted in the United States, ...
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0answers
34 views

Is it legally possible for a foreign PhD student in Sweden to start up a company beside his/her studies?

I'm a full-time PhD candidate in my 3rd year in Sweden with a doctoral residence permit. I have two solid start-up ideas, one is related to the topic of my PhD studies. Considering that I'm working as ...
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0answers
20 views

H1B consular processing after company is liquidated

This past October I was given an H1B visa. Since I applied for consular processing, I didn't immediately changed my status from F-1 to H1B. Now my company is terminating their employees in the next ...
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1answer
69 views

Four Years and One Day Rule Citizenship

I have left the US for one year thus breaking my continuous residence. After that year, I stayed for 4 and half years in the US. Given that I am a green card holder and have applied for citizenship. ...
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2answers
73 views

Has any guest worker visa program ever been challenged under 14th amendment?

H1B visas have provisions which require a worker to leave the country if they lose their job and don't find a new one within 60 days. This is probably the best-known such status on stackoverflow, but ...
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1answer
56 views

Remaining in the US Beyond I94 Date After Filing I-539

My mom and sister got to the US in October and they were scheduled to leave the US on April 2nd. Their I94s expire on April 16th. I filed for an I-539 on April 9th. We never saw the Coronavirus ...
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1answer
82 views

How to interpret a Labor Condition Application (LCA) Posting Notice during the stay-at-home quarantine?

My colleague is now, like many of us, working from home due to the coronavirus. We're in NYC. She's also been applying for an H-1B though and received the following letter, which seems to say that ...
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1answer
47 views

Schengen Area: What was the legal rationale for countries extending Temporary Reintroduction of Border Control beyond Nov. 2017?

(This is not about the coronavirus pandemic, which I understand is a different issue, but about the six countries that had already been maintaining border controls since related to migration and ...
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1answer
74 views

Bypass SSN Requirement for Independent Contractors

I work in a sales organization, knife selling, and we hire pretty much anyone who is interested. We got a guy walking through in a college, who was interested, but did not have a social security ...
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0answers
20 views

What type of evidence to prove continuous residence

Specifically, I am asking about the category "Your immediate family remained in the U.S." My brother and his wife remained in the US during the time I was absent. What evidence should I provide to ...
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4answers
223 views

Entry to US on green card. Do I have to present a passport of the country of origin or should any passport suffice (or ID)?

I'm a dual citizen with 2 passports. Let's say passport A and passport B. Passport A is the country of birth / country of origin. Passport B I acquired later in life before immigration to US. Upon ...
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1answer
87 views

Data retention for EU citizens travelling between UK and EU during Brexit transition/implementation period

Context: I'm an EU citizen studying in the UK. When I travel to my home country in the EU (for example through a direct flight or by train), and then return to the UK, some of my personal information ...
3
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1answer
108 views

Can lawful permanent residents be deported from the US for arriving at a port of entry without a green card?

Suppose a green card holder arrived on a flight to the US, but at some point during the flight, lost their green card and therefore could not present it to CBP. It seems that this person would be an ...
4
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1answer
186 views

Can Australian citizenship be revoked for a long period of absence from Australia?

I moved to work in Australia about 10 years ago, got there a permanent Australian visa as an employer-nominated skilled migrant, and became an Australian citizen by conferral about four years ago from ...

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