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.
332
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Can an expat with the origin from outside of the EU but with a permanent residence in Spain travel and work freely across the Schengen zone?
Can an African expat with granted residence in Spain freely travel and work across the Schengen zone? For example, let us consider the case of my wife. I've resided in Spain as a EU national for the ...
7
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3
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3k
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Does divorce affect citizenship?
Assume a woman marries a foreign man for the purposes of him gaining citizenship. They stay married for a few years but never actually develop a real romantic relationship and by this point the woman ...
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45
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What are requirements to determine options for statutory or private health insurance after moving back from abroad (in the EU)?
When a person moves back to Germany after being abroad in the EU (e.g. Netherlands) long enough to have to insure themselves there and not be insured in Germany anymore, what determines if you can be ...
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100
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What's the easiest way to extend my J-1 grace period?
I'm a visitor from the EU to the US with a J-1 visa, and I'm currently in my grace period of 30 days before I need to leave the US.
Unrelatedly, I already have an approved ESTA visa waiver (from about ...
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1
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61
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The Immigration and Refugee Protection Act
The first part of the Immigration and Refugee Protection Act lists conditions where a foreign national is inadmissible on health grounds and the second part lists the exceptions.
Exception (2) (a) ...
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2
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212
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How do internal border checkpoints with warrantless searches fit with the 4th amendment?
Some amendment rulings consider things not taken into account at the time they were written, but I would think they were well aware of border checkpoints at the time even, and the idea for internal ...
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46
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Do undocumented students lose their enrollment in universities if they are expelled?
In the US, undocumented students can apply to universities. If one such student is accepted and enrolled but later deported due to not being covered by DACA or other reasons, will their enrollment be ...
2
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2
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425
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Does the doctrine of timely retraction extend to non immigration false claims to citizenship?
There are statutes in the Immigration Nationality Act that punish willful material misrepresentations/fraud and false claims to citizenship in connection with any benefit under the law (See https://...
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70
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What documents must I carry on me while in the US on J1 visa?
I'm on J-1 visa for half a year in the US. I'm a Hungarian (EU) citizen. I'm wondering whether I need my passport and/or anything else on me at all times. I'd prefer not to carry my passport all the ...
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Is it illegal for an American to go to North Korea?
Is it illegal for US citizens to travel to North Korea?
It may currently be impossible and probably a very bad idea, but is it actually illegal?
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2
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150
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Ways to avoid a running Naturalization application being forwarded to another municipality/city
I have recently made a Naturalization application in Germany (1 month ago) in Bayern and am about to Move to Berlin in 2 months. And after I do the anmeldung my application will also be forwarded to ...
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Can B-2 immigrants stay between time of mailing Adjustment of Status forms and their receipt if their visas expire in between?
One of my friends is an American citizen, but her husband and kids are not (B-2 visas). Their I-94s expire on May 15th, so they are applying for Adjustment of Status with I-485 and I-130 forms. I know ...
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Is there any chance for a parent to get a joint custody without a legal status in the U.S.? [closed]
Jan 2020 - I came from Outside of U.S. (foreign citizen) on a fiancee visa.
Mar 2020 - I married my ex-wife (she is a U.S. citizen).
Sep 2020 - I got my 2 year temporary green card.
Mar 2021 - Our ...
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1
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66
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Would returns from investing in stocks cause one to reach the tax barrier on a student visa?
As far as I understand, one can earn about 850ish euros per month (as of 2023) without tax on a student visa source. Also, I learned that investing while on a student visa as a non EU international is ...
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92
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Can I get a passport from another country from IVF child
My wife and I have a child from IVF from Shady Grove. We selected an embryo donor who is born in the US but her parents are from Europe, I think one is from France.
I was just curious, could we ...
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Does the British spouse for a UK Family Visa have to be living in the UK?
On the UK Home Office webpage listing the requirements for a spouse, it never specifies that the spouse must be currently living in the UK, only that the couple "intend to live together ...
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3
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84
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Must an Incoming Passenger Card/Arrival card be done as a citizen
Are you legally required to do a customs declaration before you enter into Australia/any other western country?
As a citizen with a valid passport it seems crazy that a tiny piece of cardboard could ...
2
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100
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UK - What if only one tenant can prove right-to-rent?
I'm doing right-to-rent checks on prospective tenants. They are a couple, one of them can give me a share code, the other one cannot (yet). Can I let the house to just the one person, and allow the ...
3
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218
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Is a US company obligated to lay off visa holders first over citizens?
With the current big tech firing frenzy I'd like to know if a US company must prefer the US citizens over working visa holders during mass lay offs?
Let's say if there are 2 software developers but ...
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78
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Does two-year home residency apply to postdoctoral fellowships of national science foundations?
In the U.S., J-1 visa can be subject to a two-year home residency requirement (212e) if sponsored by a US or foreign government agency.
Does this apply to postdoctoral researchers employed at a US ...
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659
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Being employed in two EU countries simultaneously
Is it possible (legal) to be employed in two jobs (full time) in two different European countries at the same time?
Secondly, is it possible to have work permits of two countries simultaneously being ...
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1
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May the State Department make a redetermination under 8 USC § 1182(a)(2)(G)?
Once the State Department makes a determination that a person is an "alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time, ...
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2
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111
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Can a person with pending asylum work for foreign (outside of US) company?
Person who is applying for an asylum is not able to work in the US without an Employment Authorization Document (EAD). That person can apply for EAD 150 days after applying for asylum, and it will be ...
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133
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Multiple remote or work from home contract jobs on H1B status in US
Mr.X is on H1B status with Company A. Company A pays Mr.X regular monthly salary, as standard H1B Employer/Employee relationship.
Mr.X actually works as a Contractor for an end client, let's say End ...
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85
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Inferring grammatical order of operations in US immigration forms
In mathematics and programming, there exist "order of operations" standards for interpreting expressions. Does something similar exist in US government documents? In particular, I am ...
2
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1
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727
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Can a FOIA request reveal how many times I have entered the U.S. as a citizen?
I know there are certain restrictions on personal information for FOIA requests, and verification of such is required beforehand. Even so, should this information be accessible? If so, to which agency ...
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Bavaria (Germany) - Double Taxation of Immigrants [closed]
I moved to Bavaria, Germany, in late march 2021 from Australia. I have paid income tax for that year in Australia.
I recieved letters from the Bavarian state government asking for income tax ...
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2
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145
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I'm a victim of racism by the border police of Bulgaria [closed]
I was excited to visit Bulgaria, I flew all the way to Sofia (Bulgaria), but unfortunately, I was not able to enter it for no reason. I provided everything they wanted me to provide, but no luck (...
2
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1
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62
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When do Section 33D notices actually get used?
Section 8 of the Housing Act 1988 describes the effect of such a notice being issued upon landlords by the Home Office, and the content of such notices makes obvious when it can be sent and might be ...
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93
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Judges barring defendants from using social media
A New York Times article recently mentioned that a US immigration judge has prohibited a non-US-citizen from speaking on social media, apparently as a condition of release from detention.
But the ...
3
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430
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If a foreigner marries a green card holder in the US, will the foreigner also be entitled to a green card at some point?
Also, what is the difference between a foreigner marrying a green card holder vs a citizen of the US?
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57
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How does the U.S. States Department select Immigration Diversity Lottery winners exactly?
From what I've read, it seems that they select a random sample of 50,000 - 55,000 winners from the pool of applicants worldwide. But from the statistics I've seen, the distribution is not uniformly ...
4
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1
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363
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Leave to remain for criminal victim/witness
Meet Alice. Alice was assaulted by a coworker who punched her in the face, and was promptly arrested and charged. However, Alice was just nearing the end of her student visa. Alice was thus told that ...
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37
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What is the mechanism/process whereby individuals are reviewed and considered for exclusion from the UK by declaration of the secretary of state?
This mechanism has been used to exclude individuals such as Edward Snowden, Daryush Valizadeh, and Julian Assange on grounds of being unconducive to the public good. Thankfully this criteria is fairly ...
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What law provides for asylum cases to proceed while IJ may move to close a case administratively on the basis of T-visa or other relief being sought?
Alice enters the U.S. and files for asylum with a case bound to prevail. However, while waiting to be interviewed, she gets kidnapped, and afterwards trafficked for labor and sex while continuously ...
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2
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182
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To regain US citizenship
Say Bob is married to Amy. They are both US citizens. One day, Bob decides to renounce his US citizenship (not for the purpose of avoiding taxes), but his wife remains a US citizen.
In this scenario, ...
2
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2
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176
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A tourist can request political asylum?
Some countries like Uruguay accept political asylum request ONLY if the person enters the country illegally, for those with tourist visa they have a way more complex mechanism. But generally speaking, ...
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72
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Is there a way to know if a 50's immigrant became an USA citizen?
My grandfather and father (both deceased many decades ago) immigrated to USA from Cuba in the 50's, returning to Cuba in 1959 to try to sell all their properties but they never could return back to ...
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129
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Is it possible to change your name while applying for a Green Card in the US?
Is it possible to get a Green Card with a different name of your current name? Or change it as soon as getting the Green Card?
I am on F-1 student visa in the US and want to apply for an EB-2/NIW/...
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71
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Where to report suspected immigration offences in New York City?
Is it unlawful for a non-US citizen to enter the US on a tourist visa and work as a sex worker in NYC? Also, would it be considered human trafficking if she were to travel to her own country before ...
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154
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UK Skilled Worker Visa: Resign prior to completion of minimum employment period
Context
X is on Skilled Worker Visa.
X's employment contract states
2 year minimum employment period
3 month minimum notice period after serving the minimum employment period.
Question
Given the ...
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1
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41
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Is the U.S. Dep't of State yearly Report on Human Rights Practices deemed part of the record by the operation of law or you must cite it?
The reports are lengthy, ranging between ca. 20-70 pages for a particular country, and the greatest use of it is to draw an inference from the admissive assertion relative generally to torture and ...
2
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Is it possible to leave canada by train or car unvaccinated and vice versa?
Can an unvaccinated Canadian citizen or noncitizen leave the country by car or train and likewise return by car or train?
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What's the definition of self employment especially with respect to right to work?
Many legal contexts regard self employment equivalently as employment just as much as working for someone else, like job seekers allowance now Universal Credit. Appropriate adjustments are made to the ...
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Does right to work or other immigration related provisions affect migrants' ability to volunteer with charities?
Right to work scheme I think extends to apprenticeships and internships but does it or anything similar apply to volunteering at charities?
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1
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63
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What is the status of a person who enters the US on a visitor visa without having renounced LPR status?
Here is an excerpt from the Foreign Affairs Manual of the US State Department:
9 FAM 402.2-4(B)(10) (U) Lawful Permanent Resident (LPR) Issued Nonimmigrant Visitor Visa for Emergency Temporary Visit ...
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2
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106
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In INA 212(a)(9)(B)(i), what does "other than an alien lawfully admitted for permanent residence" mean?
INA 212(a)(9)(B)(i) states that
Any alien (other than an alien lawfully admitted for permanent residence) who—
(I) was unlawfully present in the United States for a period of more than 180 days but ...
5
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4
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264
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Does the US Government monitor and/or revoke newly naturalized citizens?
I know to some extent the US watches everyone, but what I am thinking of is whether newly naturalized citizens are watched to see if their naturalization process seems insincere in hindsight. For ...
2
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0
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Statutory basis of Border agents' obligation to make "reasonable accommodations" for vulnerable individuals?
In a brief but curtailed discussion with an immigration solicitor at a recent charity event, they began explaining that adults who were vulnerable due to mental illness, clearly palpable ...
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4
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Are extradited prisoners residents of the receiving country?
I'm interested in answers for various jurisdictions.
If a person of country A is extradited to country B, are they considered to be residents of country B while they are serving their sentence?
Notice ...