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.

25
votes
4answers
11k views

Is it illegal to withhold someone's passport and green card in California?

My uncle's daughter is the petitioner in Beaumont California (father and daughter relationship). Before my uncle left the daughter's house, He asks for his Philippine passport and U.S. alien-green-...
1
vote
1answer
40 views

Should I seek the services of a lawyer when marrying my girlfriend who is on a J1 student visa?

We are planning on getting married. I am a US citizen and she is a student here on a J1 visa from Germany. She does not have a residency requirement. We have been together nearly 2.5 years and have ...
2
votes
2answers
98 views

American citizenship that got lost in the family

I am a non-American individual and think I have a right for American citizenship. The father of my grandma (dead) was American (he was born there), but my grandma (alive) did not get citizenship for ...
0
votes
1answer
24 views

EB-3 (Green card) case in different county from the company's current address

I work for a Marin County based company as a foreign self-employed freelance contractor (software developer), and my client wants to open an office in Los Angeles and invited me to work there. How ...
0
votes
1answer
59 views

Census Solidarity? [closed]

I have heard that immigrants are concerned about the census because it will contain a question along the lines of “Are you a citizen?” I have been wondering if there might be a way for me to show ...
0
votes
1answer
22 views

How best to extend UK Partner Visa from U.S.?

I have a UK partner Visa that is expiring on June 13, 2019. I am a U.S. citizen currently living in NYC. My partner is British and we have a 2.5 year old son. What is the best (easiest and most cost ...
0
votes
2answers
53 views

Can one waive their right to execute the affidavit of support

I'm a US Citizen and have petitioned for my parent through form I-130. Part of the process is filling out the affidavit of support, form I-864. Due to reasons, I'm not comfortable signing a document ...
2
votes
1answer
39 views

does infraction for drugs possession by french custom, without criminal records prevents to enter USA for working

So context, I am high level educated and I get an opportunity for a dream job in USA, preliminary contact are good so I would say I got a 50/50 to get the job if I officially apply. But I mess ...
1
vote
1answer
67 views

Can I get my citizenship without physical green card

Am wondering if i can get a US citizenship without a green card(hard copy), I had one but it got stolen. (have a police report for it) I can apply for a replacement but since my interview will be in ...
0
votes
1answer
52 views

When can I reapply for US Citizenship after denial?

I moved to another state and then applied for US citizenship without waiting 3 months residence restriction (I am permanent resident for more than 5 years). For the reason that I filed before 3 months,...
1
vote
1answer
91 views

Do UK law degrees qualify someone to work as a lawyer in the US?

I am from Bangladesh. I did my Bachelor of Law, Masters in Law and the Bar (BPTC) from the UK. I have worked in the legal departments of companies and some freelancing in Bangladesh since 2012. I want ...
-1
votes
1answer
29 views

IELTS for Tier 2 General visa

I want to apply for "Tier2 General" visa for the UK. According to the embassy's website, I need to prove my English skills. They need IELTS in level B1. There are 2type of IELTS exam: IELTS UKVI ...
0
votes
1answer
43 views

Does marriage speed up the green card process?

I have a friend that doesn’t have legal US documents, but who got married about a year ago to a US citizen. As far as I know, he hasn’t ever applied for a greed card or anything like that. Now that he ...
2
votes
1answer
33 views

Is government housing for an undocumented resident a risk?

I live next to a government aided apartment complex (called APAH). I know of some people that would really benefit from living there with the reduced rent. The problem is that I don’t know if they are ...
1
vote
0answers
39 views

How a criminal speeding citation of 104 mph in a 75 mph zone will affect my immigration status (F1 visa)?

I recently received a criminal speeding citation for driving at 104 mph in 75 mph zone in Arizona. I have clean driving history without any prior citation or accident. I am an international citizen on ...
6
votes
1answer
70 views

I'm a Canadian Citizen and want to marry an American Citizen, but still live in Canada

I'm just wondering if I am able to marry an American citizen if I'm Canadian, and still reside in Canada, while he will still reside in USA. We are not able to move abroad for probably a few years, at ...
18
votes
2answers
2k views

When does a person lose diplomatic status?

Ahmed Ali Muthana, father of Hoda Muthana, "claims" that he was no longer working as a diplomat at the time of his daughter's birth, thereby insisting that his daughter was born a US citizen under the ...
0
votes
1answer
78 views

Can an immigration law firm in Bulgaria sue me in the US? [closed]

Two months ago I started to conduct an investment-based immigration program to Bulgaria with the aid of a Bulgarian law firm. After two months, I found they were extremely unprofessional (the ...
1
vote
2answers
29 views

E2 Visa company converted from LLC to C-Corp

I'm just about to apply for a E2 visa for my LLC corp formed in Wyoming. I've been accepted into a startup accelerator program that requires us to be a C-Corp. Will changing the companies structure ...
1
vote
2answers
79 views

Why would rescinding DACA privileges be illegal?

The Supreme Court recently refused to hear a lawsuit regarding the constitutionality of the DACA policy. This supposedly prevents Trump from rescinding the DACA program. But why would cancelling DACA ...
0
votes
1answer
33 views

Can a non-indian spouse claim rights/share in Indian properties on divorce?

I am a divorced Indian citizen in USA and have grown up kids in India. I am going to get married to a non-Indian citizen in USA. She has German citizenship and will still have her German citizenship ...
0
votes
2answers
74 views

Does attourney client privilege protect communication with an employee?

I will be starting a new job in the US soon. If I tell the company's immigration attorney a professionally embarrassing immigration issue I may face, are they likely to share this information with my ...
0
votes
0answers
23 views

E-3 visa sponsored by own company

If I was a part owner of an LLC incorporated in the US but did not have working rights there, could this entity be used as the sponsor for an E-3 visa (to work for that entity inside the US)? Although ...
0
votes
1answer
54 views

I am planning to petition citizenship for my brother in the US but have no birth certificate…? [closed]

One of the requirements on the USCS.gov was to fill out the I-30 for petitioning of siblings. The instructions said to obtain a birth certificate but neither him nor me have birth certificates(I just ...
4
votes
2answers
82 views

Prenuptials and Green Cards

My girlfriend has overstayed her visa and wants to marry to obtain a green card. I'm only willing to do it if there is an air tight prenuptial agreement. Will she still obtain a green card if this ...
0
votes
3answers
251 views

How can the the USA legally ask illegal immigrants to pay taxes while denying them any legal basis of citizenship?

According to a report released by The Institute of Taxation and Economic Policy in February 2016, they state that: 11 million illegal immigrants in the United States are paying annually an ...
2
votes
1answer
50 views

Procedure for Trial if Defendant Does Not Have a Visa To Attend Trial?

I am interested in both civil and criminal cases. Suppose a defendant is charged with a crime or has a civil complaint is filed against that defendant. However, the defendant is granted bail or just ...
0
votes
1answer
26 views

Citizenship UK from permanent residenship

I just received my UK permanent residence as EU for the period from Nov 2010 to Dec 2015. Now to apply for UK citizenship I know you need to have the permanent residence for at least 1 year. Is that ...
3
votes
1answer
118 views

Can typical US employers legally fire green card holders for refusing to apply for naturalization?

8 USC §1324b(a)(3)(B) makes it illegal for employers to discriminate against permanent residents, unless said permanent residents have failed to apply for naturalization within 6 months of becoming ...
4
votes
4answers
169 views

Can a change in interpretation of the 14th amendment apply only to future births?

The administration is currently rumored to be considering asserting an interpretation of the 14th amendment to hold that it does not grant citizenship to the US-born children of illegal immigrants. I ...
2
votes
2answers
204 views

Is 18 USC §911 (false claim to US citizenship) still considered constitutional?

This statute reads: Whoever falsely and willfully represents himself to be a citizen of the United States shall be fined under this title or imprisoned not more than three years, or both. There is ...
3
votes
1answer
147 views

Is unlawful entry into Mexico a crime?

In the U.S. there is a federal law making unauthorized entry into the country illegal. Does Mexico have similar law? If so, does anyone know of English translations?
5
votes
0answers
376 views

Passport requirements for travel between a US territory and a US state

I am trying to find out what US law says about foreign travelers flying between US territories and the "mainland." For example, flying from Guam to Hawaii or from Puerto Rico to Florida. 8 CFR 215.1(...
-3
votes
3answers
108 views

How can I, as a defendant, convince a court that an attorney is lying to deny post conviction relief?

Defendant, a non-ctizen, pleads guilty to felony. The non-citizen gets a good deal,(probation no jail time) but his attorney does not tell him that he is going to get deported for it. (The state ...
2
votes
1answer
112 views

How to dismiss my attorney and act pro se

My attorney failed to submit an important document for my hearing which resulted in a continuance for one year. There are other issues such as refusing to share information with me even when I am ...
2
votes
1answer
112 views

Can a refugee use the Refugee Convention to defend against a charge of illegal entry?

Following up on Is criminal prosecution of asylum seekers who entered the US illegally a violation of the Refugee Convention?: Suppose someone were prosecuted for illegal entry, having admittedly ...
14
votes
1answer
264 views

Can male guardians prevent Egyptian women from leaving the country?

As an unmarried adult Egyptian woman living abroad with a valid Egyptian passport, can my father/brother/... stop me, by law, from leaving Egypt after a visit there? I know I don't need to show a ...
1
vote
1answer
171 views

Power of Attorney Visa Application

I am a US Citizen currently in Bulgaria with my girlfriend. I was a previously a contractor in the Middle east and came to Bulgaria straight from my last contract - on a passport (90 days validity) ...
1
vote
0answers
24 views

I have stamped H-1B but not yet travelled. Current employer wants to file L-1

I have a valid stamped H-1B from a US based employer, but not yet travelled. Now my current employer wants me to send to US on L-1 visa. How does this affect my H-1B status? And can I use this H-1B ...
2
votes
2answers
116 views

Shopping for US immigration lawyers for marriage-based GC: What to ask in consultation?

I am in the process of finding an attorney to help with my Green Card application. I consider myself very knowledgeable about this subject, but I am not an expert nor do I have any personal experience....
1
vote
1answer
102 views

Is criminal prosecution of asylum seekers who entered the US illegally a violation of the Refugee Convention?

The United States is a party to the 1967 Protocol Relating to the Status of Refugees, and Article 1, paragraph 1 of that protocol incorporates Articles 2-34 of the 1951 Convention Relating to the ...
1
vote
2answers
515 views

How does one handle Item 57 on I-130 if the beneficiary lives in the US but has a foreign name?

On USCIS I-130, Part 4, Item 57, it asks for the name and foreign address. However, my spouse is living in the US with me, so does not currently have a foreign address. Should I just write the name ...
0
votes
1answer
40 views

How does Judge Boasberg’s court order affect asylum seekers who crossed the border illegally?

If someone comes to America seeking asylum, the first step is for them to have a Credible Fear interview with a USCIS Asylum Officer to find out if they have a credible fear of persecution if they ...
1
vote
1answer
151 views

When is the effective date for travel ban?

In the White House travel ban announcement Under the Section 7 part (a) I can see that: The restrictions and limitations established in section 2 of this proclamation are effective at 3:30 p.m. ...
2
votes
1answer
142 views

Does money make it easier to become a naturalized US citizen?

I'm family friends with some undocumented immigrants, one of whom is a DACA recipient. With everything the Trump administration and Republicans have been doing it's made me pretty angry and honestly ...
4
votes
1answer
88 views

How does Judge Sabraw’s injunction on family separation impact the Flores consent decree?

US District Judge Dana Sabraw just issued a court order prohibiting family separation of people crossing the border illegally and requiring reunification of those families. Here is what it says in ...
4
votes
1answer
89 views

Does being in DHS custody awaiting criminal prosecution count as “time served”?

A few months ago, Attorney General Jeff Sessions implemented a "zero tolerance policy", requiring the Department of Justice to criminally prosecute every single person caught crossing the border ...
0
votes
2answers
88 views

When will a passport be needed to go the UK from the EU?

When the UK was a member of the EU there was no need for a passport to visit the UK. It was enough with a ID card from your EU country or a driving license. As brexit process is going on when are EU ...
2
votes
1answer
218 views

I am an American about to marry a Russian girl in Russia. Do I need a pre-nup?

My fiance is not a "Russian bride"; she's a real girl I've been dating for a year, we love each other, and want to get married. If we marry in Russia, do I need a pre-nup? If we later on get a ...
7
votes
3answers
298 views

At what point do immigrants acquire the right to due process

I am asking this because president Trump is calling for sending immigrants who approach the border from Mexico to be sent back without due process. I strongly suspect that it is illegal but a lot of ...