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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2answers
111 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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0answers
49 views

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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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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1answer
106 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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2answers
766 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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1answer
16 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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0answers
44 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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1answer
58 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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20 views

I am planning to open a S- Corporation on EAD, is it possible?

If I am on EAD (485 waiting for green card) status.Is it legal to open a S-Corp?
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1answer
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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1answer
62 views

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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1answer
36 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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1answer
86 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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1answer
134 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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1answer
55 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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1answer
38 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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2answers
670 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
66 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
88 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
90 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
56 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
96 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
94 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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0answers
23 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
69 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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0answers
23 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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1answer
46 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, o którym mowa w art. 211 ust. 1, ...
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1answer
36 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
45 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
105 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
38 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
67 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
70 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
116 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
108 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
371 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
87 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
77 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
32 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
52 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
122 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
84 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
32 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 ...
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1answer
648 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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