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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22 views

Naturalization: No divorce papers

I will apply for naturalization soon. I answered the question of martial status as divorced (this is the real situation), but I have no divorce documents to provide because both (me and my ex-wife) ...
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20 views

suing in Mexico an American company based in Dallas Tx [closed]

I worked in Mexico or an American company based in Dallas Tx They hold part of my pay check about half of it they also made some of the employees go from Mexico to the USA and work without a work ...
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1answer
54 views

Could the administration justify a rescission of DACA with being anti-Latino?

Let's assume that the Supreme Court will let stand the lower courts' decisions: That rescinding DACA for the bare-bones reason that it is illegal does not meet the criteria laid out in the ...
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1answer
49 views

Seeking advice regarding Judicial Review in the form of Cart against Upper Tribunal refusal permission to appeal

I have an immigration issues here in UK. My asylum claim was refused back in April 2013, by Home Office using words that doesn't exist and or using non-existent events and what was more worse by that ...
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31 views

Leave Germany for few months after having registered

I am a an Italian university employee in Munich. I have rented a flat until the end of November and I did the "Anmeldung" in the offices of the burgeburo. Now I need to leave Germany for 4 months due ...
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16 views

Form I-130: Does a sponsor having a medical marijuana dispensary on their employment history risk rejection?

Simple question, will my sponsor having employment history with a medical marijuana dispensary cause her application to be rejected? Follow-up: Will the sponsor be required to take a medical ...
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2answers
61 views

Section, sentence, nos. (German immigration law)

Section 18b of the Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory contains the next text: A foreigner who has successfully completed his studies at a ...
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2answers
73 views

US Permanent Resident : Risking naturalization if international travel is more than six months?

I am a permanent resident of US having green card for last three years. This year on 25th July, I traveled to my home country and will go back to states on 17 Jan 2020. I would have spend close to six ...
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60 views

What would happen if an illegal immigrant's country of citizenship can't be established?

Imagine a person is detained for being an illegal immigrant in the US, fully admits it, and makes zero attempt to contest their deportation. However, this person refuses to state what country they're ...
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2answers
68 views

Cyclic definition of “US Person” by the IRS

The IRS classifies taxpayers into categories of "US Person" and "Foreign Person" based on their immigration status. However, the definition appears to be cyclical: According to the IRS: The term ...
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2answers
68 views

What is the US standard for reasonable detention duration for immigration checks?

The CBP has the authority to conduct inspections within 100 miles of borders. This region engulfs major cities (NYC, LAX, etc.) as well as populous states like Florida. If the response to an agent's ...
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1answer
782 views

Is the use of language other than English 'Reasonable Suspicion' for detention?

The ACLU indicates: Generally, an immigration officer cannot detain you without “reasonable suspicion.” An immigration officer also cannot search you or your belongings without either “probable cause”...
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9k views

Self-deportation of American Citizens from US

It is conceivable that US citizens detained at CBP will self deport to exit overcrowded CBP detainment facilities avoid lengthy detainments (>20 days). How would a US citizen's self-deportation ...
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2answers
201 views

Why does the CBP border zone nearly touch Reno, Nevada?

The CBP is authorized to do citizen checks within 100 miles of the US border. The ACLU shows this on a map, here. Now, Lake Michigan counts as a national border, probably because of the Boundary ...
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1answer
225 views

ICE Detention of US Citizen

I hope that it is obvious from the questions my inquiry is NOT politically motivated, but seek to understand how citizens can avoid repeating a similar long-term detention. A US citizen was detained ...
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91 views

US domestic flight crosses into Canada - what is the legal situation?

It's common for US domestic flights to cross into Canadian or Mexican airspace. For example, a flight from Alaska to New York, Seattle to Boston, or Hawaii to Texas would likely cross into foreign ...
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29 views

Immigrating to Canada from the UK - sponsored by a spouse or skilled worker?

My Canadian fiancée is currently living with me here in the UK on a 2 year Tier 5 Working Holiday Visa. We are getting married towards the end of that visa's validity (in Canada). We are currently ...
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1answer
58 views

What is the legal background for confiscating cell phones of detained asylum seekers?

On the US southern border, some of the arriving people are detained currently. It is irrelevant here why and how that happens. Cell phones are confiscated when a person found to be an illegal ...
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1answer
1k views

If a USA citizen marries a foreign citizen who has a kid from a previous marriage [closed]

I have a niece who is divorced and we want her to get rehabilitated and one possibility is that she may marry a USA citizen. She has a 11-year-old son from a previous marriage. I looked in Google ...
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4answers
11k views

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

June 17, 2019 - 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. ...
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1answer
48 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
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2answers
168 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 ...
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1answer
26 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 ...
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1answer
60 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 ...
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1answer
27 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 ...
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2answers
63 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 ...
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1answer
43 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 ...
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1answer
77 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 ...
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1answer
308 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,...
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1answer
98 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 ...
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1answer
37 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 ...
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1answer
48 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 ...
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1answer
35 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 ...
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40 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 ...
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1answer
102 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 ...
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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 ...
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1answer
83 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 ...
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2answers
129 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 ...
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2answers
87 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 ...
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1answer
54 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 ...
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2answers
79 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 ...
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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 ...
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1answer
59 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 ...
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2answers
197 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 ...
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3answers
275 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
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1answer
56 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 ...
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1answer
31 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 ...
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1answer
134 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 ...
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4answers
199 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 ...
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2answers
266 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 ...