Questions tagged [immigration-law]

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Is it legal for someone on an H1B to found a startup?

I have a friend sponsored on an H1B visa that I'd like to start to a software company with. We would not be securing outside capital. I'm wondering if the terms of an H1B visa which I believe prevent ...
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Must we show our prenup agreement to the immigration office/officer?

If two person want to get marry together, but also like to have a prenup agreement as well, and one of the guys is on a non-immigrant student(F-1) visa, should they also provide their prenup agreement ...
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Does California recognize a foreigner's divorce in their home country?

Considering two people came into the US with F-1 and F-2 visas, while they both are foreigners and got married in their home country, if they get divorced in their home country using their embassy in ...
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Can a f-2 visa holder request for status termination to re-marry a US citizen?

If someone came to the US with F-2 visa while she and her husband (F-1 visa holder) are not US citizens nor permanent residents, and their marriage happened in their home country, can she (F-2 visa ...
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Should foreigners file divorce in the US if they would do it in their home country embassy in the US?

If two foreigners come to the US with F-1 and F-2 visas, while they got married in their home country, if they file a divorce request in their own country embassy and it gets approved and they get ...
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Will F-2 visa holder lose her/his status the day s/he files divorce/summery dissolution?

I searched on the Google and found out both divorce and summary dissolution filing seem to take 6 months to be approved/legally accepted. So what would be the status of someone whose visa is a ...
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Applying for EB-1B visa when my parent company has 3 full time researchers [migrated]

I finished my Ph.D. last year and am currently working as a full-time researcher at a company. I have 10+ publications and am currently part of the program committee for a conference. My company doesn'...
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Should an F-2 visa holder leave the US after divorce even if she wants to marry with a UC citizen after that?

If an F-2 visa holder comes to the US with his husband(F-1) and they both aren't neither US citizens nor permanent residents and their marriage happened in a second country: Must she get divorce ...
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What visa should one apply for if they want to become partners in a UK firm?

Suppose that a person is an international student wanting to invest in an existing firm in UK. Which visa types could such a person opt for and what advantages would each type have over a skilled ...
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What are good documents for a convincing case of cross-chargeability for US's legal permanent residence?

According to US's rules of chargeability an immigrant shall be charged to the numerical limitation for the foreign state or dependent area of birth, unless the case falls within one of the exceptions ...
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Should Canadians be seeking asylum to other countries? [closed]

Just wondering, in the plight of some recent news coming from Canada, and the Emergencies Act being evoked (protesters; thier right to protest in a certain area were vanquished and they were arrested);...
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1 answer
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Is someone who was born in China but acquired citizenship elsewhere through derived citizenship still a Chinese citizen?

I am a 38-year-old who has lived in the US since I was 2 years old. I was born in China to Chinese National parents. My parents and I immigrated to the US when was a small child. My parents were ...
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11 votes
2 answers
2k views

US residency law for green card holders

It's been about 4 yrs that I have my green card. But it's about 4 months that I'm living out of US now to stay with my parents in a foreign country. How long can I continuously stay outside the US to ...
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2 votes
2 answers
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What is "Intention to relinquish U.S. Citizenship"?

I was a Sri Lankan citizen who acquired US citizenship via naturalization about a year ago. This automatically voided my Sri Lankan citizenship. However, I got to know that I can apply to resume my ...
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2 answers
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Can Alice accept tips after providing free, no-strings-attached labor or service without employment authorization?

Alice is an asylum seeker with her EAD pending renewal with 179 days of unauthorized work under her belt total. Bob is a recipient of the labor or service of Alice. Is she entitled to engage in labor ...
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8 votes
2 answers
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Should I get divorce before I can marry again in the US? [closed]

I am in the US with F-2 visa. My husband and I are not US citizens or Green Card holders. We are here with F-1 and F-2 visas and our marriage happened in our home country. Now I want to marry with a ...
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1 vote
1 answer
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Is it possible for a non-citizen nor GC holder do crowdfunding inside the US?

Supose that a person A is an international student in the US. A has an idea and like to launch a company on that. I know A doesn't have a work permission but also believe that A can register a company ...
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3 votes
1 answer
70 views

UK Naturalisation while claiming benefits

I am an EU national and started thinking about naturalization. I heard that one of the criteria is that you must not have claimed benefits for more than 3 months in the last year. If I have, does it ...
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1 vote
2 answers
68 views

Providing an I-134 for a Diversity Lottery Winner

If a US citizen or a US legal Permanent Resident is providing a US diversity visa lottery winner an I-134, could that person, in the future, provide another I-134 for a different person who's trying ...
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2 votes
1 answer
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UK Immigration: Impact of excessive single-trip absence (pandemic & personal situation) on future Indefinite leave to remain application

My wife intends to apply for UK Indefinite Leave to Remain (ILR) in Sep 2024 (10-year long residence route). However, there has been a recent big break in her stay in the UK due to personal & ...
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Can an F-2 visa holder establish and manage a company outside of the US?

If someone comes to the US with F-2 visa status, can he establish a new company in Canada or Germany and manages the company and gets it's incomes during the time he is inside the US with the F-2 visa ...
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2 votes
2 answers
125 views

Can “being a woman” be grounds for a valid asylum claim?

In many cultures around the world, women and girls are still completely subservient to men, to the point where forced marriage and pregnancy are still highly prevalent, and women can be divorced or ...
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1 vote
2 answers
122 views

Is there any International Law that protects the rights of a defector spy?

I refer to the extraordinary case of Wang Liqiang, a man who is trying to claim political asylum in Australia. He claims that he was a spy working for the Chinese Communist Party. Then he fled to ...
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1 vote
1 answer
733 views

Can I claim asylum after I land in New Zealand with visit visa?

I'm having the following situation: My home country has been in civil unrest for about 7 years, you may guess the name.. And because of my age I am under the risk of being immediately take into ...
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1 vote
2 answers
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Conflicting State Obligations

Let's say a State has two obligation, on one hand, it must return a person to country of origin under treaty law, on the other hand, the person seeks asylum and thus, under 1951 convention principle ...
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