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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1answer
47 views

Staying in U.S while waiting for I-130 and I-485 application

I am an international student (with F-1 visa) living in the U.S. and I have recently filed the I-130 and I-485 forms together. I am an immediate relative to a U.S. Citizen. I will graduate soon in ...
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1answer
78 views

Can a company in the 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. Supposae that a person, A, was going to ...
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1answer
197 views

Immigration status of airline crew members on layover

Say an airline is flying internationally into the United States, with flight crew or cabin crew with citizenship in one of the countries designated in President Trump's Executive Order(s). Would ...
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1answer
953 views

Tier 2 Visa to Spouse Visa (UK) - claim income tax refund?

I am a UK citizen and my wife is on a Tier 2 General visa. We would like to apply for Spouse visa so that she is able to find work with other companies (her present visa is issued for a specific ...
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1answer
53 views

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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1answer
127 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
80 views

Does a "temporary guardian" count as a "legal guardian" as mentioned in Proclamation 9984?

I'm a US citizen, and I want my young son's and newborn daughter's Chinese grandparents (without green cards) to be able to visit and take care of them in the near future. They don't speak English, so ...
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2answers
61 views

Do asylum seekers or those with a refugee status in the U.S. enjoy anonymity in any criminal charges?

This question is based on the reports on the attacker in Auckland, New Zealand who is currently prosecuted under an act of terrorism charge. “Neither his name nor the fact that he was a refugee could ...
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2answers
77 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
52 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
91 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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56 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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3answers
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
40 views

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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1answer
69 views

Should Bob choose a manager while registering a new company?

Bob is an F-2(Student dependent) visa holder in the US who wants to establish a new company. Bob is not entitled to work in the U.S.. According to a video I saw on youtube that you must introduce a ...
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2answers
128 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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3answers
88 views

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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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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1answer
85 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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4answers
718 views

Is it legal for a landlord to refuse a lease because an Occupant on the application is an undocumented immigrant?

(For clarity: Applicant - the adult financially responsible for the lease. Occupant - anyone over the age of 18 that will be residing with the Applicant but is not financially responsible for the ...
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2answers
770 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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3answers
2k 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 ...
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1answer
19 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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2answers
476 views

Can a U.S. citizen who renounced his citizenship, get a green card through his American wife?

Here's the situation: A dual citizen American-British couple lives abroad (i.e. in the U.K). Because of the burdens of U.S. worldwide tax (the only country that does this besides Eritrea) the husband ...
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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
402 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 ...
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1answer
65 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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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
103 views

Data retention for EU citizens travelling between UK and EU during Brexit transition/implementation period

Context: I'm an EU citizen studying in the UK. When I travel to my home country in the EU (for example through a direct flight or by train), and then return to the UK, some of my personal information ...
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1answer
66 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
75 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
95 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
139 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
57 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
40 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
674 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
69 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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2answers
389 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
3k views

Which Arrival Date do I enter for my spouse's "Date Arrived" on form I-130 Petition for Alien Relative?

I'm a US citizen and marrying my Korean fiancee. We're working on immigrations forms and have a quick question about form I-130 'Petition for Alien Relative', Question number 14: (Question Marks in ...
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1answer
91 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
62 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
254 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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0answers
77 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
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
99 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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1answer
72 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
28 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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