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
28 views

Schengen Area: What was the legal rationale for countries extending Temporary Reintroduction of Border Control beyond Nov. 2017?

(This is not about the coronavirus pandemic, which I understand is a different issue, but about the six countries that had already been maintaining border controls since related to migration and ...
2
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1answer
27 views

How to interpret a Labor Condition Application (LCA) Posting Notice during the stay-at-home quarantine?

My colleague is now, like many of us, working from home due to the coronavirus. We're in NYC. She's also been applying for an H-1B though and received the following letter, which seems to say that ...
0
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1answer
49 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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1answer
755 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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2answers
85 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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0answers
17 views

Does a K-1 Visa Holder have to submit a form I-693 (Medical Examination) when applyting for Adjustment of Status I-485?

I am a K-1 visa holder. I had my medical examination done in Jakarta, Indonesia back in December 2019 (medical plus all vaccines). All tests are healthy, all vaccines are done properly (standard ...
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0answers
6 views

How long can I be out of the US on a TN (Traveller NAFTA) visa? [migrated]

Due to the spread of the coronavirus my organization is recommending (essentially mandating) that all employees work from home (WFH) until further notice. I was planning on traveling to Canada from ...
-2
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1answer
63 views

Bypass SSN Requirement for Independent Contractors

I work in a sales organization, knife selling, and we hire pretty much anyone who is interested. We got a guy walking through in a college, who was interested, but did not have a social security ...
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0answers
20 views

What type of evidence to prove continuous residence

Specifically, I am asking about the category "Your immediate family remained in the U.S." My brother and his wife remained in the US during the time I was absent. What evidence should I provide to ...
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1answer
65 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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2answers
255 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 ...
3
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4answers
203 views

Entry to US on green card. Do I have to present a passport of the country of origin or should any passport suffice (or ID)?

I'm a dual citizen with 2 passports. Let's say passport A and passport B. Passport A is the country of birth / country of origin. Passport B I acquired later in life before immigration to US. Upon ...
25
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4answers
12k 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
34 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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0answers
21 views

O-1B: Extension of Stay vs. New Fully Documented Petition

The following is an excerpt from ArtistFromAbroad, a very helpful resource site for petitioning for O-1B: Even if the artist is already in the U.S. in O-1B status, you are not confined to filing a ...
3
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1answer
97 views

Can lawful permanent residents be deported from the US for arriving at a port of entry without a green card?

Suppose a green card holder arrived on a flight to the US, but at some point during the flight, lost their green card and therefore could not present it to CBP. It seems that this person would be an ...
3
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1answer
674 views

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

I am a UK citezen 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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0answers
68 views

Do H1B visa holders allowed to use Patreon to get extra income?

Could anyone explain if H1B visa holders legally allowed to use Patreon or similar services to get some extra income or not?
4
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1answer
133 views

Can Australian citizenship be revoked for a long period of absence from Australia?

I moved to work in Australia about 10 years ago, got there a permanent Australian visa as an employer-nominated skilled migrant, and became an Australian citizen by conferral about four years ago from ...
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0answers
48 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) ...
5
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1answer
140 views

Temporary French residency and foreign driving licenses

Residents of France who hold a non-EU, non-EEA license to drive may continue to use that license for up to one year after establishing residency, subject to certain conditions. The relevant law may ...
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1answer
56 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 ...
4
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2answers
8k views

Is it illegal for a family member to keep a U.S. certificate of naturalization or passport from its adult owner?

In the U.S. is it legal for a family member to withhold certificate of naturalization & passport from another legal adult? What can be done to retrieve the documents?
2
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2answers
84 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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2answers
68 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
167 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 ...
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0answers
63 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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1answer
2k views

Is it illegal to smoke marijuana, or be caught with it, or both?

I am currently watching a TV show called Border Security, and in this show, immigration officers interview potential candidates for entry into their country, in suspicion that they may have something ...
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2answers
71 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 ...
7
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1answer
792 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”...
1
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1answer
837 views

Fastest Way to become a US Citizen

Fastest Way to become a US Citizen → In general, getting a US citizenship is a tedious process it takes a lot of time. If someone starts a Business in the USA after coming from India and gives ...
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2answers
526 views

Article 116(2) Citizenship Restoration - Germany

I'm trying to determine if I might be eligible for German citizenship under Article 116(2) of the Basic Law. Article 116(2) affords restoration of citizenship for those who were stripped of it by the ...
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2answers
219 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 ...
5
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1answer
1k 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(...
15
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1answer
348 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 ...
11
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2answers
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 ...
3
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1answer
233 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 ...
5
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0answers
96 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
30 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 ...
0
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1answer
63 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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2answers
151 views

Shopping for US immigration lawyers: 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....
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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 ...
1
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1answer
54 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
179 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
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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 ...
0
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1answer
29 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 ...
2
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1answer
2k views

Can an illegal immigrant be buried in the United States of America by relatives?

I have heard it said that an illegal immigrant cannot be buried in the United States. That makes no sense: if an unlucky illegal immigrant with no family is killed, I am sure the Government would ...
0
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1answer
62 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
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2answers
74 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
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1answer
52 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 ...