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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To regain US citizenship
Say Bob is married to Amy. They are both US citizens. One day, Bob decides to renounce his US citizenship (not for the purpose of avoiding taxes), but his wife remains a US citizen.
In this scenario, ...
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A tourist can request political asylum?
Some countries like Uruguay accept political asylum request ONLY if the person enters the country illegally, for those with tourist visa they have a way more complex mechanism. But generally speaking, ...
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Is there a way to know if a 50's immigrant became an USA citizen?
My grandfather and father (both deceased many decades ago) immigrated to USA from Cuba in the 50's, returning to Cuba in 1959 to try to sell all their properties but they never could return back to ...
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Is it possible to change your name while applying for a Green Card in the US?
Is it possible to get a Green Card with a different name of your current name? Or change it as soon as getting the Green Card?
I am on F-1 student visa in the US and want to apply for an EB-2/NIW/...
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Where to report suspected immigration offences in New York City?
Is it unlawful for a non-US citizen to enter the US on a tourist visa and work as a sex worker in NYC? Also, would it be considered human trafficking if she were to travel to her own country before ...
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UK Skilled Worker Visa: Resign prior to completion of minimum employment period
Context
X is on Skilled Worker Visa.
X's employment contract states
2 year minimum employment period
3 month minimum notice period after serving the minimum employment period.
Question
Given the ...
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Is the U.S. Dep't of State yearly Report on Human Rights Practices deemed part of the record by the operation of law or you must cite it?
The reports are lengthy, ranging between ca. 20-70 pages for a particular country, and the greatest use of it is to draw an inference from the admissive assertion relative generally to torture and ...
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Is it possible to leave canada by train or car unvaccinated and vice versa?
Can an unvaccinated Canadian citizen or noncitizen leave the country by car or train and likewise return by car or train?
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What's the definition of self employment especially with respect to right to work?
Many legal contexts regard self employment equivalently as employment just as much as working for someone else, like job seekers allowance now Universal Credit. Appropriate adjustments are made to the ...
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Does right to work or other immigration related provisions affect migrants' ability to volunteer with charities?
Right to work scheme I think extends to apprenticeships and internships but does it or anything similar apply to volunteering at charities?
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What is the status of a person who enters the US on a visitor visa without having renounced LPR status?
Here is an excerpt from the Foreign Affairs Manual of the US State Department:
9 FAM 402.2-4(B)(10) (U) Lawful Permanent Resident (LPR) Issued Nonimmigrant Visitor Visa for Emergency Temporary Visit ...
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In INA 212(a)(9)(B)(i), what does "other than an alien lawfully admitted for permanent residence" mean?
INA 212(a)(9)(B)(i) states that
Any alien (other than an alien lawfully admitted for permanent residence) who—
(I) was unlawfully present in the United States for a period of more than 180 days but ...
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Does the US Government monitor and/or revoke newly naturalized citizens?
I know to some extent the US watches everyone, but what I am thinking of is whether newly naturalized citizens are watched to see if their naturalization process seems insincere in hindsight. For ...
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Statutory basis of Border agents' obligation to make "reasonable accommodations" for vulnerable individuals?
In a brief but curtailed discussion with an immigration solicitor at a recent charity event, they began explaining that adults who were vulnerable due to mental illness, clearly palpable ...
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Are extradited prisoners residents of the receiving country?
I'm interested in answers for various jurisdictions.
If a person of country A is extradited to country B, are they considered to be residents of country B while they are serving their sentence?
Notice ...
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Are there really US federal laws involving immigration that result in fake job interviews?
On this page someone answered the question “Do employers waste time interviewing people?” with the following:
yes
often it is to conform to federal guidelines - so they are directed to higher the CEO’...
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Recourse to public funds as a legal aid eligibility criteria?
For example, What is the overlap or general relationship between "no recourse to public funds" and eligibility for legal aid?
Is legal aid encompassed by NRPF? It surely can't be in an ...
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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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Is giving birth a function of immigration law in the US?
The federal govt has sole jurisdiction in making and enforcing immigration laws and regulations in the US.
"The US immigration policy is regulated at the federal level. Although certain matters ...
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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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Must the USCIS abide by the Code of Federal Regulations (CFR), or is the CFR just a set of guidelines that aren't legally binding?
I wonder whether the United States Citizenship and Immigration Services (USCIS) must abide by the Code of Federal Regulations (CFR) or the CFR is just a set of guidelines that aren't legally binding (...
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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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Can deportation be reversed?
Suppose, for example, that a US permanent resident is convicted of an aggravated felony. They will probably go to prison and then be deported once they are released from prison under INA 237(a)(2)(A)(...
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India immigration law: Does religious freedom provide an excuse to overstay a visa?
If a person overstays their tourist visa in India while staying with a guru in an ashram, can they be excused without penalty when they exit?
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What is the history of visas and when did they begin to become requirements for entering a country?
I was told that back in the day (like Renaissance era) you didn't need a visa to go to places. Specifically the US and UK but I'm guessing it was all relatively closer to the same time around the ...
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Can one’s ability to travel to Ireland be restricted due to breaches of U.K. immigration law? If so, how?
Suppose that one has a less-than-pristine U.K. immigration record, and wishes to visit Ireland. Sure one may fairly naturally be banned from the U.K. for this, but can one’s ability or rights to visit ...
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What is required to maintain PR status in Germany?
I currently hold the German Permanent Resident status. I am taking up a job in a non-European country, but may get back to Germany at a later point (in a few years). Is it possible for me to maintain ...
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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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Does a Chinese citizen lose citizenship if their parent applied for them to acquire foreign nationality?
In Canada, a permanent resident under the age of 14 may be naturalized upon application on behalf of the minor by their custodial parent. Citizenship Act, s. 5(1.04)(a). This is slightly different ...
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What is the rationale/basis for right to rent checks only being required of landlords in England, and not Wales, Scotland or NI?
Landlords in Scotland, Wales and Northern Ireland aren’t required by the Immigration Act 2016 to check prospective tenants’ rights to rent as section 42 is still "prospective legislation" ...
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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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Who’s legally responsible to maintain fiancée K1 documents?
Example: I am a U.S. citizen. I invite my fiancé to the U.S. on a K-1 visa. My fiancé and I do not get married within 90 days. We simply do not get married, period. He (my fiancé) stays in my house ...
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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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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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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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What determines legally the "departure" from the US when you leave by plane?
Related to this question: https://travel.stackexchange.com/questions/171475/if-an-international-flight-is-turned-around-mid-air-do-the-passengers-have-to-p
Entry to the US is quite well defined: once ...
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US Travel restrictions after withdrawal of US asylum application/Canadian PR application, Waiting for asylum interview in US
I am a permanent resident of Canada. My girlfriend and I plan to marry in the USA soon.
She has been waiting for her asylum interview in the USA; she has already obtained her USA work permit and ...
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Can B1B2 Visitor Visa Holder marry a person who has been waiting for her asylum interview in USA but alredy got her work permit and SSN
I am a Permanent Resident of Canada (Indian Passport Holder) living in British Columbia. My girlfriend has been waiting for her asylum interview in USA (State: North Carolina) but she already got her ...
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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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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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What are the consequences of lying to US immigration authorities?
Application for a US visa now requires information about social media accounts. I know that intentionally omitting this information constitutes misrepresentation, but what are the potential ...
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Does unlawful presence rule apply for conditional permanent residents?
Jul 2018 I came to the U.S. with a K1 visa.
Sep 2018. I married a U.S. citizen.
May 2019. I got a conditional 2 year green card that expires in May 2021.
May 2020. I divorced but I did not remove the ...
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Being asked to start teaching before being employed as a new faculty
Suppose that a non-US person F is scheduled to join a US university as a teaching-focused faculty member. F's official starting is set to be January 4th and, at that university, classes start in the ...
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Family re-unification visa processing time
Is there anything in immigration law in Germany which enforces that a family re-unification visa process should be finished maximum in a defined interval?
I am from Afghanistan and having EU Blue-Card....
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Is a spouse financially responsible for another spouse after a divorce, even after the removal of Green Card conditional status?
I’m a U.S. citizen, and my spouse came on a K1 visa. We married on June 1, 2020. Then my spouse got a Conditional Green Card in December 2020.
We divorced in August 2021.
Obviously I’m not going to ...
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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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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 ...
user37953
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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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