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.

39 questions with no upvoted or accepted answers
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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 ...
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0answers
114 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 ...
4
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96 views

Legality of post-WWII expulsions in Australia

After WWII, most Japanese people were mandatorily expelled from Australia unless they were born in Australia or had an Australian or British wife, according to this site (the same may have happened to ...
3
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0answers
110 views

How can immigrants in the US get paid as owners of companies when they can't be paid as workers?

I have been interested in starting a company as an immigrant but don't understand what the law is for paying myself from the company or in what capacity I could legally work in the company. I have ...
3
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1answer
746 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 ...
3
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0answers
360 views

Volunteer work while on F1 visa in the USA

Can an F1 international student in the United States who is employed 20 hours per week as a teaching assistant or research assistant perform some volunteering work that potentially grant him/her some ...
3
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1answer
172 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 ...
2
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0answers
21 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 ...
2
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0answers
31 views

Is it legally possible for a foreign PhD student in Sweden to start up a company beside his/her studies?

I'm a full-time PhD candidate in my 3rd year in Sweden with a doctoral residence permit. I have two solid start-up ideas, one is related to the topic of my PhD studies. Considering that I'm working as ...
2
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0answers
90 views

Is the US federal executive allowed to misrepresent federal law?

The US Department of Homeland Security is misrepresenting federal law on its page of frequently asked questions about the biometric exit system that is currently being developed. In particular, they ...
2
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0answers
78 views

Albanian Citizenship by Naturalization: Defining Economic or Scientific Interest

I was looking into Albanian citizenship via naturalization and was wondering what the exact meaning of: Foreigners who are 18 years old, may acquire the Albanian citizenship even if they do not ...
2
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0answers
305 views

New proposed H1B bill - who exactly does it affect?

The new proposed bill by the house can be found here (the actual bill introduced, HR 670, is here): Numerous sources from media claims that if this bill passes, your minimum wage would have to be $...
1
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1answer
170 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: ...
1
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1answer
37 views

Are F3 visas going to be affected by the new presidential proclamation (June 22)?

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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0answers
24 views

Can a company in 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. I was going to work with a company in ...
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78 views

My Girlfriend is Canadian and I'm American, we want marry, but she's not ready to live in th US

My girlfriend and I want to get married. She's Canadian but with the option of dual citizenship, she would live in Canada for a few more months until we have everything sorted in the United States, ...
1
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1answer
76 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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0answers
44 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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0answers
139 views

Employer green card sponsorship after termination

This question is a follow-up of my previous question. So I've been told to leave the company yesterday. Now my question is regarding the Green Card application. So I've been sponsored for EB1-B ...
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0answers
81 views

Can “evidence of registration” be a “certificate of registration”?

8 CFR 264.1 states that a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport constitutes evidence of registration Does that mean that such a stamp also constitutes &...
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0answers
43 views

US Office of Biometric Identity Management: statutory and regulatory authority?

The US records fingerprints of foreign visitors using a system formerly called US-VISIT, now known as the Office of Biometric Identity Management. One might think that this is done under the ...
1
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0answers
1k views

As a dependent of a G4 visa holder, can I work in the USA past the age of 23?

My mother works on an international organization and holds a G4 visa. I, as her son/dependent, received a G4 visa as well. Currently I have an Employment Authorization Card (EAC) which allows me to ...
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0answers
73 views

At what point in a US airport have I been “admitted” to the US for legal purposes?

I understand that prior to crossing being admitted to the US the rights I take for granted on US soil do not apply to me. But it isn't clear to me when passing through a US airport where "admission" ...
1
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1answer
601 views

Does a “withdrawal of application for admission” constitute a “refused admission” in the US?

In 2001 I attempted to re-enter the US after vacationing abroad. I had been working in the US and had forgotten that my H1-B was expired and in the process of being renewed. At the border, I was told ...
0
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1answer
31 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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0answers
26 views

Canadian immigration: Admissibility process mystery

This is a question I've asked at various Q&A sites and forums to no avail. Of course I also asked my own consultant, and several other lawyers and advisors, but none had the answer. I don't have ...
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0answers
17 views

H1B consular processing after company is liquidated

This past October I was given an H1B visa. Since I applied for consular processing, I didn't immediately changed my status from F-1 to H1B. Now my company is terminating their employees in the next ...
0
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1answer
56 views

Four Years and One Day Rule Citizenship

I have left the US for one year thus breaking my continuous residence. After that year, I stayed for 4 and half years in the US. Given that I am a green card holder and have applied for citizenship. ...
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0answers
21 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
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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0answers
22 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 ...
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50 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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0answers
111 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?
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0answers
64 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 ...
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 ...
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0answers
50 views

Where can i find laws in the U.S with low max sentence?

I am an illegal immigrant in the U.S. I recently seen had a friend who got deported for violating a small crime and when they took him down to jail to serve a few days they looked into his background ...
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1answer
46 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 ...
-1
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2answers
895 views

Deportation at port of entry in the US

I'm a legal visa holder and I was wondering what the process is if for some odd reason (I have done nothing wrong) I have been deported and I am asked to go back. My questions are: 1> Do I need to ...
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3answers
145 views

How can I, as a defendant, convince a court that an attorney is lying to deny post conviction relief?

Defendant, a non-ctizen, pleads guilty to felony. The non-citizen gets a good deal,(probation no jail time) but his attorney does not tell him that he is going to get deported for it. (The state ...