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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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84
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2answers
14k views

On what basis might Trump's executive order on immigration be illegal?

On 27 January 2017, US President Donald Trump has issued an executive order entitled 'Protecting the Nation from Foreign Terrorist Entry into the United States'. On 30 January 2017, the acting ...
44
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3answers
14k views

Can illegal aliens claim sanctuary in a church?

This tweet (as quoted in a Washington Post article), seems to suggest that illegal aliens can claim sanctuary in a church: #GuadalupeGarcia attorney says @ICEgov has lied to him and he will advise ...
26
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9answers
11k views

Can a nation A stop nation B from issuing visas to citizens of nation A?

How would it legally work? For example, could India force U.S. consulates to stop issuing H-1B visas, or other specialized visas, by claiming it amounts to poaching of important human resources? ...
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. ...
18
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2answers
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 ...
15
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1answer
340 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 ...
14
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4answers
2k views

Is it illegal to discriminate against refugees or immigrants based on their religion?

If you live in the U.S, or you keep up with U.S politics, you've probably heard how state governors aren't allowing Syrian refugees into their states, and some politicians only want to allow Christan ...
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 ...
8
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2answers
6k views

What happens to an individual who is deported to a country of which they are not a citizen?

It seems that a person who is deported will normally be deported to the country of their citizenship, but this is not a requirement, particularly if the person is stateless. In such cases the person ...
8
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1answer
3k views

Does the order barring entry of certain aliens into the US properly apply to permanent residents?

The President of the United States has invoked his power under the INA to proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section ...
7
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1answer
784 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”...
7
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1answer
507 views

Will a Muslim with multiple wives who travels to the U.S. be charged with polygamy?

If you are a Muslim with multiple wives, and you travel to the U.S., will you be charged with polygamy? What if you are also a U.S. citizen? (I'm just curious how this works for people from Saudi ...
7
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3answers
329 views

At what point do immigrants acquire the right to due process

I am asking this because president Trump is calling for sending immigrants who approach the border from Mexico to be sent back without due process. I strongly suspect that it is illegal but a lot of ...
6
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2answers
498 views

What should a dual citizen do at a US Border Patrol interior checkpoint?

This question concerns United States Border Patrol interior checkpoints. These checkpoints are located away from the external border, but within 100 miles of it, at which traffic may be stopped in ...
6
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1answer
108 views

I'm a Canadian Citizen and want to marry an American Citizen, but still live in Canada

I'm just wondering if I am able to marry an American citizen if I'm Canadian, and still reside in Canada, while he will still reside in USA. We are not able to move abroad for probably a few years, at ...
6
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0answers
167 views

Do British Overseas Territories count as United Kingdom with regards to 90 days rule when applying for British citizenship?

https://www.gov.uk/becoming-a-british-citizen This one of the criteria: Spent no more than 90 days outside the UK in the last 12 months Read the full guidance notes and the requirements ...
5
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2answers
4k views

What international body would one go to file a case against Australian Immigration?

I have a situation with Australian immigration that sounds like a cheap scam... Immigration process goes as follows, you submit documents to one of agencies that are appointed by the Australian ...
5
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2answers
479 views

What is the legal source of the banned immigrants list?

The recent presidential decree banning immigrants from certain nations refers to 8 USC 1187(a)(12), identifying aliens "from countries referred to in" that piece of law, which explicitly names Syria ...
5
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1answer
134 views

Does Trump's Sept. 2017 travel ban violate the 1965 immigration act?

Most media coverage of the legality of the Trump travel bans has centered on whether they violate the constitutional separation of church and state. However, David Bier of the Cato Institute has ...
5
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2answers
1k views

Are the police legally obligated to report an illegal immigrant who reports a crime?

Say that a person is an illegal immigrant in the United States and a crime is committed against them, such as robbery, domestic abuse, etc. If they report the crime to the police, and a police officer ...
5
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1answer
139 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 ...
5
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0answers
94 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 ...
5
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1answer
889 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(...
4
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3answers
205 views

Is an adult - brought by parents to the US illegally as an infant - still considered an illegal immigrant?

Background: A friend of the family (currently aged 65 and a CEO of a medium sized firm) who lives in the USA, has recently confessed that he was in fact born outside of the USA, and his parents ...
4
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1answer
1k views

Does Congress have the authority to grant citizenship to an individual?

The US House Committee on Appropriations just passed a resolution to grant citizenship to Charlie Gard, a British infant. Of course, the resolution is only part of a much larger bill that would need ...
4
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2answers
386 views

Why didn't Washington sue Trump directly in the Supreme Court?

Article 3 of the Constitution provides: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original ...
4
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2answers
220 views

Does federal law require people criminally prosecuted to be in federal jail?

A few months ago, Attorney General Jeff Sessions implemented a "zero tolerance policy", requiring the Department of Justice to criminally prosecute every single person caught crossing the border ...
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?
4
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1answer
110 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 ...
4
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4answers
202 views

Can a change in interpretation of the 14th amendment apply only to future births?

The administration is currently rumored to be considering asserting an interpretation of the 14th amendment to hold that it does not grant citizenship to the US-born children of illegal immigrants. I ...
4
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1answer
889 views

Is there any way to renounce citizenship of a foreign country legally in the U.S.?

I have dual citizenship of Japan and Iran, and I'm studying in the U.S. for the past six years through F-1 visa. I've lived in Japan for the first 15 years of my life, and I've never visited Iran. ...
4
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1answer
100 views

Does being in DHS custody awaiting criminal prosecution count as “time served”?

A few months ago, Attorney General Jeff Sessions implemented a "zero tolerance policy", requiring the Department of Justice to criminally prosecute every single person caught crossing the border ...
4
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2answers
227 views

Prenuptials and Green Cards

My girlfriend has overstayed her visa and wants to marry to obtain a green card. I'm only willing to do it if there is an air tight prenuptial agreement. Will she still obtain a green card if this ...
4
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1answer
114 views

How does Judge Sabraw’s injunction on family separation impact the Flores consent decree?

US District Judge Dana Sabraw just issued a court order prohibiting family separation of people crossing the border illegally and requiring reunification of those families. Here is what it says in ...
4
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0answers
93 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 ...
4
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2answers
1k views

Evil mother filed missing person report after kicking out adult daughter. Any way to dismiss it?

Alright, so my girlfriend and I were planning to move in together sometime next month. We've been in a long distance relationship for over 2 years and have never met in person until now. She was in ...
3
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1answer
160 views

Is unlawful entry into Mexico a crime?

In the U.S. there is a federal law making unauthorized entry into the country illegal. Does Mexico have similar law? If so, does anyone know of English translations?
3
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1answer
4k views

Can US citizens be denied entry to the US?

This question includes multiple hypotheticals that may have seemed inconceivable a year or two ago, but now that we've shifted to debating about how they might be implemented, consider the following ...
3
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2answers
192 views

Legal Alien Eligible for Medicare Without Working in US

I am a 35 year old US citizen with a good job, company provided health care, benefits, etc... My wife is a 50 year old Japanese citizen registered as a legal permanent resident alien. We have been ...
3
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2answers
146 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....
3
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1answer
74 views

Can states legitimately enact immigration law or policy that is contrary to federal immigration law?

Federal Immigration and Nationality Act Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) says Any person who encourages or induces an alien to reside in the United States, knowing or in reckless disregard ...
3
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1answer
89 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
228 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 ...
3
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1answer
48 views

What happens after a border conviction?

This recent Article Here raises the question of what happens after a US border conviction. On Monday, (6-18-18) agents brought a Honduran man, Mariano Torres-Perdomo, into court to face a ...
3
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1answer
2k 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 ...
3
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3answers
2k views

Is it legal to discriminate in employment based on needing future sponsorship?

Currently I have work authorization to work in United States and I am actively looking for a job. I was contacted by a recruiter of a "too big to fail" company and they asked whether I am authorized ...
3
votes
1answer
72 views

Immigration Status after Marriage

My boyfriend and I have a long-distance relationship for a while now. I visit him in Japan, and he visits me in New York, but we are separated by a huge distance. I want to propose to him so he can ...
3
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1answer
607 views

Does applying for a Diversity Visa make one ineligible for other visas?

A friend is planning to immigrate to the US in the relatively near future. It appears there are various different avenues by which they may gain temporary or permanent residence and work permits. The ...
3
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2answers
2k views

What would happen to a person with no identity?

I'm working on an RPG, and a few of the characters have no ID, and are secretly from another universe. If one is processed for a minor crime (say, trespassing), but has no ID, no history, and no ...
3
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0answers
107 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 ...