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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6 views

Are the Irish Short-stay Visa Waiver Programme and British-Irish Visa Scheme directly linked?

At present there seem to be two schemes by which holders of UK short-stay visa may enter Ireland: The SSWVP and the BIVS. Given their partial duplicate coverage of the same nationalities (India, China)...
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Is there anything I can do to make money while in US without work permit? [migrated]

I have a US L-2 visa, which allows me to stay in the US and makes me eligible to work provided I have an Employment Authorization Document (EAD). Due to USCIS taking excessively long to process EAD ...
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32 views

How much processing time for non-Chinese EB5 Investors? [closed]

This page mentions that the Processing time for Immigrant Petition by Alien Investor (I-526) at Immigrant Investor Program Office is: (1) 54 Months to 75 Months for China - mainland born investors (2) ...
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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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39 views

Apply for blue card in Germany with a non-related university degree [migrated]

I recently moved to Germany (Aschaffenburg) with a family reunion visa (My wife is a software developer who lives and works in Aschaffenburg). I found a job in Frankfurt two weeks ago as a software ...
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1answer
63 views

Is not having a valid car insurance a misdemeanor in Orange County, California?

My doubt arises after having received correspondence back from the Superior Court of California County of Orange. I pleaded guilty on a traffic ticket I had pending since three years ago only after ...
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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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5answers
9k views

Will SCOTUS be forced to rule on birthright citizenship soon?

John C. Eastman, professor of law, Chapman University, wrote this in Newsweek a few days ago: Indeed, the Supreme Court has never held that anyone born on U.S. soil, no matter the circumstances of ...
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Can someone else use your deceased brother’s green card? [closed]

I just found out that my brother-in-law used my deceased brother’s green card. Is this legal?
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1answer
65 views

UK Citizenship in 3 years possible by 10 Million Investor Tier 1 route?

I have plans of applying for the Tier 1 Investor visa UK. I am going to make significant investments amounting to no less than 10M GBP. This makes me eligible to apply for ILR after 2 years. For those ...
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1answer
25 views

Eligibility of UK citizenship/residency for long time visa holder

My situation is as follows: Born in Hong Kong in 1995, have a BN(O) passport. Spent 2010-2018 in the UK on a tier 4 visa (high school and undergraduate studies). Returned to HK between 2018 Aug - 2019 ...
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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: ...
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1answer
79 views

Do nonimmigrant aliens in the US accrue unlawful presence while imprisoned?

According to INA 212(a)(9)(B), an alien who is unlawfully present for more than 180 days during a single stay in the US, and then departs the US, is banned from the US for 3 years. If they were ...
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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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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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1answer
35 views

Does expedited removal apply to aliens presenting an Advance Parole document?

Under INA 235(b)(1)(A)(i), an arriving alien can be placed into expedited removal proceedings only if they are inadmissible due to fraud or misrepresentation or if they do not possess the required ...
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2answers
105 views

Extradite or deport a criminal while there is no treaty between the two countries of Iran and Canada

Thank you for considering my question. There is a criminal who has been tried in court and proven guilty and received sentences for a series of crimes including threat to kill and withdrawing money ...
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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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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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1answer
335 views

Can a U.S. citizen get into legal trouble if they tip off ICE as to the whereabouts of an illegal immigrant(s)?

I would like to know if a U.S. citizen, especially for those living in California, can face criminal charges from local or state authorities if they contact ICE instead of the local police to report ...
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1answer
53 views

Not able go back to China with a B2 Tourist visa

My relatives came to America from China (not Wuhan) in the middle of January, and they have a B2 tourist visa, meaning that they can only stay in the US for 6 months. They had planned to return at the ...
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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, ...
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32 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 ...
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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 ...
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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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2answers
72 views

Has any guest worker visa program ever been challenged under 14th amendment?

H1B visas have provisions which require a worker to leave the country if they lose their job and don't find a new one within 60 days. This is probably the best-known such status on stackoverflow, but ...
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1answer
43 views

Remaining in the US Beyond I94 Date After Filing I-539

My mom and sister got to the US in October and they were scheduled to leave the US on April 2nd. Their I94s expire on April 16th. I filed for an I-539 on April 9th. We never saw the Coronavirus ...
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1answer
50 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 ...
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1answer
46 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 ...
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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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1answer
69 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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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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4answers
212 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 ...
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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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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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1answer
102 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 ...
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1answer
160 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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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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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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1answer
57 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
61 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
37 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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2answers
74 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
91 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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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 ...
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2answers
73 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 ...
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3answers
100 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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1answer
832 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”...
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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 ...
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2answers
230 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 ...

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