35 votes

Should I get divorce before I can marry again in the US?

It is illegal to marry while you are already married This is the crime of bigamy in all 50 states. A marriage ends with the death of one of the couple, a divorce or (in some very limited circumstances)...
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  • 157k
18 votes
Accepted

US residency law for green card holders

There's no hard deadline for you to return to the US. There are some consequences, however, beginning at 180 days, at which point you are to be processed at the border as an "applicant for ...
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  • 25.3k
17 votes
Accepted

Should I get divorce before I can marry again in the US?

Divorce in the US is governed by state law, so it depends on what state you live in. However, the basic requirement is that you be a resident of that state. In the state of Washington, there is no ...
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  • 165k
9 votes

US residency law for green card holders

According to the U.S. Customs and Border Protection's information center: If you are a lawful permanent resident (green card holder), you may leave the U.S. multiple times and reenter, as long as you ...
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  • 23.1k
7 votes
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What is "Intention to relinquish U.S. Citizenship"?

"Intention to relinquish" means you actually meant to stop being a US citizen. In practice, the US assumes that normal people doing normal things don't want that. As described on the page ...
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  • 20.8k
7 votes
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Why is Communism singled out as a totalitarian party in US immigration laws?

The restrictions you're interested in were introduced in the 1950s, during the Second Red Scare. During this period, there was growing concern that "international communism" was intent on ...
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7 votes

Should Canadians be seeking asylum to other countries?

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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  • 139k
6 votes
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Must we show our prenup agreement to the immigration office/officer?

General Answer I have not found any law or regulation that specifically says that an immigration applicant or the applicant's sponsor (spouse) must disclose a prenuptial agreement if one exists. But ...
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  • 97.7k
4 votes

What is "Intention to relinquish U.S. Citizenship"?

As cpast's answer mentioned, the Department of State has an administrative presumption that you don't intend to relinquish citizenship, in the case of several (but not all) of the potentially ...
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  • 1,919
4 votes
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Are extradited prisoners residents of the receiving country?

germany Does the prisoner need a long term resident "prisoner" visa, or something like that? No, during detention a residence permit is not required. Does the prisoner need to register as ...
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  • 4,201
3 votes

Can a f-2 visa holder request for status termination to re-marry a US citizen?

It's not possible to marry the US citizen until the first marriage is terminated, and the F-2 status ends when the marriage is terminated. It's not the F-2 status that prevents the marriage to the US ...
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  • 25.3k
3 votes

Providing an I-134 for a Diversity Lottery Winner

[C]ould that person, in the future, provide another I-134 for a different person who's trying to immigrate to the US? According to the Instructions for Form I-134 (PDF, 371.05 KB) If you are ...
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  • 23.1k
3 votes
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Can “being a woman” be grounds for a valid asylum claim?

Maybe To be a refugee (a necessary prerequisite to claiming asylum) you must meet the UN definition as incorporated in the host country’s domestic law: a person who: has a ‘well-founded fear of ...
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  • 157k
3 votes
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Can I claim asylum after I land in New Zealand with visit visa?

New Zealand has ratified the Convention Relating to the Status of Refugees, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment and the International Covenant ...
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  • 2,752
2 votes

Conflicting State Obligations

There are three main ways conflicts between legal effects (obligations, institutional facts, etc.) are derogated. Lex superior - the effect originating from the highest priority legal source (e.g. ...
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2 votes

Is it possible for a non-citizen nor GC holder do crowdfunding inside the US?

Yes and No. Crowdfunding is basically just inviting people to invest. No work permission is needed for it, so the answer to this is Yes. However, managing the funds and hiring people to work is work. ...
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  • 20.2k
2 votes
Accepted

UK Naturalisation while claiming benefits

I heard that one of the criteria is that you must not have claimed benefits for more than 3 months in the last year. I don't know where you heard this, but it is not one of the eligibility ...
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  • 23.1k
2 votes

UK Immigration: Impact of excessive single-trip absence (pandemic & personal situation) on future Indefinite leave to remain application

Will UKVI allow a concession for this specific situation? Only your wife's UKVI caseworker can definitely answer this with any certainty, but as you say CR2.3 (b) does seem quite compelling but (c) ...
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  • 23.1k
2 votes

What visa should one apply for if they want to become partners in a UK firm?

I believe that one does not need to be physically present in the UK to invest in a UK firm, and thus no visa at all is required for an investor. Legally, I understand, one need not be present in the ...
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  • 97.7k
1 vote

Are extradited prisoners residents of the receiving country?

The situation is just complicated. Country B may be prepared and have specific laws for this situation or they might not. Countries most likely have laws following common sense, or in the absence of ...
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  • 26.1k
1 vote

Are extradited prisoners residents of the receiving country?

Country B might be trying to get one of their own citizens, currently in country A on whatever legal permission or lack of permission, extradited back to stand trial in B. I guess you are not ...
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  • 5,679
1 vote

Are extradited prisoners residents of the receiving country?

united-states Being a prisoner does not make one a citizen. Practically, an extradited citizen of another country would almost certainly be deported after their sentence was completed. As such, the ...
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  • 2,562
1 vote

Should foreigners file divorce in the US if they would do it in their home country embassy in the US?

On this point, US law isn't concerned with acceptance by a foreign country, it is only concerned with US law – under US law, are the couple divorced. When they are, the F2 visa holder is then out of ...
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  • 165k
1 vote

Is someone who was born in China but acquired citizenship elsewhere through derived citizenship still a Chinese citizen?

Does anyone have any real-world experience with how China treats automatic acquisition of US citizenship through INA 320 under the Chinese nationality law? While not exactly the same, there are many ...
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  • 2,859
1 vote

Can Alice accept tips after providing free, no-strings-attached labor or service without employment authorization?

No Without consideration, there is no contract. In most jurisdictions, people who work must be paid the minimum wage for the job. Unpaid workers are only permitted in very narrow circumstances such ...
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  • 157k
1 vote

Can “being a woman” be grounds for a valid asylum claim?

united-states To add specific examples to what Dale M pointed out about the "immutable characteristics […] 'fundamental to human dignity", a report by the Tahirir Justice Center, in what ...
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  • 2,657
1 vote

Providing an I-134 for a Diversity Lottery Winner

Look at questions 22 to 25 on the I-134--it's explicitly asking about previous I-134s and has space for two of them. If you couldn't file multiple petitions there would be no point in the form having ...
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1 vote
Accepted

Is there any International Law that protects the rights of a defector spy?

As one might expect, this topic is quite complex, even by the standards of international law. A good start might be the United Nations High Commissioner for Refugees (UNHCR) 2003 paper "The Interface ...
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  • 173
1 vote

Conflicting State Obligations

Yes, there's a recognized order of obligations. In particular, states cannot bypass such pesky things as Universal Human Rights by signing a conflicting treaty. The specific example is a case where ...
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  • 4,874

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