61

Marriages are controlled by state law, immigration is governed by federal law. In no state is a marriage automatically "cancelled" for committing a crime, much less for violating an immigration regulation. So you will remain married until you or he changes that.


45

You will be married to a person who is not allowed to enter the United States. But still married. The marriage is presumably valid under the laws of Laos, since you married there. The marriage is presumably also recognized by the United States, since they accepted it for the visa application. So now you need a divorce that is recognized by both countries ...


18

Technically, there is no such thing as an unconstitutional law. There are laws which have been passed, but whose unconstitutionality has not been discovered yet. But once a law is legally deemed to be unconstitutional, it stops being a law. The constitution is a recipe for running the government. If Congress enacts legislature which it has no authority to ...


12

There is an Oath of Enlistment for the military where the enlistee vows to support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, ...


9

See United States v. Hart, 291 F.3d 1084: This appeal presents the question whether materiality is an element of the crime of making a false statement in an application for a United States passport in violation of 18 U.S.C. § 1542. We have implicitly indicated that it is not, see United States v. Suarez-Rosario, 237 F.3d 1164, 1167(9th Cir. 2001), and now ...


7

I assume that you were not born in the United States, and that your mother was/is not a US citizen. If these assumptions are incorrect, the answer below does not apply. A child born outside the United States to a US citizen and a non-US citizen will be a US citizen so long as the parent spent a certain amount of time physically present in the United States. ...


7

Only the currently unmarried may lawfully marry in the US US laws generally prohibit a marriage if either person is currently in a valid marriage to a third person, whether in the US or anywhere else. If a current marriage is valid it must be ended by divorce or in some other lawful way before a valid US marriage can occur. Marrying in the US while already ...


6

From a purely technical interpretation of the law does the oath cover laws that are unconstitutional? Of course not. Unconstitutional laws are effectively null and void. The oath covers the constitution and laws collectively, not individually. Supporting and defending them collectively includes supporting and defending court rulings, including those ...


6

Among the courts to address the question, there is general agreement that a false statement need not be material to support a conviction under 18 U.S. Code § 1542: United States v. Salinas, 373 F.3d 161, 167 (1st Cir. 2004) ("That statute does not contain any materiality requirement."); United States v. Hasan, 586 F.3d 161, 167 (2d Cir. 2009) (&...


5

Yes In general, default judgements can be set aside for good cause. If the defendant can show that they had a legitimate reason for being unable to respond to the cause of action, then the judgement can be set aside and a new hearing scheduled. However, “good cause” encompasses things both unforeseen and unforeseeable and includes having good cause why the ...


5

Those are two ways of referring to the same law. "INA 101" refers to it as a section of the Immigration and Nationality Act of 1952 as amended; most changes to US immigration law since then have been amendments to that act. "8 US Code 1101" refers to it as a section of Title 8 of the US Code, an official compilation of US laws based on ...


5

will these assets be considered as income by the IRS, even though the account money predates her becoming a US person? No. Even if there was no income, is it possible that the person still had to pay other taxes related to foreign assets (i.e. does the IRS tax assets, not only income? There are fines related to failure to disclose foreign bank accounts ...


4

Yes, You May According to this page from Invest-faq It is perfectly legal for non-resident aliens to trade equities on exchanges in the United States using US brokerage houses directly. (A “non-resident alien” (NRA) is the US government’s name for a citizen of a country other than the US who also lives outside the US.) ... Of course there are certain ...


4

It is well established that the federal government has complete control over immigration. See especially Arizona v. US which holds that States are precluded from regulating conduct in a field that Congress has determined must be regulated by its exclusive governance. De Canas v. Bica (1976), 424 U.S. 351 is also relevant to the application of field ...


4

Short Answer No. The immigration applicant is generally not entitled to his or her attorney fees in this situation, even though the government is violating one of its own laws. Long Answer The Black Letter Law Question The Right To Fees Depends On The Legal Theory Advanced A consistent answer doesn't exist at the level of generality of the title question. ...


4

The US doesn't do exit immigration checks, so if your hypothetical Israeli overstayer can board a flight out of the US, they'll most likely be allowed to go without detention or other punishment. The US sees no value in spending government money to detain someone who is ready to leave of their own accord. I'm not sure why such a person should have "no ...


4

It's exactly the opposite. All arrests are public record under California Government Code 6254(f): Notwithstanding any other provision of this subdivision, state and local law enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person ...


4

Worth reading this document (pdf) from the US Social Security Administration (SSA). It describes the rules for Foreign Workers and Social Security Numbers and on the second page states: Do I need to have my number before I start working? We don’t require you to have a Social Security number before you start work. However, the Internal Revenue Service ...


3

Once a green card is granted it does not expire by operation of law upon a divorce. If immigration officials suspect that the marriage was fraudulent in the first place, they can seek to revoke the green card because it was obtained fraudulently if they can prove that in an appropriate court. But, generally, divorce does not revoke a green card and the green ...


3

The requirements are primarily about the immigrant. There are three main types of employment-based green card. For the category "Extraordinary Ability" You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim In this case, "No offer of ...


3

Yes and No. The Federal U.S. Government as well as each individual state and territory claim Soverign Immunity to a limited degree. In the case of Federal Government, they claim Soverign Immunity to a near limitless degree (more on this in a moment), while States and Territories claim "State Soverign Immunity" which grants them immunity with ...


3

This letter from the governor says what happened, at the level of "the state". First, this all relates to a series of proclamations, saying that the surge of individuals unlawfully crossing the Texas-Mexico border poses an ongoing and imminent threat of disaster for certain counties and agencies in the State of Texas This is the standard kind of ...


3

[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 sponsoring more than one foreign national, you must submit a separate Form I-134 for each foreign national. There is no mention, that I can see, prohibiting future ...


3

Because of the First Amendment, there are no general law prohibiting publicizing the name of a criminal suspect in the US. Government records are public to some extent in most states, therefore a person might demand the name of suspects involved in crimes under a state's public records law. In Washington state, there are some specific crime-related ...


3

A temporary guardian would qualify, however, you would have to go to the probate court and explain why you are "unable to care for the minor". It would appear from the situation you describe that you are able to care for the child. A standby guardian would also qualify if it has taken effect "upon the occurrence of a specified contingency, ...


3

A sample visa application is provided here. On p. 80, it warns that the submission of an application that contains false or misleading information may result in permanent refusal of a visa or denial of entry, and that all declarations are unsworn declarations made under perjury of penalty, 28 USC 1746 the penalty being specified as a fine and up to 5 years ...


2

To whom does the obediance lie with those who took the oath? If by obedience, you mean allegiance then it is the Constitution and the law... I hereby declare, on oath... that I will support and defend the Constitution and laws of the United States of America ... that I will bear true faith and allegiance to the same ...


2

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. Your question contains everything needed to reach the correct answer. Foreign travelers traveling between Guam and Hawaii, or Puerto Rico and Florida, need to ...


2

California... In general, california has been working towards providing more and more protections to "undocumented" or "illegal immigrants", or persons who have not been paroled, admitted, deemed inadmissible, ordered to be removed or deported under federal law. For e.g., one may not be inquired into their immigration related information ...


2

An F-2 visa holder cannot work unless they get a work permit. They are allowed to volunteer but volunteering is only legal for the ‘employer’ in the not-for-profit/charity sector. Unpaid internships are legal but only where the relationship is primarily for the benefit of the intern. An “internship” where the intern is doing work that could/should be done by ...


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