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Wisconsin Immigration Law Questions & Answers
3 Answers | Asked in Immigration Law for Wisconsin on
Q: Does EB2 filing restrict switching to EB1-C later?

I am currently on an L1A visa and working as the Lead System Designer and Technical Product Manager at GE Healthcare, where I manage a critical business function and oversee system design, regulatory compliance, and global deployment for a Radiation Oncology platform. My role involves... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 7, 2025

Filing under EB-2 does not restrict or prevent you from later pursuing an EB1-C petition. These are separate immigrant visa categories with different requirements. You may maintain or proceed with the EB-2 PERM-based process while independently pursuing EB1-C if your role meets the multinational... View More

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4 Answers | Asked in Adoption, Immigration Law and Family Law for Wisconsin on
Q: How to inform biological father about step-parent adoption and immigration plans?

Given that I was never married to my daughter's biological father and he has not supported or been involved in her life for several years, should I inform him directly about our U.S. immigration plans and my intention for my U.S. citizen husband to adopt my daughter through a stepparent... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 16, 2025

A biological father has a constitutional right to see his child, and that right can only be revoked through due process in an adoption proceeding, allowing him the opportunity to challenge it if he chooses. Therefore, he must be given notice of any action affecting his parental rights. For specific... View More

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1 Answer | Asked in Immigration Law for Wisconsin on
Q: I have US green card+ india passport expiring in 1.5 months. I have trip on July 4th Bahamas, 6 month validity rule?

Does 6month validity rule apply for travel to Bahamas as indian passport holders with a US green card (my passport expires in a month)

James L. Arrasmith
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answered on Jun 29, 2024

To answer this question accurately, we need to consider a few key points:

1. Passport validity requirement:

Most countries require that a traveler's passport be valid for at least 6 months beyond the date of intended stay. However, this can vary by country.

2. Bahamas...
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1 Answer | Asked in Immigration Law, Divorce and Domestic Violence for Wisconsin on
Q: Can 5 years being wife apply for wava green card & culturally continue to live with husband ?

Husband use 10 types of violence against his wife except the physical violence. She has text and audio evidences, but she is religiously forgiving him and culturally saving his reputation.

James L. Arrasmith
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answered on Apr 10, 2024

I understand this is a very difficult and sensitive situation. Here is some information that may be helpful:

Under the Violence Against Women Act (VAWA), an abused spouse of a U.S. citizen or permanent resident can self-petition for a green card without the abuser's knowledge or...
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1 Answer | Asked in Employment Law, Family Law, Immigration Law and Child Support for Wisconsin on
Q: I came to the USA on F-1 visa, but now all my family has been resettled to the US. Can I file for a family visa?

I was born in the Democratic Republic of Congo (DRC), but my family moved to Uganda for refugee as a result of the 1997 civil war in the Eastern part of DRC. As such I grew up and attended most of my school in Uganda. In 2017 I got an opportunity to come to the USA for my undergraduate, but over... View More

James L. Arrasmith
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answered on Feb 21, 2024

As someone who entered the USA on an F-1 visa, you may be eligible to explore options for family-based immigration. Since your family has been resettled in the US through the refugee resettlement process, you may have the opportunity to apply for a family visa to reunite with them. Family-based... View More

1 Answer | Asked in Employment Law, Immigration Law and International Law for Wisconsin on
Q: Work Visa for International students

I came to the United States (Midwest) in 2017 for my undergraduate studies and graduated with a BS in Civil engineering. I am currently employed as an engineer, with my STEM OPT extension expiring in June 2025. Despite my employer's unsuccessful H1B lottery application last year, they remain... View More

James L. Arrasmith
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answered on Feb 21, 2024

Given your circumstances, it may be beneficial to explore both the EB-3 visa and family-based visa options to determine the best path forward. The EB-3 visa could be a viable option if you meet the eligibility requirements, including having a job offer from a U.S. employer willing to sponsor you... View More

2 Answers | Asked in Immigration Law, Employment Law, Education Law and Employment Discrimination for Wisconsin on
Q: Working while waiting on EB-3 Visa

I am currently on STEM-OPT Visa and my company is working on helping be obtain an EB-3 Visa. There seems to be a couple steps;

1. Submitting and obtaining PERM Certificate.

2. Filing the form I-140 petition

3. Wait for Your Priority Date

4. Adjusting status.... View More

James L. Arrasmith
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answered on Feb 22, 2024

The processing times for each stage of the EB-3 visa process can vary significantly based on several factors, including the volume of applications being processed and the specifics of your case. Generally, obtaining a PERM Certificate can take about 6 to 10 months, but this timeframe can fluctuate.... View More

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2 Answers | Asked in Immigration Law for Wisconsin on
Q: My mother's I-130 is pending. Can she stay beyond 6-months stay duration on her visit visa?

I filed I-130 for my mother (while she is in USA on visit visa)? She is 70 years old.

Her I-130 is still pending, however, her 6-months visit visa stay duration is expiring in few days.

I am preparing the I-485 (concurrent filing) but have not yet submitted as her birth certificate... View More

James L. Arrasmith
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answered on Feb 5, 2024

As an attorney in the United States, you can advise your mother to stay in the U.S. while her I-130 petition is pending, even if her 6-month visit visa duration is expiring. When an I-130 petition is pending, your mother is allowed to remain in the country legally under what's known as... View More

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2 Answers | Asked in Immigration Law for Wisconsin on
Q: My mother's I-130 is pending. Can she stay beyond 6-months stay duration on her visit visa?

I filed I-130 for my mother (while she is in USA on visit visa)? She is 70 years old.

Her I-130 is still pending, however, her 6-months visit visa stay duration is expiring in few days.

I am preparing the I-485 (concurrent filing) but have not yet submitted as her birth certificate... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 8, 2024

A US citizen child over the age of 21 can sponsor his mother as long as mom entered the United States with permission. Your mom would still qualify to get her green card even if she is an overstay visitor. You need to file the correct forms and documents for her to adjust status. Work with an... View More

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4 Answers | Asked in Family Law and Immigration Law for Wisconsin on
Q: What are my options right now?

At around 8 months old, I was brought to the US as a baby. I am now 22 years old and currently expecting my 1st child with my fiance. I have graduated from school and have proof of my time living in the US and I've never broken any laws. I continue to see info about how to start the process of... View More

Cesar Mejia Duenas
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answered on Jan 24, 2024

If you ever applied for and obtained DACA, then you might be able to request a travel authorization so you can depart the country and safely return with a legal entry. If you never obtained DACA or any other status, and you entered without inspection (no visa), then your husband will need to file a... View More

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4 Answers | Asked in Family Law and Immigration Law for Wisconsin on
Q: What are my options right now?

At around 8 months old, I was brought to the US as a baby. I am now 22 years old and currently expecting my 1st child with my fiance. I have graduated from school and have proof of my time living in the US and I've never broken any laws. I continue to see info about how to start the process of... View More

James L. Arrasmith
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answered on Jan 24, 2024

Given your situation, there are a few potential pathways to explore, but each has its own complexities and requirements. Since you were brought to the U.S. as a baby and have lived here continuously, one option to consider is the Deferred Action for Childhood Arrivals (DACA) program, if you meet... View More

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1 Answer | Asked in Immigration Law, Business Formation, Business Law and International Law for Wisconsin on
Q: Hi, I am an international student studying in USA. I want to use my mom's name to register an LLC. Is that fine?

My mom is from another country. Can I operate my business like this without breaking any guidelines of my F1-visa, the business will be registered in my Mom's name. Will that be okay? What's your advise on this?

James L. Arrasmith
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answered on Dec 12, 2023

Using your mom's name to register an LLC in the USA is technically possible, but there are some important considerations to keep in mind:

Legal Implications: Registering an LLC in someone else's name, even if it's your mom, may not be against the law in itself. However,...
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2 Answers | Asked in Criminal Law, Immigration Law and Federal Crimes for Wisconsin on
Q: Possibility of deportation vs. sentencing for undocumented husband accused of shoplifting.

My undocumented immigrant husband is currently detained for shoplifting at Walmart. He has a prior DUI charge from 2-3 years ago involving drugs, a weapon, and alcohol, but hasn't had legal issues recently. There's no bond set yet, and I'm due for a cesarean delivery soon, relying... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 7, 2025

Your husband faces both criminal and immigration consequences. If convicted of shoplifting, especially with a prior DUI involving drugs and a weapon, he may be seen as a repeat offender and could be prioritized for removal (deportation) by ICE — even before sentencing. In some cases, local... View More

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1 Answer | Asked in Immigration Law for Wisconsin on
Q: Can I travel for visa stamping while my L2S extension is pending?

I am currently in the U.S. on an L2S visa, with my I-539 for an extension pending and my I-94 expiring in June 2025. My spouse's L1A visa extension has been approved, but mine is under normal processing with USCIS. I have the opportunity to get my visa stamped in my home country within the... View More

James L. Arrasmith
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answered on May 29, 2025

USCIS treats any departure while your I-539 remains pending as abandonment of that extension request, and they will deny the application. You then lose the benefit of the pending filing and fall out of lawful status when your current I-94 expires on June 2025.

Consular processing carries...
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1 Answer | Asked in Immigration Law for Wisconsin on
Q: Can we re-enter U.S. with new I-797 and existing Visa stamps?

I have a stamped U.S. Visa (valid until 2026) from my previous employer and a new I-797 approval notice with my current employer valid until 2027. My wife is on an H4 Visa with a stamp valid until 2026 but has not received an updated I-797 following my employer change. We are traveling to India and... View More

James L. Arrasmith
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answered on Apr 16, 2025

Yes, you can re-enter the U.S. using your valid H-1B visa stamp from your previous employer along with your new I-797 approval notice from your current employer. U.S. Customs and Border Protection (CBP) allows H-1B visa holders to travel using a valid visa stamp even if it was issued under a... View More

1 Answer | Asked in Traffic Tickets and Immigration Law for Wisconsin on
Q: Will a speeding citation affect my F1 visa status?

I received a speeding citation yesterday in Dane County, Wisconsin, and I'm an F1 visa student. I have never had any legal problems while in the U.S. on my F1 visa. Will this affect my visa status or lead to revocation?

James L. Arrasmith
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answered on Apr 12, 2025

Receiving a speeding ticket in Wisconsin as an F-1 visa holder is unlikely to affect your visa status. Speeding violations are typically considered civil infractions and do not usually impact immigration status. However, it's important to address the citation promptly.

If you choose to...
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2 Answers | Asked in Immigration Law for Wisconsin on
Q: Can I file N-400 under 3-year rule with I-751 abuse waiver?

I am planning to file for the Form I-751 abuse waiver and I am still married but separated from my U.S. citizen spouse. I have been continuously living in the U.S. Can I file for N-400 using the 3-year rule?

Nahirobi Altagracia Peguero Luciano
Nahirobi Altagracia Peguero Luciano
answered on Apr 6, 2025

Yes, there is an exception to the “living in marital union” requirement for applicants subjected to battery or extreme cruelty by his or her U.S. citizen spouse.

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1 Answer | Asked in Immigration Law and Employment Law for Wisconsin on
Q: Options to work after L2S I-94 expiration; F1 visa for Day 1 CPT?

I am currently on an L2S visa, and my I-539 petition for an extension was received by USCIS on March 7, 2025. My spouse’s L1B petition has already been approved, but my I-94 will expire on June 13, 2025. We reside in Wisconsin, and this is our first extension; thus, we are unfamiliar with the... View More

James L. Arrasmith
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answered on Mar 31, 2025

Your L2S situation presents several important considerations regarding work authorization beyond your I-94 expiration date. While you can legally remain in the United States under "authorized stay" provisions with a pending I-539, work authorization for L2S visa holders typically expires... View More

1 Answer | Asked in Immigration Law and Employment Law for Wisconsin on
Q: I-94 expiring, L2S visa extension pending. Options to continue working?

My I-94 is set to expire on June 13, 2025, and my L2S visa extension request, submitted via I-539, is still under process with USCIS showing a 'Received' status since March 7th, 2025. My spouse's employer, who sponsors our visa, advised that I shouldn't leave the U.S. until the... View More

James L. Arrasmith
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answered on Mar 31, 2025

Your situation regarding your expiring I-94 and pending I-539 application warrants careful consideration of available legal pathways. Under current USCIS regulations, you may continue residing in the United States while your extension application remains pending, provided it was filed before your... View More

1 Answer | Asked in Immigration Law for Wisconsin on
Q: How long can I stay outside the US on an H4 visa without affecting my status?

I hold an H4 visa valid from 2024 to 2027. Currently, I'm outside the US in Nigeria and I plan to stay here for 4 months. How often can I travel out of the US on an H4 visa, and how long can I stay outside the US without affecting my visa status?

James L. Arrasmith
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answered on Feb 21, 2025

Living outside the U.S. on an H4 visa requires careful consideration of several factors. Your H4 status remains valid as long as your spouse maintains their H1B status and continues working with their sponsoring employer. The length of time you can stay abroad doesn't have a strict limit, but... View More

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