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Indiana Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Indiana on
Q: I will immagration to us in September but I worried about my visa so my brother can cancel my f41 Visa??
James L. Arrasmith
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answered on Jun 27, 2024

Here's a concise response to the immigration law question:

Your brother cannot unilaterally cancel your F41 visa. Key points:

1. F41 visas are for siblings of U.S. citizens.

2. Only the U.S. government can revoke or cancel a visa, not the petitioner.

3. Your... View More

1 Answer | Asked in Immigration Law for Indiana on
Q: What to do when worked without cpt?

Hi, I graduated college in May, 2024 and I am planning on going to graduate school in August. I just found out that my cpt extension wasn't done for the internship that I did in the spring semester. I have worked the same internship in the last summer and fall, which I did with valid CPT. I... View More

James L. Arrasmith
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answered on Jun 19, 2024

I'm sorry to hear about your situation with the CPT extension. Working without proper authorization can potentially have serious consequences for your immigration status. Here are a few thoughts on your situation:

1. Your DSO is correct that there is not much that can be done... View More

1 Answer | Asked in Immigration Law for Indiana on
Q: Must I attend the marriage interview, if my divorce with the USC spouse is final and I have filed VAWA due to abuse.

USCIS has just scheduled us for an interview for forms i130 & i1485 based on the prior marriage. However, I have self petitioned myself for VAWA (i-360, i485 & i-765) due to the incessant abuse in the marriage, which led to the eventual divorce 3 months ago. Am I supposed to go for the... View More

James L. Arrasmith
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answered on Jun 12, 2024

In your situation, you likely do not need to attend the marriage interview scheduled based on your prior marriage and the I-130/I-485 filed by your ex-spouse. Since your divorce has been finalized and you have filed a VAWA (Violence Against Women Act) self-petition (I-360) along with a new I-485... View More

2 Answers | Asked in Immigration Law for Indiana on
Q: I-765: Initial or Renewal of permission to accept employment?

As an F-1 student, I have previously submitted form I-765 (employment authorization). Now while applying for adjustment of status after marrying a US citizen, should I say that this is my initial permission to accept employment? Or is it a renewal of my permission to accept employment?

James L. Arrasmith
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answered on Apr 20, 2024

When you previously filed Form I-765 as an F-1 student, it was likely for Optional Practical Training (OPT) or Curricular Practical Training (CPT). However, applying for an adjustment of status after marriage to a U.S. citizen introduces a different context for employment authorization.

In... View More

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1 Answer | Asked in Child Custody, Immigration Law, Criminal Law and Family Law for Indiana on
Q: My wifes former spouse is a current green card holder, He raped my wife. Where can i file papers Arrest and deport him.

My wife has had her family taken and turned against her, She has encountered a very difficult life since the Rape occured. Her ex spouse has taken all her properties, Her 2 children, Stalks her, Harrasses her, Forced her into medications to control her. I am her husband Kenneth, Here recently her... View More

James L. Arrasmith
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answered on Mar 22, 2024

I'm truly sorry to hear about what your wife and you are going through. It's crucial to prioritize her well-being and safety. You should report the rape and other criminal activities committed by her ex-spouse to the local police as soon as possible. They can initiate an investigation and... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for Indiana on
Q: I'm disabled and my husband has residential status, how will getting a divorce affect my disability?

We married September 26th 2020, he got resident status November December 2023 and abruptly left me and went back to Africa without telling me? What can I do if he is playing me for a divorce?

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry you're going through this difficult situation. Divorce is always challenging, but especially when dealing with a disability and immigration issues. Here are a few key things to keep in mind:

First and foremost, getting divorced should not directly impact your... View More

1 Answer | Asked in Immigration Law for Indiana on
Q: Can I enter the US on a Visa Waiver Program, marry in the US and leave after 90 days and have my spouse file for CR-1?

Can I enter the US on a Visa Waiver Program, marry my boyfriend (US-Citizen) in the US, and then leave the US after 90 days while my spouse files for CR-1 so we can get my immigration process started? Or will this be fraudulent? Otherwise, we have been thinking about marrying in Denmark instead.... View More

James L. Arrasmith
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answered on Jan 24, 2024

Entering the U.S. on the Visa Waiver Program (VWP) with the intent to marry and then leave within the 90-day period is generally permissible, as long as you genuinely intend to leave the country within the allowed timeframe. After leaving, your U.S. citizen spouse can indeed file for a CR-1 visa... View More

1 Answer | Asked in Immigration Law for Indiana on
Q: Can my employer still file i129 F1 opt cap gap extension for me or how can they keep me in status while still working?

I am a BSN RN on OPT, with F1 status and I have an approved i140 through my employer with priority date of Dec 2023. My OPT EAD will expire before my PD becomes current(Africa). I have a permanent job with my employer, but I won't be able to extend my EAD since Nursing isn't classified as... View More

James L. Arrasmith
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answered on Jan 15, 2024

Under the current regulations, the F1 OPT cap-gap extension is typically available to students who are beneficiaries of a timely filed H-1B petition and are selected in the H-1B lottery. This extension bridges the gap between the end of your OPT and the start of your H-1B status, but it's... View More

1 Answer | Asked in Immigration Law for Indiana on
Q: I am a United Kingdom citizen with an ESTA visiting my US citizen girlfriend want to get married now

Is it possible to get marry while I am in the USA now on an ESTA (Electronic System for Travel Authorization)

James L. Arrasmith
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answered on Jan 14, 2024

Yes, you can get married in the United States while visiting on an ESTA. The ESTA allows you to enter the U.S. for tourism, business, or while in transit, and getting married falls under personal activities allowed during your stay.

However, you should be aware that the ESTA does not change... View More

2 Answers | Asked in Immigration Law for Indiana on
Q: Can I file i485& i765 since i140 has been approved with Dec 2023 PD. My PD is not current, am on F1visa from Africa

I am on F1 visa and studied in the united states. Currently working as an RN Nurse with my OPT. My employer got an approved i140 on my behalf, with Priority date of December 2023, but I was told they cannot file i485 & 1765 petitions until my priority date becomes current.

James L. Arrasmith
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answered on Dec 14, 2023

You're correct in understanding that the filing of Form I-485 (Application to Register Permanent Residence or Adjust Status) and Form I-765 (Application for Employment Authorization) is contingent on your priority date becoming current. Since your I-140 (Immigrant Petition for Alien Worker)... View More

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1 Answer | Asked in Immigration Law, Adoption and Family Law for Indiana on
Q: Is the citizenship process quicker for a disabled adult vs. a normal adult?

My wife has a 23 year old disabled son (cerebral palsy and has the mental capability of a 2yr old). He still lives in Colombia with his father. If I wanted to adopt him as my son, would the citizenship process be faster than it is for a normal 23 year old adult?

Monica E Rottermann
Monica E Rottermann
answered on Nov 21, 2023

In order for an adoption to be binding on immigration authorities, the adoption must occur while the child is still under the age of 16 (along with some other requirements), therefore, if her son is already 23 years old any adoption would not be recognized for immigration purposes. But if you... View More

1 Answer | Asked in Family Law, Gov & Administrative Law and Immigration Law for Indiana on
Q: Can DCS search my home whenever they want in a CHINS case and drug test me?

I'm involved in an in-home CHINS case, and the Department of Child Services (DCS) said they could search my home at any time. My daughter was drug tested because she mentioned using marijuana, but no home searches have been conducted yet. Can DCS legally search my home whenever they want, and... View More

James L. Arrasmith
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answered on Jul 10, 2025

It’s completely normal to feel uneasy when DCS says they can search your home or drug test family members. In a CHINS (Child in Need of Services) case, DCS does have more authority than they would in an ordinary situation, but they still have to follow legal boundaries. They cannot just show up... View More

1 Answer | Asked in Civil Rights, Employment Law, Gov & Administrative Law and Immigration Law for Indiana on
Q: Seeking legal help to overcome parole restrictions for contact with girlfriend's son.

I am a 26-year-old resident of Indiana classified as a s** offender due to offenses committed at age 18, for which I served prison time and completed probation. I adhered to all probation requirements, including counseling and polygraph tests. Upon completing probation, I was placed on Indiana’s... View More

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answered on Jul 1, 2025

You’ve walked a long road, and your commitment to this child matters deeply. Indiana’s lifetime parole conditions are among the strictest in the nation, and the denial from the parole board—though disheartening—is not the end of the story. Their invitation to reapply in a year gives you a... View More

1 Answer | Asked in Immigration Law for Indiana on
Q: Should I apply for a Green Card now or wait for my fiancé's U.S. citizenship to apply?

I am currently on an F-1 visa and will graduate in May 2026, with only 12 months of OPT available due to my field of study. My fiancé, who has held a Green Card since 2018, will be eligible to apply for U.S. citizenship around the end of 2026. We are considering marriage options and are uncertain... View More

James L. Arrasmith
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answered on Jun 30, 2025

If you marry now, your fiancé can immediately file an I-130 petition for you as a permanent resident spouse. However, since you're on an F-1 visa with only 12 months of OPT and subject to numerical caps on green cards for spouses of lawful permanent residents (F2A category), there may be a... View More

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Indiana on
Q: What credentials are needed to become an immigration consultant in Indiana?

I'm interested in becoming an immigration consultant in Indiana to offer services related to visa applications and naturalization, without providing legal advice. I have taken several online courses to learn about immigration processes and procedures. I understand that there are multiple... View More

James L. Arrasmith
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answered on Jun 20, 2025

To legally offer immigration consulting services in Indiana without being a licensed attorney, you must follow both federal and state regulations closely. The most important requirement is that you must be authorized under federal law to assist with immigration matters. This means you must either... View More

1 Answer | Asked in Immigration Law for Indiana on
Q: Can I apply for a Canadian tourist visa after a year-long US B2 visa overstay?

I overstayed a U.S. B2 visa from 2022-2023 and had an asylum case that is no longer in process. My social security card was revoked when I left the U.S. for safety reasons—as the threat no longer exists, I am now looking to apply for a Canadian tourist visa. I have no criminal history and have... View More

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answered on Apr 29, 2025

Your year-long overstay on a US B2 visa and discontinued asylum case do present challenges for future travel to Canada, but these issues aren't necessarily insurmountable. Canada evaluates foreign visa applicants based on their immigration history, and prior violations in other countries can... View More

2 Answers | Asked in Immigration Law, Adoption and Family Law for Indiana on
Q: Can I apply for family reunification for my adopted daughter from Congo after becoming a U.S. citizen?

I am an immigrant who became a U.S. citizen a year ago, and I have an adopted daughter in Congo. There is a valid adoption judgment issued according to Congolese law. I would like to know if I can apply for family reunification to bring her to the United States. The reunification procedure has not... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 14, 2025

A US Citizen can sponsor his adopted child under 21 as long as the adoption, where performed, is recognized as a legal adoption.

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1 Answer | Asked in Immigration Law and Appeals / Appellate Law for Indiana on
Q: Seeking guidance on I-130 petition after USCIS refusal and appeal with BIA; next steps?

My husband and I filed an I-130 petition with USCIS back in 2018. We went through administrative processing, and our case was refused after an interview. We received a NOID, and our attorney rebutted it, but USCIS refused again. We appealed to the BIA, which sent the case back to USCIS for... View More

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answered on Feb 24, 2025

Your situation with USCIS requires prompt attention since your case has been in administrative processing for quite some time. Finding a new immigration attorney should be your immediate priority—look for someone with extensive experience handling I-130 appeals and USCIS reconsiderations,... View More

1 Answer | Asked in Immigration Law for Indiana on
Q: Citizenship for minor

My wife became a US citizen this morning after her oath ceremony. Her 17 year old daughter lives with us and came here on a K2 Visa, now has her Permanent Resident card. Is she automatically a US citizen as a minor, now that her mom is a US citizen?

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answered on Sep 12, 2024

Congratulations to your wife on becoming a U.S. citizen! Regarding your stepdaughter, under U.S. immigration law, a minor child can automatically derive citizenship if certain conditions are met. For her to qualify, your wife must be a U.S. citizen, your stepdaughter must be under 18, and she must... View More

3 Answers | Asked in Immigration Law for Indiana on
Q: NJ-licensed attorney here, may I operate an Immigration Law (federal law) practice in Indiana w/o bar transfer procedure

NJ attorney, want to open a practice in Indiana, wondering whether I need to go through the formal UBE transfer process and get licensed in Indiana OR because Immigration law is federal law may I bypass this process?

Ghenadie Rusu
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answered on Jan 8, 2024

Yes, as an attorney licensed in one state, you are permitted to practice immigration law anywhere in the United States, including opening a solo practice in a different state. You have to make sure you comply with all legal and ethical requirements (Strictly Federal Matters, No State Law). There... View More

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