John Akwuba

Attorney John Akwuba has been practicing immigration law in the St. Paul-Minneapolis area for over 25 years. He received his Juris Doctor degree from William Mitchell Law School and has dedicated his career to helping individuals and families navigate the often complex and confusing immigration system in the United States.
John has a passion for immigration law and has a reputation for being knowledgeable, compassionate, and dedicated to fighting for the rights of his clients. He has represented clients in a wide range of immigration matters, including family-based immigration, employment-based immigration, deportation defense, and asylum cases.
In addition to his work as an immigration lawyer, Attorney Akwuba is an active member of the local immigrant community, frequently volunteering his time and resources to assist those in need. He is fluent in English and a little Spanish and can help clients from diverse cultural backgrounds.
Attorney Akwuba is a member of the Minnesota State Bar Association - Immigration Section and the Ramsey County Bar Association. He is dedicated to staying up-to-date on the latest developments in immigration law and is committed to providing top-quality legal representation to all his clients.

• Expungement of Records

• Free Consultation
  Consultations are typically conducted over the phone or through video conference. Consultations are limited to general information about the immigration process and do not constitute legal advice. Consultations do not create an attorney-client relationship. If you choose to retain our firm after the consultation, we will provide you with a representation agreement outlining the scope of our services and fees. Consultation fees, if any, will be discussed and agreed upon prior to the consultation. Please be prepared to provide some basic information about your immigration matter during the consultation. To schedule a consultation, please contact us via phone or email.
• Contingent Fees
  Our firm charges a third of any recovery made on behalf of the client. No fees are charged if no recoveries are made on behalf of clients.

Minnesota

Minnesota Supreme Court

Since 1997

8th Circuit

Attorney

Akwuba Law Firm

1998 - Current

Judicial Clerk to the Honorable Harry Seymour Crump

Hennepin County District Court

1996 - 1998

Law Clerk

Minneapolis City Attorneys Office

1994 - 1996

Mitchell Hamline School of Law

J.D. | Law

1996

Certificate of Appreciation

Minneapolis City Attorney's Office

1997

Certificate of appreciation in grateful recognition of my dedicated service.

Minnesota State Bar Association - Immigration Law section

Member

Current

Hennepin County Bar Association

Member

Current

Ramsey County Bar Association

Member

Current

Q. I have a pending asylum case and a pending TPS case. Can I till apply for H1-B or EB - 2 NIW .

September 25, 2024

A: Yes, it is possible to apply for an H-1B visa or an EB-2 National Interest Waiver (NIW) while having a pending asylum case or Temporary Protected Status (TPS). However, there are important considerations to bear in mind:

1. H-1B Visa:

• Maintaining Status: In order to apply for an H-1B visa, you generally need to be in valid immigration status. If your asylum case is pending and you are not in another valid non-immigrant status (e.g., F-1, J-1), it could be challenging. If you have TPS, this can provide lawful status, but you would still need to go through the H-1B lottery process and meet other eligibility criteria.

• Change of Status vs. Consular Processing: If you're already in the U.S., you would typically apply for a change of status to H-1B. If you're not eligible for a change of status (for example, because you've overstayed or are out of status), you may need to apply for an H-1B through consular processing at a U.S. embassy abroad, which could be risky depending on your current situation.

2. EB-2 National Interest Waiver (NIW):

• Adjustment of Status: You can apply for EB-2 NIW regardless of pending asylum or TPS, but if you are in the U.S. and out of status (e.g., if your legal stay expired while awaiting asylum), it might complicate your ability to adjust status from within the U.S. without leaving the country.

• 245(i) Eligibility: If you’re ineligible to adjust status due to being out of status, you may be eligible under section 245(i) of the Immigration and Nationality Act (INA) if you have a qualifying petition filed before April 30, 2001.

• Dual Intent: Unlike some other visas, both the H-1B and EB-2 NIW allow for “dual intent,” meaning you can apply for permanent residency while in the U.S. under these visas.

Key Considerations:

• Work Authorization: If your asylum application is pending, you may be eligible for a work permit (EAD), which can allow you to work while your asylum case is processed. TPS also allows for work authorization.

• Departure Risks: Leaving the U.S. while your asylum case is pending or without proper advance parole could result in the asylum case being deemed abandoned or create difficulties reentering the country. ... Read More