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Questions Answered by Gunda Yohanna Brost
3 Answers | Asked in Divorce, Family Law and Immigration Law for New Jersey on
Q: Mother-in-law disrupts my life by living in my condo for more than 6 months at a clip after being away briefly.

In 2015 my wife submitted an affidavit of support for her mother but due to her low income, I had to give her a supporting affidavit of support. In 2016 my mother-in-law came to the US. Ever since she has been here, she has created a lot of rift between me and my wife.

She lives for more... View More

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Apr 23, 2023

Legally you may have the right to keep her out of your home but obviously this will create issues with your wife who really should be on board with you and help protect you from her abuse. Nobody deserves to be mistreated. Perhaps you can find an apartment of your own while she’s in town and tell... View More

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3 Answers | Asked in Immigration Law for Tennessee on
Q: Is it legal to rent to illegal immigrants in Nashville tn.I know they tried to ban it once.

An can a landlord refuse them without any backlash legally?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Apr 12, 2023

No person is illegal, their actions may be or have been. In the case of so-called "illegal immigrants," this action may be a one-time decision decades ago by someone in their family to cross a border, often bringing someone with them as a child when that child had no control over this. By... View More

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2 Answers | Asked in Immigration Law and Family Law on
Q: Can I do court marriage with my already married girlfriend

Me and my girlfriend are know each other from 5 years and when we told our parents about our relationship than my gf's parents force my gf for marriage with other man so me and my girlfriend want to live together!

Can we live together even she is already married

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 10, 2023

Marrying someone already married would be bigamy and the marriage would be deemed invalid at inception. Now nobody can forbid the two of you to live together in this country if that’s what you both want to do. It may be simplest for her to file a divorce. Somehow her opinion on these marriages is... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: My cousin is at Broward detention center. He doesnt have papers, and he has his first hearing this coming Monday 13th.

He doesnt have a lawyer ( I learn from another question in your website, that he doesn't have the right for a free one), but I wonder if in that first hearing he should have one already, or he can ask the Judge for more time to get one? Im not sure what that first hearing is for. He came to... View More

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 8, 2023

You should definitely get him a skilled immigration lawyer. You can see if any non profits in your area do removal work but you will likely have to take out a loan or something to pay a private one as most non profits are over capacity and/or don’t handle removal work. If this is his first master... View More

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2 Answers | Asked in Immigration Law for North Carolina on
Q: Can one apply for humanitarian parole with (form I-134) without putting at risk an in-process I-129F?

I summited an I-129F visa application for my fiancee over a year ago. She is from Nicaragua. Currently, there is a new humanitarian parole law, passed on January 6th, 2023, that allows people from Nicaragua to apply to come to the United States for up to two years. It is our understanding that it... View More

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 6, 2023

According to the program description in the federal register, parole for Nicaraguans will not impact a person’s eligibility’s for other immigration benefits. I would always recommend you work with a skilled immigration lawyer.... View More

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2 Answers | Asked in Immigration Law for California on
Q: Is it possible to have the green card process expedited? My family has been separated for a long time.

We've been waiting for 10 months. My family has been separated. It is a huge financial burden having to pay rent and other expenses both in the US and in Korea.

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 6, 2023

It is unclear from

What you’ve shared why you are paying additional expenses in two countries as part of the green card process. Green card processing usually takes an average of about a year so your case falls within normal processing times and therefore without an emergency probably...
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2 Answers | Asked in Immigration Law for California on
Q: Can I request my dad's personal files from his immigration attorney if he is deceased and I am his estate administrator?

My father had been preparing to go in front of an immigration judge to hopefully gain the lawful right to stay in this country; he had been working with a lawyer for years. He passed away before his court hearing. I was wondering if requesting his files for the lawyer is possible or if that is a... View More

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 5, 2023

The lawyer has a duty to provide the file to the client. If the client has passed away that duty would usually extend to the clients predecessor such as someone with power of attorney on their behalf. Alternatively you can file a freedom of information request to obtain some of the documents.

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2 Answers | Asked in International Law and Immigration Law for Florida on
Q: Do consular officers have discretion to not require an inadmissibility waiver, where it was thought to be necessary?
Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 4, 2023

Consular officers have discretion over discretionary issued but inadmissibility is not a discretionary issue and the consular officer is tasked with doing his or her job of enforcing the laws and regulations governing admissibility. That being said the issue is a complex one. For instance consular... View More

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2 Answers | Asked in Immigration Law for Iowa on
Q: Can I apply for my citizenship right after I get off probation ? Charges marijuana first offense and theft 5th degree ?

I used my deferral judgment to get does charges off my background

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 3, 2023

Unfortunately deferments do not count for immigration law. The officer conducting the naturalization interview would look at your moral character particularly in the 5 year period directly preceding your naturalization application. So, if you have any criminal history during that period, it will be... View More

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: What are the requirements to sponsor my wife for her green card, work permit or citizenship, are they different?

Is the 1st requirement, that prior to any application you be married for 3 years?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Jun 5, 2023

It depends on where she is and how she came

To the US if she’s here. Please hire an immigration lawyer.

1 Answer | Asked in Immigration Law for Michigan on
Q: I’m not a US citizen but I moved here when I was two if my parents lose custody of me would I get deported?

I’m 14 years old, I’m on my parents, work visa, they are mentally abusive, and have previously been physically abusive

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on May 31, 2023

Please speak to an immigration lawyer. There may be pro bono agencies in your area. You may have options for a victim or special

Immigrant visa

1 Answer | Asked in Immigration Law for Washington on
Q: Marry on ESTA

Hello, I'm a german citizen who visited her boyfriend in the US without the intention of getting married. Now we decided that we want to get married and are confused with the laws. I also don't want to go back to Germany and want to stay here and we want to start the green card process on... View More

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on May 30, 2023

Das sollten Sie am besten direkt mit einem Rechtsanwalt besprechen.

1 Answer | Asked in Immigration Law for Ohio on
Q: Company who has struggled finding workers to fill our installer positions. What are the options for hiring foreigners ?

I am an office manager for a door/window/motorized patio screens company. My boss has paid a good deal of money trying to hire employees. Some accept the job, then don’t show up. Others just quit a day or so after starting, I could go on and on. There’s no shortage of business here and we’re... View More

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on May 27, 2023

Sadly our immigration system makes it very cumbersome for US employers to be able to hire foreign workers. There are temporary work visas such as a TN or H2. Permanent work visas would be H1B or EB visas. Any of these are very complicated so you should hire an experienced immigration lawyer to... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Divorce and Immigration Law for Tennessee on
Q: Hello, if the husband discovered after his marriage that his wife deceived him and the law to come to America under the

America under the pretext of marrying him and divorcing five months after her arrival, what is the difference in the law or legislation in this matter?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on May 26, 2023

Please finish your question since it got cut off

3 Answers | Asked in Immigration Law for Massachusetts on
Q: what are the requirements to sponsor my wife, for her eventual citizenship? is is different for her children?

what are the sponsors financial requirements, is there another option besides tax returns to provide income documentation?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on May 23, 2023

She doesn’t need a sponsor to become a citizen. Please work with an immigration attorney.

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1 Answer | Asked in Immigration Law for Minnesota on
Q: Trying to figure out a way to meet so we can apply for a k1 visa or to be together.

my girlfriend lives in the Philippines and I'm trying to figure out how we can meet. I've read that they will deny a B2 visa "to meet a boyfriend". what are our options? I can't get a passport so my going over there to meet her isn't possible... the plan was for her to... View More

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on May 23, 2023

It would be best to have an immigration attorney assist you directly with this. Proxy marriages in Utah may work for this purpose.

1 Answer | Asked in Immigration Law for California on
Q: Married to a green card spouse, filed i130 and i485 concurrently, do I need to maintain F1 visa to stay in status?

I am on F1 visa married to a Green Card holder. We concurrently filed i130 and i485 in Jan 2023, when priorty date was current. Biometrics also done. My F1 visa will expire next month (in June 2023). I have two questions :

1. I know for spouse of US Citizen overstay can be forgiven but I... View More

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on May 16, 2023

You need to remain in legal status at all times until the visa is current

4 Answers | Asked in Immigration Law for New Jersey on
Q: Do I qualify for a i601a waiver?

I have been having daca since I was 17 yrs old. Married to USC and have an approved i-130. I am planning to file a i601a waiver because I dont want to file an adjustment of status. I believe advanced parole is too risky if they don’t let me back in the country. But the question is…I haven’t... View More

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on May 5, 2023

Honestly, you should take your query directly to an experienced immigration attorney for thorough analysis and advice. Adjustment of status is generally a much smoother way to get a green card than the waiver and consular processing.

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3 Answers | Asked in Immigration Law for New Jersey on
Q: Can I apply for a 601A Waiver if I don’t want to take the risk of applying for adjustment of status?

I currently have daca and have been having it since before I turned 18. I am currently married to a US Citizen and have an approved 1-130. I do not want to take the risk of applying for advanced parole and then filing i-485. I would like to apply for the i601 a waiver.

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on May 4, 2023

That doesn’t make sense as going outside the country Carrie’s more risk than staying within.

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3 Answers | Asked in Immigration Law on
Q: Re-entry to the United States with a long expired Green Card.

It has been 9 years since my green card expired. I've been living outside the US during that time. What are my options to re-enter the US with the least amount of hassles?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on May 4, 2023

Unfortunately after such a long time the green card will likely be considered a abandoned by operation of law.

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