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Questions Answered by Alexander Ivakhnenko
1 Answer | Asked in Criminal Law for Illinois on
Q: Is it wise to secure the legal services of a criminal defense attorney before they are actually needed

I've been under persistent, but not constant, long term surveillance by the police. They seem to be monitoring my travel habits specifically. I'm not aware of being involved in any unlawful activity. It makes me nervous, i might be charged/arrested for something ( what i don't know)... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 21, 2022

It is very prudent to discuss your potential exposure to ANY prospective criminal charges BEFORE they appear with an experienced defense counsel in confidence without any delay. Here is why: your immediate personal conduct, statements and actions may play a critical part in either getting you... Read more »

3 Answers | Asked in Business Formation, Business Law, Immigration Law and Tax Law for Texas on
Q: I am Ukrainian citizen living in the USA as a student and I want to open an online business how should I pay taxes.

I am Ukrainian citizen living in the USA as a student waiting for my F-1 visa and TPS and I want to open an online business.

I want to open drop shipping business I have an Ukrainian card and I have a card in PNC bank that I just opened, but because I am minor it was opened on my host mom... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 20, 2022

Regardless of your immigration status, you must pay taxes.

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1 Answer | Asked in Civil Rights, Constitutional Law, Internet Law and Criminal Law for Illinois on
Q: what to do when police and media publish false statements to community of a person arrested for 1st degree murder

our small town corruption is all over this town the police are bias to me and my family to a point they do not help us and crimes commited against us are either flipped or completely ignored all together like a home invasion was committed at my home i had it on video and the police caught them in... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 31, 2022

Any criminal arrest may be discovered publicly. The charging decision lies with the prosecution after a felony review, based on the police investigation and other existing evidence.

1 Answer | Asked in Criminal Law for Illinois on
Q: do you go to jail of the arraignment date for a gun charge?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 31, 2022

No.

Arraignment is just a formal procedure to present criminal charges on the record in court requiring the defendant to verbally plea. (State on the record whether the defendant pleas guilty or not guilty, essentially).

Naturally, all other collateral aspects of the...
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2 Answers | Asked in Criminal Law for Illinois on
Q: what happens at an arraignment
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 31, 2022

Basically, formal reading of the criminal charges and their penalties, with a requirement for the defendant to plea (answer guilty or not guilty to the charges).

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1 Answer | Asked in Criminal Law for Illinois on
Q: Is it legal to pull some one over for an exposed licence plate light

Was pulled over for exposed licence plate light however working then searched and arrested for possession of less than 5 grams of meth can I fight the reason of being pulled over to make it an iligal search and seazure

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 30, 2022

The police has a legitimate probable cause to stop the vehicle with non compliant license plate. Furthermore, the police does not need a search warrant for a traffic stop search with a subsequently developed articulable reasonable suspicion or probable cause.

You may review your legal...
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1 Answer | Asked in Immigration Law on
Q: not enough Physical presence for the CRBA of my child. How can get my child a US passport and travel to the US? urgent

I became a US citizen through my father. He was a green card holder, went through the naturalization process, and became a US citizen (2002). Consequently, I became a US citizen as well when I was around 12 years old. (Circa 2004)

I never lived long-term in the USA just for a couple of... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 23, 2022

You pretty much made your own choices: you did establish a domicile in China, did not keep close ties to the US, and did not reside in the U.S. for the required five years to qualify the child to become a USC.

However, if you travel to the US as a USC and give birth to the baby girl here...
Read more »

1 Answer | Asked in Immigration Law and Family Law for Michigan on
Q: Married my husband in 2017 he is threatening to marry in his country when he goes for his next trip and is also threaten

Also threatening to leave me homeless he’s also waiting for immigration to approve his visa for citizenship

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 23, 2022

There are several legal issues that directly affect you in the areas of immigration and family law. In order to properly understand your legal strategy regarding your present spouse I recommend immediately consulting an experienced immigration attorney without any delay as you need to gather legal... Read more »

3 Answers | Asked in Immigration Law for Florida on
Q: Green Card Expired. What are my options?

My wife entered the US on a K1 visa. We were married shortly afterwards. She was granted a green card. We were unaware that the initial green card expires after 2 years. She's live with me in the US since 2013. We have a family. I'd like for her to be a permanent resident and be on the... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

The initial LPR card obtained as a result of adjusting a status based on a bona fide marriage of a US citizen states its term of validity on is front. Thus, by operation of law, her LPR status is deemed expired as its requirement to remove the condition was never filed within 90 days prior to its... Read more »

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1 Answer | Asked in Immigration Law for Georgia on
Q: I have an ATD Enrollment appointment. Should I apply for asylum (I-589) before the appointment?

I have not completed any documents and was released very quickly from a detention center. They said this appointment is to determine if I am eligible to apply for asylum but the document with the appointment does not specify this. The information on the document is very vague.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

You will benefit from immediately discussing your personal ability to seek asylum in the US with an experienced immigration attorney as that area of law is notoriously difficult for neophytes.

1 Answer | Asked in Immigration Law for California on
Q: Name change after marriage during Oath Ceremony. Should I change my name?

I am a permanent resident of the USA since 2016( this is not marriage based).

I am married in 2019 and I applied for US Citizenship in Jan 2022. 

Till now I have not changed my name, also while filling the N-400 I used my original name(the name before marriage). 

My... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

Up to you. During the interview you may elect to select any name you like.

1 Answer | Asked in Immigration Law for California on
Q: Middle name change after marriage, Should I do it?

I am a permanent resident of the USA since 2016(it's not a marriage-based green card).

I am married in 2019 and I applied for US Citizenship in Jan 2022. 

Till now I have not changed my middle name, also while filling the N-400 I used my original name(maiden name). ... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

During an N-400 interview you may legally change your first and last name to anything you like, however, take notice that you would need to ensure that all your prior legal documents are in conformance with your selected legal name.

1 Answer | Asked in Immigration Law on
Q: Skilled Worker Visa remote work

Dear,

Kindly, I am on a Skilled Worker Visa working for an employer in the UK. I would like to check if there are any restrictions on working remotely for my employer as a temporary basis from outside the UK.

Thank you

Best Regards,

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

It appears that you need to consult with the employer's immigration attorney vested with professional responsibility to handle your immigrant visa case directly.

1 Answer | Asked in Family Law, Immigration Law, Child Custody and Child Support for Washington on
Q: Wife keeping son in Philippines against my will, didn't let him return with me, can I stop her from taking son again?

When my wife (with a US green card) eventually returns with my son (Who is a US citizen) to America, can I prevent her from taking him back to the Philippines and keeping him there against my will again?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

In some cases a custodial parent has a primary decision making ability with respect to the minor's whereabouts.

For instance, if the second parent lost or never obtained an ability for shared parental responsibilities then one may not prevent a legally custodial parent from traveling...
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1 Answer | Asked in Immigration Law on
Q: I sent in my N400 application with my documents to USCIS, but tracking on the USPS website doesn’t show picked up

I sent my application to:USCIS

Attn: N-400

P.O. Box 4380

Chicago, IL 60680-4380

The problem is the status on USPS doesn’t show my package was picked up. I did do a signature confirmation but it doesn’t show that anyone signed for it either. It says delivered and... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

You may wait to receive a submission acceptance confirmation Notice of Action which you should receive in several weeks. Just remain patient.

1 Answer | Asked in Immigration Law for Ohio on
Q: Reentry to US after loss of greencard

If one loses his green card, is there a way to return to the U.S. with a copy of the green card or by paying a visa fee at the border?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

You need to contact the closest U.S. Consular Visa Section to verify your LPR status and issue you a travel permit to return to the United States and then file I-90 to replace the lost federal document.

1 Answer | Asked in Immigration Law for New York on
Q: Traveling to Canada with I-155 Stamp on the foreign passport while waiting for the initial US green card.

Good morning, I wanted to know if it is possible for someone waiting for their initial US green card to visit Canada from US with the I-155 stamp on their foreign passport. Do Canadian officers create problems? Thanks.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 16, 2022

You may return to the US with the I-551 stamp in a valid passport , yet it would be up to Canadian officials to admit you.

1 Answer | Asked in Immigration Law on
Q: What kind of immigrant visa to choose if you have no family in US, but do have friends?

Hello

We are family of 4, two babies aged 8 month and girl aged 3 years. My husband is 31 and I'm 24. We curently live in Croatia and own our own company here. Right now we are working on our plans to move to California. In San Jose, CA, we have alot of friends. They are ready to file... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 15, 2022

You may apply for a standard visitor’s visa B-2.

1 Answer | Asked in Immigration Law and International Law for Ohio on
Q: I’m a legal permanent resident with a green card(Iranian refugee), how do I travel internationally without a passport?

I have to wait a few more years before I can be naturalized, how can I travel outside of the USA for vacation purposes for a few days(NOT TO MY BIRTH COUNTRY) without a passport, since I can’t get an American passport or an Iranian passport?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 15, 2022

You need to apply for a travel document form I-131 which you could find at a governmental site uscis.gov

1 Answer | Asked in Immigration Law for Massachusetts on
Q: First MCH was in 2011. Then few individual hearings but didn't call. Now get again MCH this month after 11 years.

CR1 thr marriage. ,I 751 denied in 2011. Applied in court for judge to review. Letter of notice of master calendar hearing in removal proceedings.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 14, 2022

What is the reason you do not retain a local immigration counsel to review the I-751 denial and assess your removal case de novo?

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