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Questions Answered by Alexander Ivakhnenko
3 Answers | Asked in Immigration Law for New Jersey on
Q: I lost my i94 and passport in a house fire. My wife got her citizenship and wants to file for me. I want to prove entry

How do I prove lawful entry. I came here in 2005

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Apr 6, 2022

File a form I-102 that will show your lawful entry I-94 .

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1 Answer | Asked in Federal Crimes and Immigration Law on
Q: I have a US federal student loan in default. When visiting the US, will that cause issues at the border?

Ex green card holder living in Europe

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Apr 6, 2022

It might, depending on what stage your default collection is at. If there is a federal tax lien registered to the LPR tax payer returns, you may have some issues.

1 Answer | Asked in Family Law and Immigration Law on
Q: En México: ¿puedo solicitar un acta de concubinato ante cualquier juzgado?

Quisiera tener una constancia de concubinato para regularizarme migratoria. Mi pareja es mexicana y llevamos 5 años viviendo en el mismo lugar. Solo que en Puebla (Puebla) no está disponible este trámite, y pues es el lugar donde resido. ¿Puedo solicitar este certificado en un juzgado civil?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Mar 23, 2022

Вася, напиши по-русски, может кто поможет.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: My n400 got denied and I need some more advice

I applied for n400 about a year ago and got denied on grounds of not being in the same state with my husband. We were both in school then. Now graduated and living together happily and wanting to reapply again. Any advice will be great

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Mar 2, 2022

You may reapply for naturalization in the United States filing a new form N-400 but I strongly suggest you do not do it on your own and consult to fill out prepared the form and submit all the bona fide proofs of your current marriage with a licensed Immigration Attorney.

2 Answers | Asked in Divorce, Immigration Law and Tax Law for Kansas on
Q: Am I legally allowed to give up my green card in the middle of a divorce?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 28, 2022

Relinquishing one's Lawful Permanent Residency status in the United States is a very significant legal step and should be only completed after fully understanding all legal ramifications of that action. It would be prudent to consult with a reputable licensed immigration attorney as that... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Illinois on
Q: Police come to a hotel room in which there are guest, stating one of the guest has a warrant in another county, but no

Warrant was found, and no outside indication that the guest was even there. Room is searched, guest gets charged with everything in it despite the occupant being on probation and having an ankle monitor which was also a present violation as the person the occupant wasn't to be around was in... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 22, 2022

So you hope to dispose of that criminal case by way of a random online paragraph without any case review?

Will never happen.

Discuss your criminal exposure and a viable plan of action with a licensed and reputable criminal law attorney of your choice.

2 Answers | Asked in Family Law and Immigration Law for Pennsylvania on
Q: I am 20 years old and my parents are trying to block my polish passport, can they do that?

I am trying to make a trip and my parents will not let me, I am 20 years old and I issued my passport when I was still underage. Can they block my passport?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 22, 2022

No. After 18 you are legal adult and no one parent has any right to cancel your passport. If they persist call the police, as they have no right to conceal a legal US Passport from its holder for any reason, or go ahead and apply for a new one.

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1 Answer | Asked in Immigration Law for Kentucky on
Q: I’ve been ruled as deported under my parents fraudulent asylum application. wondering if I could file for my own asylum?

Been in the us since I was 3, parents are deported and I tried for Daca but not enough info. Been in us for 21 years and I know nothing of the country that they want to deport me back to.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 22, 2022

Why did it occur to you to ask these questions now, after the removal proceedings, when you should have asked them when you needed to adjust several years ago?

1 Answer | Asked in Immigration Law for Florida on
Q: Interfile to EB2 or wait in EB3?

I am from India I have a priority date of EB2 Nov 29th 2011. I downgraded and filed my Concurrent AOS application ( I485+ I140) in August 2021 in EB3 category. My I140 in EB3 was approved in October of 2021. My application was in Texas Service Center and Texas service center is very slow and... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 21, 2022

You have an investment visa, that means that you have to create and submit legitimate sufficient financial means or funds to qualify for such. Any of such investment Visa require a licensed attorney to submit review and file everything correctly. You would be in the best position to seek an... Read more »

2 Answers | Asked in Immigration Law for Alabama on
Q: I didn't use my married name when I applied for my adjustment of status is it too late to add it before I get greencard
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 20, 2022

You will be able to amend your submission at the interview, however, take notice that any omission or discrepancies may raise certain rebuttable presumptions that may complicate your final state of the application.

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1 Answer | Asked in Family Law and Immigration Law for Connecticut on
Q: I was wondering can someone legally keep my citizenship documents and refuse to give it to me?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 18, 2022

It depends.

If there is a pending criminal case the judge may order a defendant to surrender one's passport. Secondly, a minor under 18 may not request one's passport for any reason from one's custodial parents or legal guardians.

If someone crosses the border and...
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1 Answer | Asked in Criminal Law and Immigration Law for Oklahoma on
Q: Would i be qualified for the dignity act bill if it passed? i have a misdemeanor of illegal possession of vapor product

i was 15 when i got the charge and i am now 18. the requirement says, “They must comply with all federal and state laws, pass a criminal background check” would i fail the criminal background check or does that only apply to felonies?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 17, 2022

If you have a personal criminal record it will show during any state or federal criminal background check. Look into a possibility of expunging it under the state law if legally applicable with a local licensed attorney.

1 Answer | Asked in Criminal Law for Illinois on
Q: Who should I contact that is responsible for the officers in their jail and can actually get something done immediately?

My son is in a local jail, last Thursday February 10th he was beaten by five officers for a substantial amount of time he was beating about the face and head numerous times. He was denied Medical Care until the 5th day and then they allowed him to get X-rays, however, they will not release his... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 16, 2022

You should have retained an experienced criminal defense attorney first day he was criminally charged. If you are indigent he should have requested a Public Defender counsel at no charge first time he was in front of the presiding judge.

2 Answers | Asked in Immigration Law for Wisconsin on
Q: Can i subpoena my ex wife to testify on Immigration Court?

Upon a denial for removal of conditions after a divorce, once I am put on removal proceedings can i subpoena my ex wife to testify on Immigration Court ?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 15, 2022

The removal proceedings in the U.S. Immigration Court are administrative proceedings by nature, thus, in my opinion you cannot legally compel anyone by a subpoena to testify on the qualifying marriage validity as it is not a criminal case.

However, there are other legal alternatives to...
Read more »

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1 Answer | Asked in Immigration Law on
Q: Just wondering if a lawyer calls you and has bad news, he would tell you over the phone right?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 15, 2022

It depends.

An attorney represents a client and has a standing obligation to advise one of any case developments, procedural updates and such.

However, an attorney representing a party may prefer to discuss the case in person or by a written exchange for a nu ben of confidential...
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3 Answers | Asked in Immigration Law for Maryland on
Q: My US wife abandoned our house with our kids. expecting appointment to remove my conditional residency. she might not go

My wife and I dated back home, and she moved to the US. We later got married, and I joined her in the US in 2018. We have two daughters together. Marriage has been a lot of arguments. Threw me out some times, but I refused to leave. She left house with the baby and wants a divorce. She even left me... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 10, 2022

Your situation is dire and requires an immediate legal consultation confidentially with an experienced immigration attorney of your choice without any delay.

One remote paragraph without your participation will not suffice.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Can a police detective question his own son as related to a criminal case in Illinois?

The detective questioned his son in regard to a case he may or may not had information regarding.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 2, 2022

The rule of initial engagement with any law enforcement officer or detective during any investigation stage must be the same: one should never discuss anything that may potentially incriminate or implicate that person with anyone without a licensed criminal defense attorney present. Never.... Read more »

1 Answer | Asked in Immigration Law for California on
Q: How can I get H1B stamp in my passport if I'm not allowed to go back to my country due to a pending asylum process?

stamp in my passport, the Change of status was approved (From an F-1 visa) and everything looks good. I'm also waiting for a decision on my Asylum application (immigrant visa). Waiting for the last interview.

The company that I work for requires some international travel and there is... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 26, 2022

Leaving the United States with a pending asylum status will place that pending case in jeopardy. Also, even with an H1B visa the pending asylum case will trigger a dual immigrant intent. A foreign travel is not recommended.

1 Answer | Asked in Immigration Law for New York on
Q: Can I travel to Canada with a green card extension letter and expired passport?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 24, 2022

Get your passport renewed at your consulate general and then travel.

2 Answers | Asked in Immigration Law and Traffic Tickets for California on
Q: I am a New Jersey resident, on H1B visa. I got a speeding ticket of 118mph on California free way.

What are the consequences. Is that a criminal offense is that gonna appear on criminal and background checks.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 24, 2022

1. Speeding over a certain milage is a quasi-criminal state misdemeanor offense,

2. That speeding citation will appear on one's driver's license background,

3. Also, if that traffic citation resulted in a brief traffic arrest, processing and release on a bond that arrest...
Read more »

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