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New York Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for New York on
Q: I am applying for citizenship. My question is with question "Have you EVER lied to any U.S. Government officials etc.

I did lie to officers in my birth country 2013, which is 10 years ago, to get a visa to get into america.

I am now married and nothing else like this has happened.

Since it's over 5 years ago, will this effect my application?

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Dec 5, 2022

You need to hire legal counsel. It would be the best to do a FOIA requesting a copy of all your documents and then file the citizenship. A lied could to US officials can have serious immigration consequences.

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1 Answer | Asked in Immigration Law for New York on
Q: I’m a Green Card holder and I’d like to know if I can get in trouble coming back to the US after being abroad.

I’ve been a LPR (10 year green card) since Dec 2020. In 2022 I’ve been out of the country for 164 days as of now (multiple entries from Brazil - my home country). I just got back last week, so technically I’d still have 14 days left for this year, totaling 179 days abroad for the current... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 2, 2022

There is no set period of time abroad that will trigger abandonment, but LPRs are treated as seeking re-admission if they have been absent from the United States for a continuous period of longer than 180 days. INA § 101(a)(13)(C)(ii). Continuous absence of more than 180 may trigger scrutiny, but... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: Greetings! I’d like to know if I can get in trouble for going out of the country being a LPR.

I’ve been a LPR (10 year green card) since Dec 2020. In 2022 I’ve been out of the country for 164 days as of now (multiple entries from Brazil - my home country). I just got back last week, so technically I’d still have 14 days left for this year, totaling 179 days abroad for the current... Read more »

Agnes Jury
Agnes Jury
answered on Dec 2, 2022

It is impossible to tell if you will be permitted to return in January after a short visit to Brazil because it is up to the officer at the Border whether to let you in AND for how long REGARDLESS of the "180 day clock" (reset or not). Each time you cross the border on an non-immigrant... Read more »

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1 Answer | Asked in Immigration Law and Business Law for New York on
Q: I am currently in OPT and I want to start a business. I read that I can start an LLC and hire an American.

How does that work? Can I be the sole owner of the LLC? When registering an LLC, I noticed that there is an requirement to add LLC Manager. Can I be the LLC Manager while on OPT? Or would that be a violation of visa status?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 29, 2022

This issue is a little complicated. In general you either need to have work authorization to open a business in the United States, for example, through an E2 investor visa, or you need to partner with a person with work authorization or a LPR or US citizen and basically delegate all day to day... Read more »

1 Answer | Asked in Business Formation and Immigration Law for New York on
Q: Can I start a business, register to E-Verify and work on a side startup while maintaining my full-time job on STEM OPT?

Hi, I'm a current Post Completion OPT employee and am in the process of applying for my STEM OPT extension. My OPT and STEM OPT extension are based on my full-time employment in the US.

My question is: Can I start a business of my own, register to E-Verify and work on a side start-up... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Nov 18, 2022

E-Verify is for Established US Employers. You OPT only allows you work for a US employer. This could be interpreted as working without authorizarion. You should get legal counsel first.

1 Answer | Asked in Immigration Law for New York on
Q: Hello, Can a gay G4 visa holder (non decision) from a LGBT-persecuting country apply for a Green Card.

I am a current LGBT G4 holder working for an International Organization (non-decision-making role) and from a country where LGBTQ people are persecuted. Instead of the asylum route can I apply for a Green card under the Section 13 (Diplomat) route?

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Nov 18, 2022

There is a provision of immigration law that allows certain long-term international organization employees and their eligible family members to apply for special immigrant status and become permanent residents of the U.S. (get a Green Card) as long as their organization remains recognized.

1 Answer | Asked in Immigration Law for New York on
Q: “your legal representative is no longer representing you on this case. as USCIS will now communicate only with me” mean.
Tim Akpinar
Tim Akpinar
answered on Oct 16, 2022

This looks like something that an immigration attorney might have more insight into than a social security attorney, which was the posted category. But your question remains open for two weeks. It appears involve a substitution of representative/counsel on a matter with U.S. Citizenship and... Read more »

2 Answers | Asked in Immigration Law and Personal Injury for New York on
Q: Can I Get a green card after i got electric shock in a mall whit my son...

I was in the mall with my son when I saw one of those moving toy cars for children .. I put my son in and while I was going to put money in I got a strong electric shock in my leg and a strong shock .. luckily my son is well .. but i am having leg and hand problems losing my job as a chef .. there... Read more »

Adan Vega
Adan Vega
answered on Oct 14, 2022

I am so sorry that you and your son were involved in an accident at the mall.

The incident that you have described, however, is not an event that can be classified as a crime that qualifies you for the U visa.

You can visit with a qualified and experienced immigration attorney...
Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: I plan on marrying my girlfriend who is a Kenyan citizen. I was curious on what the process for immigration would be?

We have been together over a year and I will be visiting again in November/December which I will be proposing to her. So I was hoping to get some information on how the immigration process would be to have her eventually be with me in the US.

Stephen Arnold Black
Stephen Arnold Black
answered on Oct 12, 2022

A US Citizen can sponsor a foreign national fiancé for a K visa provided they both physically have met within 2 years of filing the application. After she enters on the fiancé visa, you must marry her within 90 days, and then she can adjust status to get her green card. The whole process may take... Read more »

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2 Answers | Asked in Immigration Law, Employment Law, Appeals / Appellate Law and Education Law for New York on
Q: Question about working and visa status

I’m remaining in F1 status (student visa-nonimmigration), I have far- relative lives in New York, he is owning a restaurant. I live with him and his family. I volunteer to help him with his restaurant during my free time just about 2-3 hours per week. No income received, no salary, no tips, no... Read more »

Moses Apsan
Moses Apsan
answered on Sep 21, 2022

If you are merely helping out without pay the I would not consider it employment.

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1 Answer | Asked in Immigration Law for New York on
Q: Does by wife also need to file an I-864A as well?

My mother is sponsoring my younger brother and will be completing the I-864 although she is currently unemployed. I will be filing an I-864A since both my mother and younger brother will be living with me at my residence. I make enough money to cover the required threshold. My question is, since... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Aug 24, 2022

No, as long as your income on its own without including your wife's income, meets the poverty guidelines she does not need to sign the I-864A. But you should still submit both of your W2s, so USCIS can see where the other income declared on the 1040 came from.

1 Answer | Asked in Immigration Law for New York on
Q: How do you get copy of deportation and jail records?
Monica E Rottermann
Monica E Rottermann
answered on Aug 24, 2022

To get immigration records you need to file a Freedom of Information Act (FOIA) request, either with USCIS or with EOIR (immigration court) depending on what year the deportation occurred. For criminal records you can file an FBI criminal history request or each state has its own process for... Read more »

3 Answers | Asked in Immigration Law for New York on
Q: I Am an American Citizen, I would like for my Egyptian father to come to the United States and get their Citizenship

I am 21 years old. My Family is currently in Egypt.

Adan Vega
Adan Vega
answered on Aug 23, 2022

As a U.S. citizen over the age of 21, you can file the FORM I-130 with USCIS on behalf of your parent.

You must present evidence to USCIS of the requisite evidence of your familial relationship.

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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 for New York on
Q: What are the requirements to sponsor a person from out of the U.S.? (belize)

I want to sponsor a person from another country> however, I don't know what the US requirements are?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Go to the USCIS site at USCIS.gov. In the right top corner type: I-134 (Affidavit of support), after that scroll down to the line "instructions" where you may learn all requirements for that affidavit of support.

1 Answer | Asked in Immigration Law for New York on
Q: I am an American living abroad with non-American spouse. I have no job, but 13.5 K in the bank. How to get wife over?

We screwed up everything. We married in Ohio while she was on her tourist visa and applied for a green card. She left a month later because of work troubles and I went with her. We told our last lawyer to cancel the forms. I have not worked in 5 months, but she makes enough for both of us, (She is... Read more »

Carl Shusterman
Carl Shusterman
answered on Jul 27, 2022

You can sponsor your wife for a green card even though you are living abroad.

The process begins when the US citizen spouse submits a visa petition to the USCIS.

Once the I-130 is approved, the foreign-born spouse will receive a packet from the US National Visa Center (NVC). The...
Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Can I leave the US at the end of my degree and come back with an ESTA?

I need to wrap up some loose ends and I have a wedding to attend at the beginning of October, is it possible to go to Canada for a day (and finish my F-1 stay) and return immediately on an ESTA?

Samuil Buschkin
Samuil Buschkin
answered on Jul 24, 2022

You may most likely take a trip of fewer than 30 days to countries contiguous to the United States and reenter on an expired visa provided you have proper documentation and have not applied for a new visa during the visit. Canada would be such a contiguous country.

2 Answers | Asked in Immigration Law for New York on
Q: I need to bring my boyfriend from the dominican Republic to get married in the USA what I need to do thank you
Stephen Arnold Black
Stephen Arnold Black
answered on Jul 23, 2022

You can file a fiancé visa petition, and once approved he can enter the United States, but must marry within 90 days of arrival. After marriage, you can sponsor him for his green card through the adjustment of status process.

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1 Answer | Asked in Immigration Law for New York on
Q: How to correct an error in the Petition for Name Change?

Hello!

I need to correct a Petition for Name Change by adding a patronymic name in to the former name. Document is issued by the Department of Homeland Security. I was told that they had nothing to do with the name change, the case is closed, and I need to call to the court they work... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jul 14, 2022

You would need the court to issue you a name change, they cannot actually change the name on your certificate, but you first have to obtain a name change from the state court and then once you have the judge’s order legally changing your name you would then have to file Form N-565 with the... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: applying for citizenship how can i get a sample letter for failure to register for selective service
Monica E Rottermann
Monica E Rottermann
answered on Jul 11, 2022

Whether your failure to register could result in a denial of your application, will depend on your age at the time you file the N-400.

If you are over 31 when you file the N-400 then your failure to register will not have an impact on your eligibility to naturalize. If you are between 26...
Read more »

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