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New York Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for New York on
Q: If my greencard was issued in Jan 2019 but I didn't fly to America until Sep 2019, when can I take the citizenship test?

Does this count as more than 6 months abroad?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 28, 2023

You’ll need to meet the physical presence and continuous residence requirements in order to be eligible for naturalization. To be certain you should consult directly with a reputable immigration attorney who can analyze the impact of your time abroad.

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3 Answers | Asked in Immigration Law for New York on
Q: out of status on F1 visa for more than 6 months around 6 years ago and currently have a advance parole want to travel?

I want to travel outside USA on valid advance parole with EAD but stayed in USA on out of status on F1 visa in year 2016 for more than 6 months. Is there a problem for re enter in the USA?

Kevin L Dixler
Kevin L Dixler
answered on Mar 21, 2023

More information is needed. Are you in removal proceedings? Have you been given a notice to appear? How do you qualify for advanced parole? Are you an overstay in that you have been denied an extension or change of status? Have you engaged in unlawful employment? Are you married to a U.S.... Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: I-751 pending and N-400 interview is coming up

Thank you!

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 19, 2023

If you have a pending I-751 and an upcoming N-400 interview, it's important to bring documentation related to your I-751 petition to the interview. This includes any USCIS notices or receipts related to your I-751, as well as any supporting documentation you submitted with your I-751 petition.... Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: Immigrant visa stamp, is it valid to travel outside the United States with the green card itself

Without the green card.

Monica E Rottermann
Monica E Rottermann
answered on Mar 17, 2023

Once stamped, the immigrant visa is valid for one year and as long as you are still in that one-year period, then you can travel on it. There is a notation on the visa itself that states: Upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year.

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1 Answer | Asked in Adoption, Family Law and Immigration Law for New York on
Q: Hi so I wanted to know what is form 6-2 of guardianship in new york staten island to be precise. And what is the process
James L. Arrasmith
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answered on Mar 2, 2023

Form 6-2 is the Petition for Appointment of Guardian for a Minor. In New York State, this form is used to initiate a legal proceeding to have a guardian appointed for a child who is under the age of 18 and not emancipated.

The process for filing a petition for guardianship varies depending...
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1 Answer | Asked in Immigration Law for New York on
Q: I am a resident of Canada working as an independent contractor for a large US company. I have been offered a permanent

position if I move to NY. I do not have a 4 year degree but have a 2 year plus years of experience for my position in graphic design. Which, if any program (work visa) do I qualify for?

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 2, 2023

As a Canadian citizen, you may be eligible to apply for a nonimmigrant work visa to work in the United States for a temporary period of time. The specific work visa program that you may qualify for depends on your job duties, your employer, and the duration of your employment.

One option is...
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1 Answer | Asked in Immigration Law for New York on
Q: Is it safe to travel outside US with travel document (I-131) ?

I am married to a US citizen and applied for green card . I received my EAD and travel document. I also have a pending asylum case that is open. My best friend is getting married in Portugal and my brother in law is also getting married in Mexico this year which I really want to attend. I still... Read more »

James L. Arrasmith
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answered on Feb 28, 2023

It is generally safe to travel outside the United States with a valid travel document (I-131) if you have pending immigration applications, such as a pending adjustment of status application or asylum case. However, there are some factors to consider before traveling.

Firstly, it is...
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1 Answer | Asked in Immigration Law for New York on
Q: Can my girlfriend change the host name and address in her B2 visa application.

When I met my girlfriend from outside the US, she had already set an appointment for her visa interview and added a friend who she’s no longer in contact with. I’d like to change the host to me in the application. Is this possible and is it safe?

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 26, 2023

If your girlfriend has not yet attended the visa interview, she may be able to update the host information in her B2 visa application. However, it's important to note that any changes to the visa application may result in additional scrutiny by the consular officer during the interview.... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: My father (now deceased) was a naturalized US citizen.

Does that automatically make me a US citizen. I have a green card for over 40 years.

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 25, 2023

No, being the child of a naturalized US citizen does not automatically make you a US citizen. However, there are some situations in which you may be eligible to apply for US citizenship, such as if you were under the age of 18 when your father naturalized and you were a permanent resident at that... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Can a married couple live abroad during the filing of consular processing?

Say the US citizen and the beneficiary would like to live together after marriage, but in a country different than the beneficiary's home country. Can the couple process their case at the new country of residence? For example, my wife is from France and we'd like to live together in... Read more »

James L. Arrasmith
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answered on Feb 23, 2023

Yes, a married couple can live abroad during the filing of consular processing. The consular processing for an immigrant visa allows for the beneficiary to apply for a visa through a U.S. embassy or consulate in their home country or in any other country where they are lawfully present.... Read more »

1 Answer | Asked in Criminal Law, Immigration Law and Tax Law for New York on
Q: How to report a foreigner in the US working illegally as a prostitute?

I know of Canadian who is in the US on TN status, but she stopped working at the job that is tied to her visa. Instead she works illegally in multiple states as a prostitute. She publishes her services on websites for call girls, erotic reviews, etc.. She is even planning to fake a marriage so she... Read more »

Marco Caviglia Esq.
Marco Caviglia Esq.
answered on Feb 14, 2023

ICE Tip Line: 866-DHS-2-ICE

2 Answers | Asked in Immigration Law for New York on
Q: Can a school refuse to recommend you for OPT?

I have been a good student for a year and held valid F1 Visa

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 10, 2023

Yes, a school can refuse to recommend a student for Optional Practical Training (OPT). Although the school is not required to provide a reason for their decision, there are a number of reasons why a school might refuse to recommend a student for OPT. Some possible reasons include a low grade point... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: HAVE YOU EVER BEEN ARRESTED, CITED, CHARGED, OR DETAINED FOR ANY REASON BY ANY LAW ENFORCEMENT OFFICIAL(INCLUDING BUT.

HAVE YOU EVER BEEN ARRESTED, CITED, CHARGED, OR DETAINED FOR ANY REASON BY ANY LAW ENFORCEMENT OFFICIAL(INCLUDING BUT NOT LIMITED TO ANY US IMMIGRATION OFFICIAL OR ANY OFFICIAL OF THE US ARMED FORCES OR US COAST GUARD)?

I AM ASYLUM SEEKER. I WAS ARRESTED BY US COAST GUARD WHEN I WAS ENTER... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Feb 10, 2023

Sorry, I provided the answer to a different question! Here is the answer I meant to provide:

Given that the question includes arrests by the U.S. Coast Guard, the answer would be yes. Also, if that is how you ultimately came into contact with Immigration authorities to seek asylum, USCIS...
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2 Answers | Asked in Immigration Law for New York on
Q: Hi there. I have a consular processing question for a spouse.

During the processing of the petition/green card, can the beneficiary leave their home country and work in a different country (other than the US)?

Lilia  Alcaraz
Lilia Alcaraz
answered on Feb 7, 2023

Hello New Yorker!

Yes, a person can travel to work in another country if they have the necessary visas, work permits, and fulfill other legal requirements of the country they are traveling to.

This advice only applies to a consular processing case where the intending immigrant is...
Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: How can I appeal if my CRBA applications are not approved or denied for over a year?
Min Hwan Ahn
Min Hwan Ahn
answered on Jan 27, 2023

If your Consular Report of Birth Abroad (CRBA) application has been pending for over a year, you may contact the U.S. Department of State's Office of Children's Issues at 1-888-407-4747 or via email at adoption@state.gov to inquire about the status of your application. If your application... Read more »

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1 Answer | Asked in International Law and Immigration Law for New York on
Q: I am a F1 visa status international student from Japan, and my friend (US citizen) asked me to be his co-founder.

Hi I am a F1 visa status international student from Japan. My friend (he is an US citizen) asked me to be his co-founder for his company. I am scheduled to leave the States this year after graduation. I was wondering if I can be his co-founder and, if so, what are some regulations/processes I have... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 25, 2023

There are complicated immigration rules regarding volunteering, working, and passive investing on your F-1 visa. Your OPT might be useful if the work is related to your degree. Then there is the possibility of if a change of status to L-1, for example. Without assessing the specifics of your case... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: How fast I can re-apply for citizenship after my case was denied due to documents requirements. I passed all exams.
Lilia  Alcaraz
Lilia Alcaraz
answered on Jan 19, 2023

You may apply immediately. Submit all the documents USCIS requested. If you have a criminal history or other negative factors that may affect your naturalization application, make sure to consult with an immigration attorney.

1 Answer | Asked in Immigration Law for New York on
Q: HI, my deceased father was a U.S citizen and he had three children who were born outside of the U.S and at this time he

havent received his citizenship however he was holding a green card. I want to know can this children received a green card if they apply through the embassy?

My mother is also not a citizen.

Monica E Rottermann
Monica E Rottermann
answered on Jan 9, 2023

If your father filed I-130 petitions for his children prior to his death there may be a way to get the petitions reinstated through humanitarian reinstatement. You can read about that process here: https://www.uscis.gov/green-card/green-card-eligibility/humanitarian-reinstatement

3 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?

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Dec 16, 2022

You should definitively consult with an attorney to establish whether the incident back in 2013 made you inadmissible to the U.S. Keep in mind that it does not matter whether five years have happened since your application because the question states, have you ever, not have you within the last... Read more »

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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 »

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