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New York Immigration Law Questions & Answers
1 Answer | Asked in Family Law, Immigration Law, Identity Theft and Social Security for New York on
Q: I seek assistance with sorting out identity issues (problems with birth certificate, social security due to name change)

I am assisting a young man (23yr old) who will graduate from college but who cannot proceed with things like drivers license, employment, etc, due to a troubled childhood situation in which his name was changed numerous times. The birth certificate (issued in New York City) has questionable... Read more »

Agnes Jury
Agnes Jury answered on Jul 19, 2021

This would be best handled by a civil litigation attorney as it sounds like it involves several name changes or may require one now. You may be able to get free help from legal aid clinics but if not you can always reach out to attorneys directly and ask if they would help for free. Best wishes!

2 Answers | Asked in Immigration Law, Child Support and International Law for New York on
Q: What are the legal ramifications if I don't assist my Chinese ex-wife in renewing our daughter's U.S. passport abroad?

My ex-wife, a Chinese citizen, wants to renew my daughter's U.S. passport in China. My daughter isn't a Chinese citizen, she's an American citizen, but is living there under a visa in my ex-wife's name. In order to renew the passport, she needs my help because I'm an... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 11, 2021

There are no ramifications except that your wife will tell your daughter of your refusal

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1 Answer | Asked in Immigration Law for New York on
Q: My mother currently has visa B2, will she be able to travel to US from Russia while waiting for green card

Just recently applied for green card, she came to US multiple times

Kyndra L Mulder
Kyndra L Mulder answered on Jul 2, 2021

A B2 visa is a non immigrant visa. Your mother has shown immigrant intent. She may not be admitted into the USA for this reason. If she does attempt to enter the USA on her B2 she will need to carry with her sufficient documentation to indicate her intention to return to her home country at the... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: Hello, I had immigration problems with the USA back in 1980. Can I do 1 stop in the US if I need to travel to Canada?

I am a Canadian citizen and stuck where I'm at during covid. In order to go back home to Canada, I must do 1 or 2 stops in the US. I am nervous I might have some problems traveling back to Canada but need to come back home in Canada to visit my doctor and refill my medicine. Back in the 1980s... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jun 19, 2021

You may be allowed to travel but you may be denied entry to the terminal beyond the boarding area. It is also possible there will be no questions.

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1 Answer | Asked in Immigration Law for New York on
Q: Can I lose my green card if I get divorced?

I recently received a green card for 10 years.

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jun 11, 2021

No you won't lose your green card if you get a divorce.

1 Answer | Asked in Immigration Law for New York on
Q: My i485 got approved, uscis produced my card and sent it and usps lost it. How can i file i90 without paying ?
Agnes Jury
Agnes Jury answered on Jun 2, 2021

When you file an I-90 based on the fact that "My previous card was issued but never received" there is no filing fee. See filing fees instructions at: https://www.uscis.gov/i-90

Best wishes!!

2 Answers | Asked in Immigration Law for New York on
Q: I’m an immigrant with an expired visa, am I able to travel domestically with just my passport with no problem?
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on May 24, 2021

What do you mean that you have an expired visa? Are you a legal permanent resident with a green card? Do you have another type of visa?

If, for example you are a resident, you should apply for a new green card immediately or citizenship if you qualify.

If, you have another type of...
Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: Traveling with green card in maiden name and passport in married name?

I got married abroad a year ago and hyphenate my last name with my husband name (Evans-Karalis). Now my foreign passport has my married last name, but the green card, that will expire in 2026, has my maiden name. I have marriage certificate translated in English. Will I have any problems to enter... Read more »

Agnes Jury
Agnes Jury answered on May 14, 2021

You should carry the marriage certificate with you at the time of travel but you should not have problem because upon your arrival to the US border the CBP officer will take your fingerprint scan and match it to the green card anyways. Best wishes!

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1 Answer | Asked in Immigration Law for New York on
Q: I will get married and apply for a green card. Can I overstay my current L1 visa while the application is filed?

Live in the US for 6 years on an L1A visa but decided to leave the company. Now I am in a 60 day grace period until I have to leave the country. My partner and I (living together for 6 years) decided to marry so I can apply for a green card. We will get married before the grace period is over but... Read more »

Agnes Jury
Agnes Jury answered on May 6, 2021

The overstay itself will not disqualify you from applying for a green card based on marriage to a US citizen. And if the Green card is granted the short overstay without status would not be a problem. BUT I recommend you consult with an attorney to discuss and consider the consequences if the green... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: can I apply for my half siblings to get green card ? if possible, could please tell me what are the requirements ?
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Apr 28, 2021

Yes. However, only American citizens can petition for a sibling, not legal permanent residents. Basically you can apply for a sibling who is the child of your mother or your father only. The first part of the process requires filing a petition called the I-130 and you must prove the sibling... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: Hello Looking for information regarding my mom’s immigration application (I-130) which got approved recently.

We are now in the process of submitting the affidavit of support I-864 and financial documents to the NVC before they can schedule her interview at the US embassy in Cairo, Egypt. It would be great if you can answer few questions in that regard.

1-The minimum household income for 2 is... Read more »

Agnes Jury
Agnes Jury answered on Apr 14, 2021

You will never be in a position to have a household of 1 because the sponsor and immigrant will always count so that is a minimum of 2 household members. Benefits that are considered “taxable income” by the IRS, can count toward meeting the 125% of Poverty Guidelines levels required in order... Read more »

1 Answer | Asked in Immigration Law and Federal Crimes for New York on
Q: Why are US petitioners allowed to not secure foriegn applicants US documents?

They are also allowed to not initially secure proper accommodation for foreign applicants who come here and work and pay taxes. This entire experience caused me to loose stable income because I had to migrate because the immigrant visa with a one year extension was about to expire and neither the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 5, 2021

Many of the things you say lead us to believe that your situation is quite unusual, and for that reason you really need to speak with an immigration attorney so s/he can advise you on your options based on your particular circumstances.

3 Answers | Asked in Immigration Law for New York on
Q: Will I run into problems if I marry my fiance who resides in another country before I become a us citizen?

I have a green card I married my fiance who's living in a foreign country. Now I'm applying for citizenship" naturalization" will I run into problems later if I want to file for a green card for him?

Kyndra L Mulder
Kyndra L Mulder answered on Mar 30, 2021

No. You will not have a problem.

You may file the Alien Relative Petition as soon as you are married.

Your spouse may file for his immigrant visa when you become a USC, or;

As soon as the Alien Relative Petition is approved provided there is no wait for a priority date to...
Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: Is the NYC Immigration court closed? when it will be open? I have individual hearing on April 12th at 10:30 am
John Alexander Bates
John Alexander Bates answered on Mar 24, 2021

It is still closed for non-detained cases and no indication when it will reopen. If that happens, your case will be rescheduled.

1 Answer | Asked in Immigration Law for New York on
Q: After getting immigration visa i got married but i get green card after marriage. Is there any problem of my LPR
Adan Vega
Adan Vega answered on Mar 23, 2021

Whether you will have issues with your permanent resident status depends on the classification of your resident status.

You also did not post sufficient information.

You should consult with an experienced immigration attorney to obtain a complete analysis of your case.

1 Answer | Asked in Immigration Law for New York on
Q: On N-400, should I provide 5 years of info for questions that don't specifically ask for 3 years(married to US Citizen)?

The N-400 form and instructions are inconsistent if 3 or 5 years of information should be provided if you are married to a US Citizen. Specifically, Part 1 is clear that 3 years applies as a lawful permanent resident, but Part 5 asks for 5 years about my residence and Part 8 asks for 5 years of... Read more »

Agnes Jury
Agnes Jury answered on Mar 12, 2021

You should answer the question asked and provide 5 years of information regardless of how long you have been a permanent resident. Also, USCIS has recently changed their practice of reviewing the immigration

history of a naturalization applicant during the naturalization process and will...
Read more »

2 Answers | Asked in Employment Law and Immigration Law for New York on
Q: How to gain right to work for non us citizen?

All talent that we represent must either be a US citizen or have the

right to work within the US. In order to work in the adult industry in

the US two forms of US issued id's are required

Kevin L Dixler
Kevin L Dixler answered on Mar 4, 2021

That’s the law. You must be authorized to work. Those who are lawful permanent residents have the right to work, as well.

An employer has no obligation to petition someone for a work visa. The law requires the U.S. employer to first seek someone with the minimum requirements for the job...
Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: I came in on a fiancé visa in September 2019 was married in 0ctober . I 485 was filed. In May my USA spouse died.

What will be may classification cf or iw

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Feb 21, 2021

In this kind of cases. USCIS must be notified. A death certificate must be submitted. The petition will be converted to a I-360 petition of a widower.

2 Answers | Asked in Immigration Law for New York on
Q: Can a US permanent resident obtain a O-1 non-immigrant visa?

I'm French citizen living in the US as a permanent resident. I would like to avoid becoming a long-term resident as I don't intend to stay in the US forever. Is it possbile to obtain a O-1 non-immigrant visa instead?

Adan Vega
Adan Vega answered on Feb 15, 2021

As an immigrant to the U.S. holding a permanent resident status, you are not eligible to obtain a non- immigrant visa such as the O-1.

You must no longer be a U.S. lawful resident in order to qualify for a non- immigrant status or visa.

Before you abandon your resident status, you...
Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: I am married to a green card holder and he wants to submit my I130 first but I have overstayed my time should I go ahead

Or should I do the entire process

Leonard R. Boyer
Leonard R. Boyer answered on Jan 15, 2021

This situation is too complex and fact-specific for this forum. You are going to need to retain an experienced immigration attorney and have an in person consultation.

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