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New York Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New York on
Q: Hello, I came to the US on a J-1 Visa in 2017, I soon after entry discontinued the program but remained in the US

I remained in the US for 4 years and left in 2022 without any removal notice from the government. My I-94 states D/S and I’m not sure if I triggered any reentry bans and if I did, if I may return to the US for vacation after 10 years?

Stephen Arnold Black
Stephen Arnold Black answered on May 15, 2022

A foreign national who remains out of status for longer than one year, and then exits the United States, is barred to return to the US for a period of 10 years. After that period, you can apply for a visitor visa at the consulate overseas.

1 Answer | Asked in Immigration Law for New York on
Q: I am trying to marry my wife she is here on a j1 work visa can someone help me please thank you
Stephen Arnold Black
Stephen Arnold Black answered on May 9, 2022

An immigrant here on a J1 visa can marry a US citizen and adjust status to get a green card, provided that the J1 visa is not subject to the two-year home residency requirement. Counsel in any state can represent you and process the case from start to finish.

2 Answers | Asked in Immigration Law for New York on
Q: Hi I filed a petition for my wife and stepdaughter but so far only one has been scheduled for interview

Her interview is set for this June 3 but I’m wondering if I have to be their for her interview and then also go to the other two petition seperetly after they are scheduled or should I reschedule the youngest interview the interview is Dominican Republic and it’s a I-130. For all three all the... Read more »

Namita Agarwal
Namita Agarwal answered on May 4, 2022

Yes, you should attend a marriage based interview if filed in the US through adjustment of status. It would be worthwhile to understand what happens at time of interview as well. Good luck!

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2 Answers | Asked in Immigration Law for New York on
Q: Do I have to pay fees for employment authorization renewal application

Immigration law

Agnes Jury
Agnes Jury answered on May 2, 2022

Typically yes but use USCIS's fee calculator to confirm: https://www.uscis.gov/feecalculator

Best wishes!

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1 Answer | Asked in Immigration Law for New York on
Q: Do I have to pay fees for employment authorization renewal application

I'm k2 visa holder and had my interview 7 month ago and my card expired

Tim Akpinar
Tim Akpinar answered on May 2, 2022

I'm sorry your question remains open. It was probably overlooked in this category. You could repost under "Immigration Law." There's no guarantee all questions are picked up on this forum, but you might have better chances of a response under the Immigration Law heading. Good luck

1 Answer | Asked in Immigration Law for New York on
Q: When submitting Photo Evidence to USCIS, does it have to be printed out photos- or can I have a digital album?

do the printed out photos have to be on photo paper from a kiosk or can I print on regular copy paper from home?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Apr 30, 2022

You need to print out colour copies and paste them on blank paper or you can submit colour copies of the pictures. It is a good idea to label the pictures - dates and who is in the pictures and the event.

1 Answer | Asked in Immigration Law and International Law for New York on
Q: Hello, I am currently studying law (Ivy League) in the United States with an F1 Visa. I want a green card, how it's ?

I'm in an ivy league and I should pass my bar in New York.

Stephen Arnold Black
Stephen Arnold Black answered on Apr 30, 2022

Your future employer can sponsor you for a green card. Engage an attorney to represent you once you get a job offer. He/she can handle all steps from A to Z.

1 Answer | Asked in Immigration Law for New York on
Q: filled for an i130 that is approved and send to national visa center. But I made a mistake on the beneficiary’s name

I called the USCIS but they are saying the case is already send to nvc. I spoke to 2 immigration attorneys they are saying to just correct the name on the ds-260. And also summit an inquiry with the supporting to the nvc. But I wanted to ask here just to be sure I’m taking the right steps.

Kevin L Dixler
Kevin L Dixler answered on Apr 5, 2022

This is something that can happen. Now, that it has, your only choice is to work through the National Visa Center and consular officials. If you are uncomfortable with the situation, and don't know what to do, then you may want to schedule an appointment or teleconference to discuss the... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: Does not having an H1b visa on passport going to affect my application of marriage green card?

I have H1b visa but due to Covid I haven't been able to change the visa on my passport from F1 to H1b, but I have the I-797A approval notice for H1b. I'm wondering if that will be enough for applying for marriage green card. Thank you.

Samuil Buschkin
Samuil Buschkin answered on Apr 5, 2022

Your goal is to remain in status with respect to your current status in order to apply for a change of status. The approval notice keeps you in status. The marriage green card is a somewhat separate topic. You should consult an immigration attorney. best of luck.

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1 Answer | Asked in Immigration Law for New York on
Q: I filled for an i130 that is approved and send to national visa center. But I made a mistake on the beneficiary’s name

So my wife the beneficiary have a 2 part first name. I accidentally put just one part of her first name on the i130. It’s approved and send to NVC. I want to get it corrected I have all the supporting documents. Would I have any issues getting it fixed.

Agnes Jury
Agnes Jury answered on Apr 4, 2022

You had to have submitted copies of your wife's birth certificate and other documents containing her name as part of the I-130 so it is surprising that USCIS did not reject your I130 Petition or issue a request for evidence regarding your wife's name. Are you sure you omitted the name... Read more »

2 Answers | Asked in Divorce, Family Law and Immigration Law for New York on
Q: Wife used myW2s for her mom to come to theUS and a greencard without me. She's moved her in without mypermis. legal?

I'm divorcing because I told her I don't want her mom living with us and she forced her into the house and now I'm paying for food and everything for her mom too. I never agreed to get her mom a green card or to use my income to help with this. She did this behind my back and I found... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Apr 2, 2022

Given the bar minimum facts presented here, the wife was well within her rights to use a marital income (both parties have a share in one party's income) to facilitate the immigration of the wife's mother. The wife also has a share in the marital residence and as such, can invite her... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: Is there a law in NJ, that mentions after 5 years USCIS can not go after you for fraud? Is this law also in NY?

A family member applied for citizenship around 2019, and passed all interviews. At the time we did not know UCIS scheduled a 2nd interview as we thought it was the citizenship ceremony due to him passing the interviews. Turns out it was not and they went to an interview without lawyer or anything... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 20, 2022

There is no such law, nor would that make any sense.

1 Answer | Asked in Immigration Law for New York on
Q: Is an I-129 petition denial the same thing as a visa denial?

If I fill out a DS160 form to apply for a visa at a US consulate do I select yes for visa denial if I had a USCIS petition denial?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Mar 18, 2022

Yes that is a denial. When you go to your interview tou can tell them it was related to a job or fiance visa or whatever.

1 Answer | Asked in Divorce and Immigration Law for New York on
Q: I would like to know if I can get assistance to divorce or null my marriage?

I married a woman in November/2021 we never lived together and We are not in communication. I need help because of this situation I don’t even know how to file my income tax/2021

Please advice

Thank s Ana Fernandes

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Mar 14, 2022

The asker should retain an accountant to do her taxes and should retain counsel to prosecute her divorce. All of the legal nuances written into New York's divorce law require professional assistance. There is no way to self-prosecute without making huge, life-impacting errors.

2 Answers | Asked in Immigration Law for New York on
Q: I married a Filipino girl in Costa Rica. How do I get her back to the US legally?
Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Mar 12, 2022

If you are a US citizen or resident, you start by filing a family based petition for your wife and provide proof that the marriage is real, like Photos and other shared documents in the marriage. When the petition is approved, the next step is immigrant visa application before she comes to the USA.

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2 Answers | Asked in Immigration Law for New York on
Q: I'm under a j1 visa for a internship and the office offered me a job but they said I need to figure out the visa myself

Is it possible to switch from j1 to another working visa, and what's the process?

Samuil Buschkin
Samuil Buschkin answered on Mar 10, 2022

Achieving what you describe is a multistep process. A careful analysis of your specific situation must precede any action. I suggest that you consult with an immigration lawyer.

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1 Answer | Asked in Immigration Law for New York on
Q: Quien puede ayudarme a llenar una solicitud de asilo ?
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Mar 9, 2022

Hay abogados en la lista JUSTIA pueden ayudar. Tambien, hay organiciones quien ayuda personas si no tienen dinero o no tienen mucho dinero. Mira en listas en su cuidad tambien.

Buenas suerte!

2 Answers | Asked in Immigration Law for New York on
Q: Best route or process to claim parents that have been here in the US to have them get their travel and work permit?

Mother has been in the US for over 15 years and I’m her 22 year old son ready to claim her and have her paperwork get started what’s are the first steps to doing so ?

Adan Vega
Adan Vega answered on Feb 28, 2022

You did not provide sufficient details in your posting. If you are a U.S. citizen you can file the FORM I-130 on behalf of your parent. If your parent is not inadmissible for any reason and has lawfully entered the U.S. then the FORM I-485 can be filed with USCIS.

I highly recommend that...
Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: J1 visa will expire soon, J1 waiver is still pending, will there be any problem in waiver if I travel out of US

I am in grace period after my J1 visa has expired, J1 waiver is still pending, thus my employer cannot file H1-B petition.

I will have to travel back to India before the grace period ends. Will my waiver application still be active if I am not in US.

Once waiver arrives and I am... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Feb 11, 2022

It depends is the answer. You need talk to an immigration attorney, specially before leaving the US.

1 Answer | Asked in Immigration Law for New York on
Q: Can I take bar exam under G4 visa? Also, can I do 50 hours of bro bono under G4 visa?
Giselle Ayala Mateus
Giselle Ayala Mateus answered on Feb 10, 2022

Taking the bar or being admitted to the practice of law is not regulated by the US Immigration Laws. The admission to the Bar, even the right to take the exam is a matter administer by the NY Court of Appeals and the NY Board of Lawn Examiners of you have complied with their regulations, which... Read more »

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