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New York Immigration Law Questions & Answers
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...
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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...
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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...
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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...
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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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1 Answer | Asked in Immigration Law for New York on
Q: Can I travel with my Travel Document in these specific countries GREECE, SWEDEN, SPAIN, NORWAY, CANCUN?

I won my politic asylum case, while I'm waiting for my green card I just got my travel document, if someone can give me a concrete answer please let me know

Kyndra L Mulder
Kyndra L Mulder answered on Jan 13, 2021

It is up to those countries whether they will admit you. Have you checked their visa requirements?

1 Answer | Asked in Immigration Law for New York on
Q: My green card (through Asylum) shows residence since Feb 14, 2017. Can I apply for US citizenship after 4 years?

Does one year waiting as an asylee count towards US citizenship?

Kyndra L Mulder
Kyndra L Mulder answered on Jan 11, 2021

LPR status is retroactive one year from the date it is granted. You are eligible to file for Naturalization on Nov 14 2021provided you meet all other requirements.

2 Answers | Asked in Immigration Law for New York on
Q: Do I have to sponsor stepchild as well (I-864)? How risky is it to sponsor an MBA who works at a bank with an I-864?

My Chinese girlfriend is pregnant with our child. We are planning to marry. She wants me to sponsor her with an I-864 so she can stay and raise our child together. The issue is that she has a child from a prior marriage who lives in China. If I sponsor her with the I-864, do I have to sponsor... Read more »

Agnes Jury
Agnes Jury answered on Jan 7, 2021

If you are not bringing the stepchild to live in the USA then you are not petitioning for that stepchild and do not need to file an I-864 as well. As to the "risks" of sponsoring, you must read the explanation of the obligation you are making that is outlined in the form I-864 itself (pg.... Read more »

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3 Answers | Asked in Immigration Law for New York on
Q: What are my options?

I am Canadian citizen residing in NYS on a H-4 visa. I recently found out that I was aging out of my visa, as I am turning 21 years old this month. Is there a way for me to remain in the United States? I have looked into switching my H-4 visa to a F-1 visa. I have also looked into getting an... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jan 4, 2021

As you have stated; you have a number of options. Which option is the best option is largely up to you and your circumstances. Any of the options are time sensitive. I suggest you consult with an experienced immigration attorney to discuss the options.

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1 Answer | Asked in Divorce and Immigration Law for New York on
Q: Got my 10 year green card end of November 2020, if I get divorced now can it cause immigration issues?

I got my 10 year green card on November 28, 2020 and my spouse got physically violent earlier December for which he was arrested. He wants a divorce now. By law in NY the divorce would be no fault and cause would be irretrievably broken for 6 months(from August 2020 if divorce gets filed in January... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 30, 2020

If you have successfully removed your conditional residency and obtained your "10-year" green card, then any subsequent divorce will not effect your immigration status.

Now, your husband can say anything he likes to immigration to try in order to try and harm your status, but if...
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2 Answers | Asked in Divorce and Immigration Law for New York on
Q: I got my 10 year green card end of November 2020, if I get divorced now can it cause immigration issues?

I got my 10 year green card on November 28, 2020 and my spouse got physically violent earlier December for which he was arrested. He wants a divorce now. By law in NY the divorce would be no fault and cause would be irretrievably broken for 6 months(from August 2020 if divorce gets filed in January... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 29, 2020

This type of case requires you to retain one of the few attorneys who is experienced in both matrimonial and immigration law. By doing so you have (presuming your facts are accurate) both getting divorced and not having your green card revoked. During this pandemic, you have a choice of either... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: My parents are green card holders can they sponsor me a daca recipient.

My parents are green card holders can they sponsor me a daca recipient. We entered the us legally back in 1992,and overstayed. However my parents are now legal residents. Ive kept my daca status since it was created and have never left the us.

Adan Vega
Adan Vega answered on Dec 20, 2020

One of your lawful permanent resident parents can file the FORM I-130 (relative petition) on your behalf if you are unmarried.

As a DACA recipient you are not accumulating unlawful presence upon the issuance of DACA by USCIS. Depending on the age you obtained DACA, you may not have...
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1 Answer | Asked in Immigration Law for New York on
Q: Green card and Citizenship

Hi .. i am greencard holder since December 2016 , I have trips outside USA some between 6 months to 1year but none more than 1 year to settle my things and quit the job in my original country , total time outside USA less than 30 months, I settled in USA since March 2019 and have no intention to... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Dec 11, 2020

Unless you have been married to and living with a U.S. Citizen spouse for the last three (3) years, it would be premature to file an application for naturalization, as it seems you may need to file under the "5-year" rule. Even then, if you have any trips outside the United States during... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: My husband wants to file the I130 but I have over stayed my time already would that be a problem? What docs do we need?
Stephen Arnold Black
Stephen Arnold Black answered on Dec 7, 2020

If you Enter the country Legally, and your husband is a US citizen, then he can sponsor you for a green card despite the overstay. Counsel anywhere in the United States can represent you from start to finish.

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1 Answer | Asked in Immigration Law for New York on
Q: I want to file the I130 but I have over stayed my time already would that be a problem? What all do I need to submit?
Adan Vega
Adan Vega answered on Dec 7, 2020

Certain relatives who are either U.S. citizens or residents can file the FORM I-130 on your behalf. You can not self petition.

The type of support documentation that is required to file the FORM I-130 depends on the type of petitioner. Who is your petitioner?

You can read the...
Read more »

4 Answers | Asked in Immigration Law for New York on
Q: What's the 1st step to getting a fiance to America

I have been dating my fiance for a while now. And we really want her and her 3 year old son to come to NY to live with me and my 3 year old daughter. What's the 1st step for someone like me who doesn't have a whole lot of money.

Robert Roy Klein
Robert Roy Klein answered on Nov 22, 2020

File an I-129F to get a fiancée visa, and among the documents to include, you must show an intention to marry within 90 days of her arriving in the US. You must then marry within the 90 days.

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