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Questions Answered by Roger Carl Algase
1 Answer | Asked in Immigration Law for New York on
Q: I am 22 and an American citizen I moved to Canada with my parents becuase they were seeking refugee status here in 2009.

I am now a Canadian citizen, and am wondering am I still able to travel back to the US without any problems?

Roger Carl Algase
Roger Carl Algase answered on Mar 5, 2018

Both Canada and the US recognize dual citizenship, so moving to Canada and becoming a Canadian citizen should not, in and of themselves, result in loss of US citizenship.

1 Answer | Asked in Immigration Law for New York on
Q: I recently received my green card.

I recently received my greencard. I have the opportunity of receiving a free 3 mnth online course through a local community college that is funded by the department of labour. I would receive a voucher to do a state exam at the end of the course. Would I be considered a public charge if I did the... Read more »

Roger Carl Algase
Roger Carl Algase answered on Feb 28, 2018

The public charge bar to admissibility does not apply to someone who already has a permanent green card. Nor is it grounds for revoking a green card.

1 Answer | Asked in Immigration Law for New York on
Q: I had my Green Card interview on 2/8, the officer did not ask for my Form I-693

I had my Green Card interview on 2/8, it is family-based, my daughter is the petitioner. The officer only asked for our birth certificates and translations, gave us a letter that the case is being continued and sent us home.

Now when we got home we realized that he did not even ask for my... Read more »

Roger Carl Algase
Roger Carl Algase answered on Feb 11, 2018

In this kind of situation, the best course of action would most likely be to make an Infopass appointment at the office where you were interviewed, and on the appointment day go there with your sealed I-693 envelope from the doctor and ask to see a supervisor. You should not be afraid to let the... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: do i have to have tax returns filed as married in order to sponsor my spouse for citizenship?
Roger Carl Algase
Roger Carl Algase answered on Feb 6, 2018

That would be highly recommended. However, "married filing separately" would not be a problem. You should consult with an experienced immigration attorney before filing any papers with the immigration office, however, in order to avoid difficulties or delay.

2 Answers | Asked in Immigration Law for New York on
Q: I’ve submitted my green card application and after it was accepted I received a letter asking for additional docs.

My wife is petitioning for me but she’s not my sponsor. My friend is filing an affidavit on my behalf. Am I suppose to submit my wife’s tax returns even though she’s not my sponsor? Her income level doesn’t meet the requirement. Is she also suppose to fill out the I-864 form even though... Read more »

Roger Carl Algase
Roger Carl Algase answered on Jan 30, 2018

The best approach is to consult with an experienced immigration lawyer, since the answers to these questions depend on both complex immigration and tax issues. And, yes, a US citizen who is sponsoring a spouse for a green card is required to submit his or her own I-864 affidavit of support, even... Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: Currently on an E1 visa, i am wondering if there is a way to apply for the green card?

I have been on an E1 for a year and used to on an F1 prior to this.

Roger Carl Algase
Roger Carl Algase answered on Jan 28, 2018

This kind of question depends on the specific circumstances and details of each case. It is not something that can be answered in a forum such as this one, which provides general information only. Anyone who seriously want to know about his or her options for obtaining a green card should be on the... Read more »

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1 Answer | Asked in Immigration Law and Social Security for New York on
Q: I came to the USA legally and have a green card for 54 years can I still receive social security if deported?

Under Trump people arrested for minor offences are getting deported and I was arrested 17 years ago for harassment and 38 years ago for possession

Roger Carl Algase
Roger Carl Algase answered on Jan 23, 2018

You should contact Social Security for an answer. But just being arrested for a crime or crimes is not grounds for deportation unless there is also a conviction.

1 Answer | Asked in Immigration Law for New York on
Q: denial for i-539 change of status from B2 to F1

I got denial for my i-539 change of status to f1, after waiting for 10 months while the case pending , now my i-94 expired on dec 1.2017.

what is the best option , file for reopen , reconsideration , or leave the country and RE apply from the us consul in my country.

i have a... Read more »

Roger Carl Algase
Roger Carl Algase answered on Jan 22, 2018

Unfortunately, USCIS is super-strict about filing deadlines in a transfer to F-1 situation. Applying for an F-1 visa at a US consular office outside the US might be the only recourse.

1 Answer | Asked in Immigration Law for New York on
Q: should I state that was working illegally when applying for my green? will it affect my approval if I don't?

I am currently married to a US citizen and I am now looking to file my AOS. I entered the country legally as J1 worker, however I stayed after my visa expired and have been working with a company for over 2 years where I get paid using my SSN. Should I declare that I was working illegally when... Read more »

Roger Carl Algase
Roger Carl Algase answered on Jan 20, 2018

As long as someone applying for a green card based on marriage to a US citizen entered the US with a legal visa, overstaying the visa or working illegally after the visa expired is not normally grounds for denying a green card, unless there are other issues involved. However, making false... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: My husband and i went to the greencard interview on December 19, 2018,we were not told if we were denied or approved,

She did not saparate us,she only smile and say thank you,its four weeks now and i havent got a letter,do you tnink i have been denied?

sorry,dec 19,2017

Roger Carl Algase
Roger Carl Algase answered on Jan 14, 2018

I have been representing marriage green card clients for many years and had not run into issues of people being delayed in hearing the results after the interview for quite some time up until very recently. Before then, unless there was a serious problem with evidence of the marriage relationship... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I am a US citizen. My boyfriend is here in the US as a tourist but we're planning to get married soon. Is it better to

marry him then he can apply for permanent residency later or file a fiancee visa first? Which one is the faster way for him to get his permanent residency status?

Roger Carl Algase
Roger Carl Algase answered on Jan 10, 2018

The answer to this question depends in large part on how long he has been in the US as a visitor in his current status.

2 Answers | Asked in Immigration Law for New Jersey on
Q: I'm a naturalized US citizens and my mum is in US on a visiting visa, can I file I-130 for her after staying for 6month?
Roger Carl Algase
Roger Carl Algase answered on Jan 10, 2018

You may be able to file both an I-130 and an I-485 green card application for your mother without waiting for her to be here for a full six months. If you would like to talk about this in more detail, please feel free to call me at (212) 724-5643. Thank you.

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2 Answers | Asked in Immigration Law for New Jersey on
Q: Is there a grace period after my H1B extension is denied to convert my status, on medical grounds?

My i94 expired in July 2017 but a renewal (for my H1) was filed in March 2017 itself. However, I received a denial notice but unable to leave the country as I'm 33 weeks pregnant (have doctor's letter). Can I convert to a H4 since my husband is also here on a valid H1B without any immigration... Read more »

Roger Carl Algase
Roger Carl Algase answered on Jan 10, 2018

It might be a good idea to file a timely appeal from the H-1B denial notice in order to keep your denied extension petition timely and active so that you would have an arguable claim that you are still in valid legal status while you apply to switch to H-4. If you want to discuss further details,... Read more »

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2 Answers | Asked in Immigration Law on
Q: What happens to my F3 category file of July 2006 if USA ends chain migration. Is there going to be grandfather clause?
Roger Carl Algase
Roger Carl Algase answered on Jan 10, 2018

Ending "chain migration" is just one of the president's bigoted pipe dreams of closing America's borders to all immigrants who are not from Europe. Congress will never approve it, and one day we will have a new president who recognizes the equality and dignity of all immigrants, no matter where... Read more »

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2 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for Kansas on
Q: Does my aunt need to appear in court or can she just pay a fine? What are the possible penalties?

My aunt who is an illegal immigrant got pulled over for going 45 in a 35. The officer gave her a warning for speeding but gave her a slip that says she has to appear in court for driving without a driver’s license. This is her first time getting in trouble for anything. Because she is a single... Read more »

Roger Carl Algase
Roger Carl Algase answered on Jan 9, 2018

Before doing anything else, your aunt needs to consult with an immigration lawyer who is experienced in both criminal law and deportation law. This is a situation that could very possibly lead to serious problems for her.

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1 Answer | Asked in Immigration Law for Georgia on
Q: My H1 B extension has been denied. What are my options, given I have a 2-month (baby born here).

My H1 B extension has been denied. I still have work time until Feb 2019 for my6 year H1B.I am from I just delivered my baby in oct here and going back to India again would need visa for him without which he cannot leave the country.What are my options now?

Roger Carl Algase
Roger Carl Algase answered on Jan 9, 2018

The most important action you can take is to consult with an experienced H-1B lawyer and find out whether there was a good reason to deny the H-1B petition. Many denials, like RFE's, are nothing more than mistakes due to careless reading of the documents or lack of knowledge of the H-1B rules by a... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: My parents have an approved immigrant visa through consulate in India. Will the immigration reform bill impact them?

They plan to move to the US in March. After they enter the US they will receive the green cards. Will the new immigration law to end chain migration affect them?

Roger Carl Algase
Roger Carl Algase answered on Jan 9, 2018

If a law ending "chain migration" is ever passed, the effect will be devastating, especially on applicants from Asian and Latin American countries, as is the intention of the racist legislators and president who are promoting this bill. But it never will pass.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: My I-140 (EB1A) is approved and my I-485 is pending. Could I accept a job in industry, if offered?

I am a postdoctoral research fellow. Could I accept a job in the industry when I have a pending I-485? Thank you!

Roger Carl Algase
Roger Carl Algase answered on Jan 9, 2018

The answer would be yes, if the I-485 has been pending for more than 180 days.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Currently applying for NIW GC. Can I change from H1B to F1 and still wait for my GC or I have to be on H1.

Hi,

I am currently in the process of applying for my GC through the NIW category. I am currently on H1. I am really interested in pursuing a course that needs to be full time. Hence I need to convert to F1 in future. Can my GC application still be valid if I change status or do I have to... Read more »

Roger Carl Algase
Roger Carl Algase answered on Jan 9, 2018

Unfortunately, changing to F-1 while a green card case is pending is not allowed. F-1 status requires "nonimmigrant intent", i.e. intention to return to one's country after the completion of studies and not to remain in the US permanently. Applying for or being sponsored for a green card negates... Read more »

1 Answer | Asked in Immigration Law for Washington on
Q: My company is currently doing my green card but I’m planning on marrying a citizen.

The company is in Stage 1( just posted my job after obtaining the prevailing wage). Can I marry at any time? Would it interfere with the ongoing process? I do want the company to pay for the green card, but at the same time I want to plan my wedding. Should I wait until the green card is granted?

Roger Carl Algase
Roger Carl Algase answered on Jan 9, 2018

All other things being equal, green cards through a genuine marriage relationship are usually faster and less expensive than green cards through Labor Certification.

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