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Questions Answered by Roger Carl Algase
1 Answer | Asked in Immigration Law for California on
Q: Sponsored for Employment Based Green Card via Consular Processing. Do I have to take Permanent position now I have GC?

Company sponsored me for Green Card while I worked for them from abroad as a self employed contractor. Now that I have Green Card, both the company and myself would prefer to keep the arrangement where I am self employed contracting for them, rather than directly employed by them. Is there anyway... Read more »

Roger Carl Algase
Roger Carl Algase answered on Jan 8, 2018

Once you have a green card, you are free to make any employment arrangements you wish with any employer you wish to work for, either your green card sponsor or a different employer.

2 Answers | Asked in Immigration Law on
Q: I am now a Canadian Citizen, my youngest son was born in Atlanta GA. In 2002. What are my options to move to USA?

My son has his USA passport. We are living now in Canada as a Canadian Citizen.

Roger Carl Algase
Roger Carl Algase answered on Jan 7, 2018

When your son turns 21, he will be able to sponsor you for a green card, based on current law. Depending on your situation, you might have other options available besides immigration through your son, but this is the earliest time that he would be able to help you.

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2 Answers | Asked in Immigration Law for Ohio on
Q: Can I marry my boyfriend, who is here (US) and on an L-1 work visa but recently resigned?

My boyfriend of almost 2 years was working in the US on an L1 visa from Brazil. He gave notice at work because it was miserable there for him. He is now unemployed and his visa will expire in 60 days. Can we get married to stay together or would the government try to suggest fraud due to us... Read more »

Roger Carl Algase
Roger Carl Algase answered on Jan 6, 2018

As long as you and your boy friend have a genuine relationship, there would not be any reason to think there is any fraud in this situation.

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1 Answer | Asked in Immigration Law for California on
Q: Received RFE from USCIS for my EB2 based AOS i-485.

Received RFE from USCIS for my EB2 based AOS i-485.

1) evidence of current employment authorization? my current EAD card? is it sufficient.

2) my i-612 for J1 waiver approval. I have it.

For my Spouse, asking i-612 as well but she never had J1 or J2 visa. We married 10 years... Read more »

Roger Carl Algase
Roger Carl Algase answered on Jan 6, 2018

The RFE question about your spouse's "J-1 waiver" indicates that the immigration examiner who sent the RFE may not have read the file very carefully - something which is probably a more common reason for RFE's in general these days than any other reason, at least in my many years of experience.... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I'm the joint sponsor for my sister and niece, Should I file one I-864 for both of them with my info or one for each one

Both my sister and niece were petitioned under the same I-130, my niece just turn 19. The principal sponsor is my dad but they do not meet the income requirement. I also am married with a 3 yrs old child but I file taxes as married filing separately and no dependents. Should I count my husband and... Read more »

Roger Carl Algase
Roger Carl Algase answered on Jan 6, 2018

A spouse and child living together with an I-864 sponsor are considered to be part of the sponsor's household.

1 Answer | Asked in Immigration Law for New York on
Q: My employer name on W2 is different (HR company) than my company name. What employer name should I input on filing I-130

Example, I work for company A but I receive W2 which list my employer as Payroll A.

Roger Carl Algase
Roger Carl Algase answered on Jan 6, 2018

The actual employer name should be given.

1 Answer | Asked in Immigration Law on
Q: When applying for a Form I-765 for an H-4 spouse, do I need to submit original or copy of birth certificate / visa?

USCIS asks for:

A copy of your last EAD (if any);

A copy of the biometric page of your passport;

A birth certificate with photo ID;

A visa issued by a foreign consulate;

So the latter two should be submitted in original? How can I submit an original visa... Read more »

Roger Carl Algase
Roger Carl Algase answered on Jan 6, 2018

Copies of all required supporting documents should be submitted, not originals..

1 Answer | Asked in Immigration Law for Ohio on
Q: Are mail-order brides really legal? How does that process work with immigration laws?
Roger Carl Algase
Roger Carl Algase answered on Jan 5, 2018

This is one of the few immigration law questions that has a simple answer. A mail order bride would (almost certainly - there might be some very rare exceptions) not work out for a green card. A green card based on marriage requires proof of a genuine marriage relationship. A mail order marriage,... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: is O1 possible for architecture+animation degree, published thesis, worked in US arch firms, freelanced luxury house?

My wife and I are Indian citizen living currently living in USA. I am on H1B visa and she works on H4 EAD as of now. My wife has bachelor in architecture from one of the best architecture school in india, worked in switzerland, canada, singapore and USA. Has post graduation from canada in animation... Read more »

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

She might very possibly be eligible of O-1 based on this record, and I would be glad to take a look at her resume and discuss it further with you if you would like to contact me by email at algaselex@gmail.com or by phone at (212) 724-5643.

2 Answers | Asked in Immigration Law for New York on
Q: If a us non-citizen isn't on a deportation list, are they still at risk for deportation under Trump

my father's green card expired a while ago and he has a gun possession felony on his record, however he is not on any deportation list. with increasingly strict immigration laws, is he under any danger of being deported?

Roger Carl Algase
Roger Carl Algase answered on Jan 2, 2018

Yes he is.

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2 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for New York on
Q: I got a ticket in Connecticut for possession of Drug Paraphernalia, does this affect my chances of getting a Green Card?

I was in CT and got a ticket for possession of Drug Paraphernalia, will this ticket affect my chances of getting a green card and/or renewing my student visa.

Roger Carl Algase
Roger Carl Algase answered on Jan 1, 2018

You better believe it could affect your immigration status. You are going to want to go and see a lawyer with experience in criminal immigration as soon as you can, and certainly before your court date.

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1 Answer | Asked in Immigration Law for New York on
Q: Can my employer apply for an H1-B visa with an expired passport. My OPT date ends soon and I do not have time to renew
Roger Carl Algase
Roger Carl Algase answered on Dec 28, 2017

Passport expiration should not be a problem in applying for an H-1B visa, However, your H-1B application would appear to be subject to the H-1B annual cap. If that is the case, your employer cannot file an H-1B petition for you before April 1, 2018. That should give you time to renew your passport.... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: Hi, I am a U.S. citizen and just got married with a non U.S. citizen. I am now sponsoring him to get a GC.

How long does it take for him to get the GC? Still in the process of submitting applications to USCIS. Is there a way he can go to the philippines before his GC comes? Cause we are planning to get a church wedding nov 2018. Please reply

Roger Carl Algase
Roger Carl Algase answered on Dec 28, 2017

For people who live in New York City, it is now taking almost a year from filing to get a green card interview, and it may take a few weeks, or even months, after the interview to get the green card,.depending on the situation. While waiting for the green card, your husband should be able to get a... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: I'm studying in NY and have a valid F1 visa, I'v Syrian passport, if I travel outside the country can I come back to USA

I have residency in Qatar and I will be traveling to Qatar for few days to see my family. I graduate in May 2018 from my school. All my papers are legal and valid, I'm just afraid to leave the country after the announcement made on December 4th - early this month. - Here's the link to the... Read more »

Roger Carl Algase
Roger Carl Algase answered on Dec 27, 2017

The proclamation does not apply to people who already have visas, and it does not cancel or revoke anyone's visa. Despite that, given the background and purpose of the proclamation, and the repeated anti-Muslim statements and personality of the U.S. president who issued it, staying in the United... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Why are index finger prints and picture taken at marriage based green-card interview. Bio-metrics were taken year prior

Towards our interview the officer took just the index finger prints and a picture and asked confirmed our address. The said they didn't need any more paperwork or anything and that they would send a letter if they did and we left. anyways, why would they take the prints again? I had bio-metrics... Read more »

Roger Carl Algase
Roger Carl Algase answered on Dec 27, 2017

Did the interviewing officer ask any questions about your marriage relationship? If not, that might be an ominous sign that you might be scheduled for a second, more intensive and stressful "Stokes" interview, without having been given a fair chance to have your green card approved after the first... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: I am filing for my husband and i need a joint sponser.. Can a joint sponser owe IRS back taxes.

The joint sponser owes IRS $5000 and is currently setting up a payment plan with them. Can i still use the person or find someone else?

Roger Carl Algase
Roger Carl Algase answered on Dec 12, 2017

Every case is unique, but if the sponsor has a sufficient steady source of income or has assets in a sufficient amount, owing back taxes in and of itself should normally not be a problem. USCIS is normally interested in the amount of income that a sponsor is earning and how many people he or she is... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: If I have a pending H1B amendment (new location) and valid H1B visa, can I travel to my home country to get H1B stamp?

I currently have H1B visa that kicked off in October 2017, I'm planning to travel home in December and get H1B stamp to come back to the US. Will it be a problem if my H1B amendment application (change of client location) is pending while I'm getting stamp? Amendment hasn't been filed to USCIS yet... Read more »

Roger Carl Algase
Roger Carl Algase answered on Dec 10, 2017

If you are no longer working at the location listed in your current, already approved H-1B petition, it would be safer to postpone your travel until your new H-1B petition is approved. Otherwise, you might have a problem getting your H-1B visa stamp from the US embassy or consulate overseas.

3 Answers | Asked in Immigration Law for New York on
Q: I am waiting for RFE respond for my H1b. Can I marry a green card holder who will be citizen in 2 years?

I came to the U.S on a F1 visa. Started my OPT in February 2017 and company sponsored me for the H1b.

In April 2017, I got selected in the lottery and received a month later a RFE. Submit the RFE and since August 2. 2017 my case is pending.

I have a boyfriend for 3 years. He is on... Read more »

Roger Carl Algase
Roger Carl Algase answered on Oct 26, 2017

Having a pending H-1B case or green card case is not normally an obstacle to filing a different green card case. However, your situation appears complicated, and a personal consultation with an experienced immigration lawyer would be strongly advised.

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1 Answer | Asked in Immigration Law for New York on
Q: On 0-1 visa. Got a new job but when they entered my I-94 info, it says I can only work for my petitioner. is this true?

I thought I can work for any company within my field of expertise. How can I get around needed "approval" from my petitioner? i've worked for tons of jobs the past 3 years without any issue but in this case, the company is having trouble processing my paperwork.

Roger Carl Algase
Roger Carl Algase answered on Sep 20, 2017

An O-1 visa filed an a person's behalf by one employer is not transferable to a different employer. The new employer has to file an entirely new O-1 petition for the same person. The only exception is where the O-1 petition was filed by an agent representing multiple employers. The O-1 beneficiary... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: should a illegal entry child into the usa be listed on parents ds 260 visa application, citizen child filing for gc .

illegal child paroled in has i94 in 2002 Miami Florida, but since moved to NY, file automatically placed in deportation in 2003, said child married in 2012 achieved social number but i601 and i485 denied.working paying taxes, achieved ged and under grad degree.ds 260 is in process now for my... Read more »

Roger Carl Algase
Roger Carl Algase answered on Sep 20, 2017

All questions on a visa application form must be answered fully and correctly. This includes questions about a visa applicant's children.

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