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Questions Answered by Roger Carl Algase
1 Answer | Asked in Immigration Law for Virginia on
Q: I got rfe for my payslips for h1b to h4 COs. I dont have my payslips from Dec 2016 due to maternity leave.

My rfe due date is july 22. My I 94 expires on Aug 31. Suppose my case gets denied when should i leave the country. whether there will be any issues when i go for h4 stamping in my home country. Also if i submit my maternity leave documents from my employer whether my case will be approved

Roger Carl Algase
Roger Carl Algase
answered on Jul 7, 2017

If you can prove that you were on maternity leave and that you intended to return to your H-1B job, there should not be a problem in answering the RFE. You should consult with an experienced H-1B lawyer before taking any action.

Even if you cannot prove that you were planning to return to...
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1 Answer | Asked in Immigration Law, Traffic Tickets and Domestic Violence for Texas on
Q: HI! Can I still continue processing my spousal visa?

Currently processing my spousal visa to Houston Texas but my husband got arrested for giving an expired car insurance.He had a history of DA and was on probation so he surrendered to the police.

Roger Carl Algase
Roger Carl Algase
answered on Jul 7, 2017

Assuming that your sponsoring husband is a US citizen and can show that he can support you, his own court record should not have any effect your eligibility for a marriage based green card. You are not responsible for his alleged criminal activity, However, if he has to go to jail so you cannot... View More

2 Answers | Asked in Immigration Law for Florida on
Q: My girlfriend and I want to get married because we are truly in love. I am a US citizen, she is not and is here on a J1

visa, I want her to stay and marry me in the USA, is there any way she can do that?

Roger Carl Algase
Roger Carl Algase
answered on Jul 6, 2017

If your girl friend is in the US with a J-1 visa she might be subject to the 2-year foreign residence requirement and need a waiver before she can apply for a green card based on your marriage. You and she should consult with an experienced immigration lawyer before taking further action.

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2 Answers | Asked in Immigration Law for New Jersey on
Q: I need consultation regarding I-485 application. I am on H1-B valid until Dec-2019 . My I-140 approved waiting I-485

I have 2 DUIs in Oct 2014 in a span of 2-3 weeks. I have paid all court costs, fines, surcharges, community service and have all the receipts/documentation. If I go abroad for a short trip to my home country will there be any problems with my H1b visa stamping? I heard that I may be referred to a... View More

Roger Carl Algase
Roger Carl Algase
answered on Jul 6, 2017

This would be an excellent time to postpone travelling outside of the US until you consult in person with an experienced criminal immigration lawyer. Which do you want more, your trip or your green card?

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1 Answer | Asked in Immigration Law for Illinois on
Q: Interview for Naturalization on Court Supervision

Hi, I have my immigration interview this week. I was arrested last 2 months ago for first DUI (simple, no child on board and no one injured_; it was amended to reckless driving to which a pled guilty and was sentenced to 18 months supervision. Can my case still be adjudicated? Is it at the... View More

Roger Carl Algase
Roger Carl Algase
answered on Jul 5, 2017

In order to be approved for US citizenship, you need to show good moral character within the past five years. The fact that you were apparently driving DUI, even though your conviction was for a lesser offence, might raise problems, and you should consult with an experienced immigration lawyer in... View More

2 Answers | Asked in Immigration Law for Texas on
Q: Will a ticket for citation 'Drug Paraphernalia possession' have any effect when I re enter us? I am on a f1 visa.

Officers found less than 0.5g of weed on me and an unused smoking pipe. They said no one will know when I apply for jobs and such but the police department of euless will have a record. They said the ticket is about $300. They just gave me a ticket and left. I am very worried because I am going... View More

Roger Carl Algase
Roger Carl Algase
answered on Jul 3, 2017

You might have issues reentering the US when you return. You should consult with an experienced criminal immigration lawyer before you leave.

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1 Answer | Asked in Immigration Law for Kansas on
Q: H1B for 9yr & quit job 1 month back.Does it put me in out of status?Can I do a H1B transfer now if I find a new job soon

Been in H1B with green card priority date:Apr 2010. Had to leave job 1st week of June for personal reasons. Applying for jobs and taking interviews right now. My question is will I be able to transfer from previous job to new one when I get one in next week or should they apply a new one in the 60... View More

Roger Carl Algase
Roger Carl Algase
answered on Jul 3, 2017

There is now a 60-day grace period to file an H-1B transfer petition, beginning from the date of your last day at work in the job you have just left.

1 Answer | Asked in Immigration Law on
Q: Is there any possible way I can gain citizenship or something else from German government?

My father was a prisoner of war in Germany during the WW2. He was a citizen of Soviet Union. Is there any possible way I can gain citizenship or something else from German government?

Roger Carl Algase
Roger Carl Algase
answered on Jul 2, 2017

Das weiss ich leider nicht.

1 Answer | Asked in Immigration Law for California on
Q: expedited removal Immigration judge dismissed without prejudice in 2009. what's next?

DHS released me here in US so I moved on with my life. I did 3 years of probation in California. Now I have been married with a US citizen for at least 6 years. Me and my wife went to see an immigration attorney some months ago and we discuss my case. He said first let's get your FOIA file so... View More

Roger Carl Algase
Roger Carl Algase
answered on Jul 2, 2017

I have no idea of what the lawyer whom you consulted may have found in your file, but it sounds from your question as if it might be something that could get you deported rather than getting you a green card. If you are not sure what this was, you should ask him to clarify, or perhaps ask a... View More

1 Answer | Asked in Traffic Tickets and Immigration Law for Virginia on
Q: My neighbor has been stopped in Virginia and issued a ticket. There were three people in front but only two seats.

Will he under the law 462-855 be required to go to court or can he opt to pay a fine? Concern he has two US born children but doesn't have legal papers. He is Spanish speaker with limited English and has been in US for 15 years.

Roger Carl Algase
Roger Carl Algase
answered on Jul 1, 2017

Your friend needs to discuss this with the best traffic ticket lawyer he can find, to try to resolve the ticket without going to court and without having a criminal conviction on his record that might put him in greater danger of deportation. He should try to get it resolved as a traffic, not... View More

3 Answers | Asked in Immigration Law for Texas on
Q: If someone did a fake marriage to get a green card, would the person get in trouble even if she's now a citizen for4year

Secondly, If a person was falsely arrested for playing loud music and the case was dismissed by a judge. Can this person travel and obtain a green card?

Roger Carl Algase
Roger Carl Algase
answered on Jul 1, 2017

Yup.

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1 Answer | Asked in Immigration Law for California on
Q: I got permanent green card valid for 10 years instead of a conditional 2 years green card. what should I do now?

I came U.S. in January 2017. Then, I got married and filed form I-485. Last month I had an interview for my green card and it got accepted. Recently, I received my green card.

It is a permanent green card valid for 10 years. but, as I know, I should get a conditional 2 years valid green... View More

Roger Carl Algase
Roger Carl Algase
answered on Jun 29, 2017

It might be a good idea to contact USCIS and ask them to replace the apparently mistaken document with a 2-year conditional green card, or to file an I-90 form requesting a corrected green card. Please be sure to consult with an experienced immigration lawyer before taking any action.

1 Answer | Asked in Immigration Law for Texas on
Q: I'm a permanent resident applying for citizenship. I'm in a common law marriage do I put down married or single?

I'm not applying for citizenship base on marriage or anything I'm just wondering if I should put down marry or single, I also file my taxes as married .

Roger Carl Algase
Roger Carl Algase
answered on Jun 29, 2017

This depends on whether you are living in a state that recognizes "common law" marriage as a legal marriage. I am not a Texas lawyer, but I do not believe that any state in the United States recognizes marriage as being valid without an official ceremony.

1 Answer | Asked in Immigration Law for Michigan on
Q: I'm an Iranian student in US. Is there any way for me to trip to my country and be sure that I can get a visa again?

I have changed my status from F2 to F1.

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

In the light of the June 26 Supreme Court decision upholding the president's entry ban order in part, nothing could be more risky and uncertain than traveling to Iran now. Even though as a student in the US, you are within the Supreme Court's clearly stated exception to the ban,... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Do I have to maintain my F1 status, if I'm married to green card holder until I get my green card?

I'm in us army reserve but I have not been able to go to my basic training due to new regulations. So currently I'm maintaining my student status. I'm planning to get married with my girl friend next month who is a green card holder. Once I get married do I still have to maintain F1... View More

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

It would be safer to do everything legally possible to maintain student status for as long as possible - ideally until one actually receives green card approval. Merely waiting for a properly filed green card application to be approved does not confer legal status in the US in and of itself, even... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: Can I stay in the US while I wait for an answer from USCIS?

I came to the US with a tourist visa, I got married to a US citizen and we sent the paperwork to USCIS to adjust my status and get a green card. We haven't received any letter and my time as a visitor in the US is about to end (July 5th). Can I stay longer than the 5th waiting for confirmation... View More

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

You should receive an advance parole travel permit in 2-3 months after you filed for adjustment of status, if your application was properly prepared without any mistakes and after your fingerprint appointment is finished. Then you should be able to leave the US and return using your advance parole.... View More

2 Answers | Asked in Immigration Law, Juvenile Law and Securities Law for Texas on
Q: Can a person in the process of getting their greencard travel within the states?

My family and I are planning to take a roadtrip to California and are planning on taking a friend with us who is in the process of getting his green card. He has a receipt from paying for his application. Is it okay to cross checkpoints going from state to state? Is he allowed to travel within the... View More

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

Under what section of the law is this student entitled to get a green card? Your question does not show that he is eligible for one at all. Even if he is, merely filing for a green card does not confer any legal status in the United States unless the applicant is in this country with some other... View More

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2 Answers | Asked in Divorce and Immigration Law for Texas on
Q: If someone divorces right after getting 2 year green card will they still get the second one?
Roger Carl Algase
Roger Carl Algase
answered on Jun 26, 2017

This depends on numerous details relating to the good faith of the marriage relationship and reason for the divorce which need to be discussed fully and carefully with an experienced immigration lawyer.

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1 Answer | Asked in Immigration Law for Louisiana on
Q: Query about paying my attorney fees?

Hi, I have an H1 approved from my previous employer and need to transfer that to my new employer. My new employer is new in this area and doesn't have an immigration team. The new company is willing to take care of all the USCIS filing fee however has asked me to hire an attorney of my choice... View More

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

No problem with this. Many of my own H-1B clients have this type of arrangement with their employers.

1 Answer | Asked in Employment Law and Immigration Law for Ohio on
Q: What entrepreneurship options do I have as a current H-1B software developer?

I came to the US after graduation in 2014, and have been working as a software developer for 3 years. During this time I have grown both in technical prowess and personally about knowing my career needs. After working for this time as a full-time employee, I have realized that instead of working... View More

Roger Carl Algase
Roger Carl Algase
answered on Jun 25, 2017

Entrepreneur visas allowing you to be your own boss in America are not easy to come by and are subject to many restrictions. Depending on which country you are from and how long it would take to get a green card through labor certification, you might try looking for a company that would be willing... View More

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