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Questions Answered by Joshua L. Goldstein
1 Answer | Asked in Immigration Law for Arizona on
Q: If my US property is invaded by undocumented immigrants, do I have a right to evict them?
Joshua L. Goldstein
Joshua L. Goldstein
answered on Jan 9, 2011

Of course you do! If someone, regardless of their immigration status, is violating your property rights, you have the right to take action against him or her.

1 Answer | Asked in Immigration Law for New York on
Q: My sponsor has recently filed an application to the Attorney general for the disposition of down payment. How long does

How long does it take to get to a hearing?

Joshua L. Goldstein
Joshua L. Goldstein
answered on Jan 6, 2011

Can you clarify how your question related to immigration law? Perhaps your question was miscategorized.

1 Answer | Asked in Immigration Law for New York on
Q: I worked in the mission as a G1 visa. Can I apply for a green card?
Joshua L. Goldstein
Joshua L. Goldstein
answered on Jan 6, 2011

If you worked on a G1 visa, you may apply for a green card through family, employment, the DV Lottery or other means. But your former G1 status won't make you eligible to become a permanent resident.

1 Answer | Asked in Immigration Law for Florida on
Q: How do I find out if someone is using another persons identy living in the states from another country
Joshua L. Goldstein
Joshua L. Goldstein
answered on Jan 5, 2011

I'm not sure I fully understand your question. But one way to find out if someone else is using your identity is to request and review your credit reports.

1 Answer | Asked in Immigration Law for Texas on
Q: Can I apply for admission 212 more than once in the year if I need to go to the States for 3 separate occasions?
Joshua L. Goldstein
Joshua L. Goldstein
answered on Jan 5, 2011

Maybe. It depends. Do you have a visitor visa? Perhaps you don't need one. If you are seeking admission as a nonimmigrant at a U.S. port of entry and you aren't required to obtain a nonimmigrant visa, you should file Form I-212 with CBP in person. You should consult with an immigration lawyer.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can someone with a felony get a passport?
Joshua L. Goldstein
Joshua L. Goldstein
answered on Jan 5, 2011

I presume that your question is "can someone with a felony conviction qualify to become a naturalized U.S. citizen?" The answer is that it depends on the nature of the offense and when it was committed. "Felony" is a state law classification that usually has little relationship... Read more »

2 Answers | Asked in Immigration Law for New Jersey on
Q: Can an uncle file an asylum petition for an accompanied minor, whose father objects?
Joshua L. Goldstein
Joshua L. Goldstein
answered on Jan 5, 2011

I'd need to know a lot more about your situation to give you advice. But here are few general points: A child has an independent right to file for asylum in the U.S. But you, as an asylee uncle, can't file a petition for asylee relative for your niece or nephew.

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: HI. what recourse does a former h1b employee have to recover back wages if they have already left the US?
Joshua L. Goldstein
Joshua L. Goldstein
answered on Jan 5, 2011

If your employer owes you money for unpaid wages, you may sue to collect even though you are not longer employed in the U.S. or by that employer. You may have difficulties pursuing a lawsuit against your former employer if you aren't living in the U.S. But no immigration law or regulation... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: My question is i married a gentleman from veracruz mex am i able to get him his papers i have been with him 2 yrs
Joshua L. Goldstein
Joshua L. Goldstein
answered on Jan 5, 2011

Sure! Why not? To help your husband get a green card, you must prove that your marriage is based on a relationship that is bona fide. If your husband lives in the U.S., you need to consider whether he qualifies for the adjustment of status (I-485) process. If he is living in Mexico, he can... Read more »

1 Answer | Asked in Immigration Law for Georgia on
Q: What can one do if the 30 day immigration appeal/motion period has long expired? (couple of years uhm!)
Joshua L. Goldstein
Joshua L. Goldstein
answered on Jan 5, 2011

It depends. I'd need to know more information about your case and why it was denied before I could advise you. In general, your probably have 3 options: 1. simply refile your application. 2. File a motion to reopen. Give that the case was denied a couple of years ago, I'm not sure... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: My intended fiance applied for USA business visa and got denied and now plan to apply for K1 or CR1, will it have any

Will it have any negative effect or impact on K1 or CR1 application?

Joshua L. Goldstein
Joshua L. Goldstein
answered on Jan 5, 2011

Probably not. The Consulate probably denied your fiance because of it thought he or she had "immigrant intent," which is a no-no for potential visitors. But if your fiance wants to marry you and immigrate to the U.S., "immigration intent" is no problem.

1 Answer | Asked in Immigration Law for Tennessee on
Q: I-129 and I-539 problem , please helpppppppppppppp:)

I applied for I-129 (new employment)and received an approval for my dependent we applied by mistake for I-539 and got denial, received a letter containing that she is out of status, need to leave usa but we can apply for motion to reopen the case , I-94 is valid till 2011, don't know what to do?

Joshua L. Goldstein
Joshua L. Goldstein
answered on Jan 5, 2011

You urgently need to consult with an attorney with substantial experience in employment-based immigration. Each day that your dependent remains out of status or arguably out of status, your chances of fixing the problem diminish.

1 Answer | Asked in Immigration Law for Louisiana on
Q: Can you explain to me what notice for removal means

If you have additional details about your question fill them here

Joshua L. Goldstein
Joshua L. Goldstein
answered on Jan 5, 2011

I don't know. "Notice of removal" isn't something I've seen. Perhaps you mean "notice to appear" in immigration court, which is essentially a charging document that initiates removal or deportation proceedings. Or you might be referring to an "order of... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: What is a petition for writ of mandamus
Joshua L. Goldstein
Joshua L. Goldstein
answered on Jan 5, 2011

I lectured at the 2010 AILA National Conference on mandamus litigation. In the immigration context, a petition for writ of mandamus is a legal complaint filed in US district court, which alleges that USCIS, the Dept of State and/or other immigration agencies have failed to take action on your... Read more »

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: My wife's entry visa for permanent resident status was granted in 10-2010.

We will enter the US AFTER our 2nd wedding anniversary 01-2011. Are we able to file the joint petition to remove conditional basis once we are inside the US, or do we still have to wait for the 2 year conditional period to run before filing the I-751?

Joshua L. Goldstein
Joshua L. Goldstein
answered on Jan 3, 2011

You may have a serious problem--and it's not the I-751. Permanent residents are required by law to "establish residency" in the U.S. or risk losing their green card through abandonment. If your wife is a permanent resident, she can't live abroad without possibly violating the... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: I need legal advice I'm in US over 25 yrs and want to become citizen
Joshua L. Goldstein
Joshua L. Goldstein
answered on Jan 3, 2011

Please contact me. I would be happy to help you explore your immigration options. But keep in mind that to become a U.S. citizen through naturalization, you must first be a permanent resident.

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1 Answer | Asked in Immigration Law for Ohio on
Q: A married US Citizen marries in a foreign country.What is the legal punishment?
Joshua L. Goldstein
Joshua L. Goldstein
answered on Jan 3, 2011

I don't understand your question. In general, there is no punishment for getting married in a foreign country. And a valid, legal marriage abroad is generally recognized as valid under state and federal law in the U.S.

2 Answers | Asked in Immigration Law for New York on
Q: What can I do about a harrassing neighbor?

My neighbor constantly screams obsenities at the top of his lungs in the early hours of the morning. He Screams terroristic things like "9-11 happened for a reason" and "I'll kill anyone that wants a piece of me". He also has approached us outside to tell us he hopes we... Read more »

Joshua L. Goldstein
Joshua L. Goldstein
answered on Jan 3, 2011

Under Massachusetts law, if your neighbor is threatening you, you could file a restraining order at your nearest police station. Perhaps a similar option exists in new york.

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1 Answer | Asked in Immigration Law for California on
Q: Does someone have to be a US citizen to be admitted to practice law in the US?
Joshua L. Goldstein
Joshua L. Goldstein
answered on Jan 3, 2011

No, you don't have to be a U.S. citizen to practice law. Each state has its own regulations regarding attorney licensing.

2 Answers | Asked in Immigration Law for Washington on
Q: I got deported fro U.S to UKRAINE because of my criminal offenses , now i want to try canada do u think thats possible??

I have some reliteves in canada do u think its a possibility that they'll let me in ,will they check my us background??

Joshua L. Goldstein
Joshua L. Goldstein
answered on Jan 3, 2011

Like most of the lawyers on this website, my expertise and license to practice is limited to U.S. law. For advice on immigration to Canada, you should consult with a Canadian lawyer.

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