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Questions Answered by John Alexander Bates
3 Answers | Asked in Immigration Law for South Carolina on
Q: Our concurrent I 130 and AOS application got rejected twice. Is it safe to re-apply but just the Petition or I130 first?

I petitioned my wife and she also filed her AOS together with the I -130, she was in J1 visa. Unfortunately, it was rejected twice and because she wasn't able to send the form I-944. She is now out of status, but her visa is NOT subject to a 2 year home residency rule. Now if we will try... Read more »

John Alexander Bates
John Alexander Bates answered on May 2, 2020

It's to to hire a lawyer to help you with it this time.

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2 Answers | Asked in Immigration Law for New Jersey on
Q: How likely is it that our marriage based green card application would be rejected based on our Affidavit of Support?

My spouse is a college student. In 2017, my spouse made about $3,000 from employment, while I made about $14,000. In 2018, my spouse made about $3,000 and I made about $4,000 from employment. In 2019, we got married and filed a joint tax return for the year. In 2019, she made about $1,000 from... Read more »

John Alexander Bates
John Alexander Bates answered on May 1, 2020

You may want to get a joint sponsor to be safe.

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2 Answers | Asked in Immigration Law and Municipal Law for New Jersey on
Q: What measures do a couple who are age apart and one illegal have to make?

The couple is 13 years apart and the man is of illegal status. Will there be any complications in the process of trying to get married? Also let's say the girl is trying to get a legal status for her parents, will her getting married affect that as well?

John Alexander Bates
John Alexander Bates answered on Apr 30, 2020

They can get married but applying for a green card may be a bit complicated. If she sponsors her parents too she will have to prove that she can support them and her husband. If not she will have to get a joint sponsor to show sufficient income to support everyone.

Also, if they are...
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2 Answers | Asked in Immigration Law for New Jersey on
Q: I have applied my green card and recently received SSN and EAD as a L2 visa holder. Can I travel outside of the US?

When I read through USCIS website, it seems fine if I have a valid L visa. However, I do not know if it is possible for me to travel outside of the US with an EAD card or when my green card is under processing.

John Alexander Bates
John Alexander Bates answered on Apr 27, 2020

You should apply for advanced parole if you want to leave while your green card is pending.

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3 Answers | Asked in Immigration Law for New York on
Q: My boyfriend and I are getting married. He is a US Citizen and I have Daca

He’s an NYC police officer. I work in a hospital and going to school for Nursing I also have 2 US children from a previous relationship does that affect our case in any way?

John Alexander Bates
John Alexander Bates answered on Apr 26, 2020

One issue to consider, if you entered illegally you may need an unlawful presence waiver. Other than this, your case seems fairly routine.

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4 Answers | Asked in Immigration Law for New York on
Q: Hi, I am currently studying in the USA and hold F-1 Visa status. My wife is a US citizen.

Hi, I am currently studying in the USA and hold F-1 Visa status. My wife is a US citizen. We wanted to apply for the immigration status this month. Do these new restrictions preclude our chances of applying to it?

I am currently living in the US

John Alexander Bates
John Alexander Bates answered on Apr 26, 2020

No, you should be fine as long as you stay in the United States.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Immigration hold and Prison Covid-19

Changes show the they will be releasing inmates from prison. If an inmate has a hold on them will they be taken or will they be able to come home.

John Alexander Bates
John Alexander Bates answered on Apr 13, 2020

If they have an ICE detainer, theoretically they could be picked up any time. However, the liklihood of ICE enforcing the detainer is lower now due to the pandemic. But, no guarantees.

2 Answers | Asked in DUI / DWI and Immigration Law for Connecticut on
Q: I got arrested for my first DUI back in November 19, the judge sealed my case and now I want to apply for citizenship.

I got a green card 5 years ago through the dv lottery. I want to know if I will have a problem at the interview since I got arrested, but I didn’t got charged at the court.

John Alexander Bates
John Alexander Bates answered on Apr 10, 2020

Yes, you will have a problem. Generally you have to wait five years after your criminal disposition to apply for citizenship.

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1 Answer | Asked in Immigration Law for New York on
Q: EB-2 Green card withdrawal

Hi,

I'm a resident alien in the US with an O1-B visa. My actual company just started the process for an EB-2 green card, but I may have a way better job offer on the table from a different company. If I will accept the offer, obviously my current employer will withdraw the petition.... Read more »

John Alexander Bates
John Alexander Bates answered on Apr 6, 2020

You might want to just complete the current EB-2 process and get your green card. After a year or so you can work for another employer. Withdrawing and resubmitting with a new employer could get messy.

Ask your second employer's attorney how they would handle this before you go down this road.

1 Answer | Asked in Immigration Law for New York on
Q: Will requesting unemployment affect my application for citizenship?

If I am a full time uber driver and I get 1099. If I request unemployment from the CARES act, will it affect me getting my citizenship?

John Alexander Bates
John Alexander Bates answered on Apr 6, 2020

It should have no impact.

1 Answer | Asked in Immigration Law on
Q: Can you apply for an F-1 visa for university while waiting for an I-130 green card if you are from oustide the USA?

My wife and I (US citizen) applied last fall in November, and we fear due to Covid-19 we could see a delay of 3-5 additional months of waiting. One of our solutions was whether it was possible for her to apply for university in the US and live on a F-1 visa while awaiting her green card? Does... Read more »

John Alexander Bates
John Alexander Bates answered on Apr 6, 2020

I would just wait. An F-1 is a non-immigrant visa and you have an immgrant visa pending. If there are delays, so be it. Schools may not even be in session for another 6 months. Be patient and wait for the I-130 to process.

2 Answers | Asked in Immigration Law for New York on
Q: Can my asylum case be denied if I apply for unemployment?

My hearing is next year. I recently lost my job due to COVID-19 so I have no source of income.

John Alexander Bates
John Alexander Bates answered on Apr 6, 2020

Asylum is not subject to the Public Charge rule. So your finances are not taken into account.

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3 Answers | Asked in Immigration Law for New York on
Q: Pending asylum, travel outside the country - emergency!

I have an question from New York City. I am waiting for an asylum interview almost one year. So Far Was not schedule. it It is for one year already. I came with an F1 visa. I requested asylum when my visa was still okay. I want to go to Mexico, because of the CoronaVirus, I have the option to be... Read more »

John Alexander Bates
John Alexander Bates answered on Apr 6, 2020

If you leave without advanced parole, your asylum petition will be deemed abandoned.

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