Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Samuil Buschkin
1 Answer | Asked in Immigration Law for Maryland on
Q: Can I do a change of status from j1 to a student visa for fall 2023, if my j1 would expire in April 2023?

My J-1 visa is via Au Pair program and it expires April 2023, if I apply for a change of status now with an I-20 for Fall 2023 admission, will I be considered out of status between April and September?

PS: My J1 Visa states that, I’m not subject to the 2 years home return rule.

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2022

You should speak to an experienced lawyer, respectively. However, the threshold question will be whether this J1 program waives the 2-yr foreign residency requirement that many J1 Visas have.

1 Answer | Asked in Immigration Law for Colorado on
Q: I’m i automatically a us citizen

Hey my mom got her naturalization when I was 15th years old but I was not a permanent resident. So she applied for me right after she got her citizenship and I got my green card when I was 19th and now when I was applying for a citizenship it says I may be already a us citizen because my mom was a... View More

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2022

I would still consult an attorney but generally, these are the rules that apply:

In order for children to naturalize at the same time as their biological parent, they must meet all of the requirements below.

The child has at least one parent, including an adoptive parent who is a...
View More

2 Answers | Asked in Immigration Law for California on
Q: Good day, My wife and I are applying for naturalization.

We have received a notice today that our N400 naturalization interview is scheduled during a long planned vacation overseas. Is it safe to reschedule the interview or should I just cancel the vacation and try to reduce the non-refundable costs? Thank you!

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2022

You must inform the USCIS in writing about the important family or personal reason for why attending their assigned date is impossible for you. A simple family vacation might not be enough grounds to receive a rescheduled date. Speak to a lawyer, is my suggestion.

View More Answers

1 Answer | Asked in Immigration Law on
Q: I am a refugee in process for green card, they requested a second interview with my son present, what could be the cause

My wife's green card has already came. Mine was on the last steps (medical etc)

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2022

If you are in removal proceedings before an immigration judge, you should immediately find an immigration attorney who handles removal defense. The same goes for asylum petitions before the USCIS - get a lawyer to consult and accompany you.

2 Answers | Asked in Banking, Business Formation and Business Law for New Jersey on
Q: How do you start a business?
Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2022

There is a lot that goes into asking and answering this question. The legal aspects are probably secondary to business planning. Before you need an attorney you need to have a clear idea, a business plan, sufficient funding, and the right personal environment to launch a business.

View More Answers

1 Answer | Asked in Immigration Law for Texas on
Q: H1b holder commute US MX border daily, any issue?

I am currently a H1B visa holder. My company has offices in Texas and Mexico, and I am asked to travel back and forth the border every day. Is there any law preventing me from doing so? And will this effect my status in any way? Thanks in advance

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2022

Typically, when traveling on an H-1B visa the following documentation to reenter the U.S. is required:

Valid passport with at least 6 months of validity at the time of admission to the U.S.

Valid H-1B visa stamp in your passport,

Original H-1B approval notice (I-797)...
View More

2 Answers | Asked in Immigration Law for Maryland on
Q: I’m US citizen and my married to a nonresident, they denied her asylum application and send her to court . What can I do

To adjust her status

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2022

You should consult a lawyer. It seems like some crucial fact is not included in your description. Typically a spousal petition should be the correct path for a married couple to follow.

View More Answers

2 Answers | Asked in Immigration Law for California on
Q: What should I do if I cannot get CPT for an internship for non-US company?

I am a F1 student and I'd like to work remotely as an intern for a company outside the US. I talked to multiple advisers at my school's international student services and they told me that, as the company does not have US presence (they checked the company website), they cannot issue CPT... View More

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2022

What you intend to do afterward, like filing a petition based on marriage is not directly relevant to observing the rules regarding CPT or OPT. Your concern is best discussed with an experienced lawyer first and later with your school. It sounds like a solution in your case is realistic.

View More Answers

1 Answer | Asked in Immigration Law for Missouri on
Q: I am on j2 visa, can I buy cryptocurrency if I don't plan to sell it or trade it but hold it
Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2022

The short answer is yes. The issues may arise when it comes to setting up a crypto wallet unless you already have that. But generally your visa status and your legal right to purchase liquid assets are not directly related.

2 Answers | Asked in Business Law for New York on
Q: Can an LLC that is registered for doing music Conduct business that is non-music related?
Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2022

The short answer is: It depends!

I suggest you speak to a lawyer.

View More Answers

2 Answers | Asked in Business Formation, Business Law, Internet Law, Copyright and Trademark for New York on
Q: I have a DBA in NYC (advertising, marketing agency), and want to sell one of our services from a website for just that

Am I protected from having my new site's logo/idea/branding infringed upon?

The new name will be listed as a project of mine/my DBA on both websites.

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2022

A d/b/a (doing business as) is simply an alternative trade name for a business. Different states have registration requirements for DBA's. A trademark protection or copyright protection are an entirely different issue. There is a process underlying the registration of a trademark or a... View More

View More Answers

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: I came from Lithuania to the USA when I was nine years old in 2009. I have overstayed my Visa. Am I DACA eligible?
Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2022

As of July 28, 2020, and August 21, 2020, implementing the Supreme Court decision USCIS will not accept any applications from first-time applicants who have never had DACA before.

View More Answers

1 Answer | Asked in Consumer Law, Contracts and Business Law for New York on
Q: NY Gen Bus L Section 624(2) (2021) Does the 3 days begin running only once the buyer receives a copy of the contract

Hello, I am trying to properly interpret Section 624 - Rights of cancellation of contracts for services. If the buyer never received any form of a copy of the contract until requesting it two months after the start date, does the three business day period for a right to cancellation apply once the... View More

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2022

I believe that you are best advised to speak to a lawyer because of the very fact-specific nature of your question.

1 Answer | Asked in Immigration Law for New York on
Q: Can I leave the US at the end of my degree and come back with an ESTA?

I need to wrap up some loose ends and I have a wedding to attend at the beginning of October, is it possible to go to Canada for a day (and finish my F-1 stay) and return immediately on an ESTA?

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2022

You may most likely take a trip of fewer than 30 days to countries contiguous to the United States and reenter on an expired visa provided you have proper documentation and have not applied for a new visa during the visit. Canada would be such a contiguous country.

2 Answers | Asked in Estate Planning and Business Law for New York on
Q: S Corporation 4 equal share owners , if one of the owner die , how to keep his shares within Corporation

If one owner die , how to avoid outsider demands

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2022

There are several unknowns here and best to direct your question to an attorney, who can review the documents. In a nutshell, it all depends! It depends on the corporate structure, governing documents (and always but not likely primarily here on applicable laws). It is generally absolutely doable... View More

View More Answers

2 Answers | Asked in Criminal Law and Immigration Law for South Carolina on
Q: Will I have trouble in the airport?

Me and my friend made a terrible mistake trying to steal from Walmart. They called the police and the police wanted to schedule the court for May 19. We had flight tickets (we are international students) to go home in the next week so they somehow could hold the “court” right there at the... View More

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2022

I suggest you get a South Carolinian criminal defense attorney or a local immigration lawyer who also practices criminal law in order to get this taken care of properly. Often, if not handled, right certain criminal charges will much later present a problem in the immigration context.

View More Answers

2 Answers | Asked in Landlord - Tenant, Tax Law and Business Law for New York on
Q: I live in the US and own a condo in Jamaica, WI I want to rent to vacationers. What do I need to do to?
Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2022

If you make any income from your rental activity, per US Tax law, you must include it in your annual tax return. The way you organize or register your activity abroad is a matter of applicable local or international law abroad.

View More Answers

2 Answers | Asked in Immigration Law for Colorado on
Q: Is it possible to travel internationally with an expired 24-months extension letter while the I-751 case still pending?
Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2022

I suggest not to travel under these circumstances and would immediately consult an immigration lawyer.

View More Answers

1 Answer | Asked in Immigration Law for Texas on
Q: I’m filing a i864 to sponsor my wife but I have unemployment benefits during the Covid shut down would that count as inc

So I’m sponsoring my wife and my business was closed due to Covid shut downs for most of 2020 and half of 2021. I received unemployment benefits in 2020 and 2021. I will list my income down below

2019- $41,300

2020- $31,100 ($20,700) from unemployment benefits and $13,800 from... View More

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2022

Some sources of income related to unemployment can't be included in income within the scope of form I-864 ( food stamps, SSI, Medicaid, and TANF), unemployment benefits are included and count as income. To see whether your total annual income, per household size, qualifies you as a sponsor,... View More

1 Answer | Asked in Immigration Law on
Q: Uscis pending i751 since 2017

Interview held at april 2021

Went smooth but no decision was made

N400 fioed in august No where to end this

Cis inwuiry resukted in case been under extended review

What the hell does it mean

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2022

Hi. Not sure why you filed for citizenship without having the condition removed first. Sadly, processing times have become rather long (often exceeding validity of conditional green card). As long as you have the 'under review' notice you remain in status. At some point USCIS should... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.