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Questions Answered by Samuil Buschkin
4 Answers | Asked in Immigration Law for Florida on
Q: B1/B2 visa expired for me, my wife and my daughter. My son was born in the US. What are my options?

I have electrical engineering diploma from Brazil and have a job offer to work in the US -- but cannot work without proper working permit.

Samuil Buschkin
Samuil Buschkin
answered on Apr 5, 2022

Please speak to a lawyer. If you somehow overstayed the allowed stay and have thus accumulated unlawful presence but want to pursue staying legally in the United States, you must speak to an immigration attorney.

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2 Answers | Asked in Immigration Law for District of Columbia on
Q: Can one person be a joint sponsor for 2 different immigrant friends that are not related ?
Samuil Buschkin
Samuil Buschkin
answered on Apr 5, 2022

Absolutely, as long as the sponsor's income is sufficient per the constantly updated guidelines ("To qualify as a sponsor, you must demonstrate that your income is at least 125 percent of the current Federal Poverty

Guidelines for your household size. The Federal poverty line, for...
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2 Answers | Asked in Immigration Law for New York on
Q: Does not having an H1b visa on passport going to affect my application of marriage green card?

I have H1b visa but due to Covid I haven't been able to change the visa on my passport from F1 to H1b, but I have the I-797A approval notice for H1b. I'm wondering if that will be enough for applying for marriage green card. Thank you.

Samuil Buschkin
Samuil Buschkin
answered on Apr 5, 2022

Your goal is to remain in status with respect to your current status in order to apply for a change of status. The approval notice keeps you in status. The marriage green card is a somewhat separate topic. You should consult an immigration attorney. best of luck.

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2 Answers | Asked in Immigration Law for Florida on
Q: Hi! I am originally from Russia. Came to USA in 2009 with J1 visa.

During all this time I was out of status. My ex boyfriend had DACA at that time. We we hoping to get married but everything went bad and we separated because he started getting aggressive. Since i was out if status i was planning to go back to Russia with my daughter, but now it is not safe there... View More

Samuil Buschkin
Samuil Buschkin
answered on Mar 14, 2022

Hi. Your situation sounds too complex to discuss on a blog. It will definitely require an analysis that you want to do in private with an immigration attorney. The biggest problem that I see is the apparent 'unlawful presence' after the expiration of your J1 visa. You need to speak to an attorney.

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2 Answers | Asked in Immigration Law for New York on
Q: I'm under a j1 visa for a internship and the office offered me a job but they said I need to figure out the visa myself

Is it possible to switch from j1 to another working visa, and what's the process?

Samuil Buschkin
Samuil Buschkin
answered on Mar 10, 2022

Achieving what you describe is a multistep process. A careful analysis of your specific situation must precede any action. I suggest that you consult with an immigration lawyer.

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2 Answers | Asked in Immigration Law for Wisconsin on
Q: Was my removal of conditions done on time?

My conditional green card expired on January 20, 2022. USCIS sent me a I-797 notice of action and the received date by USCIS was also January 20, 2022. Was my removal of conditions done on time or will be considered late filling?

Samuil Buschkin
Samuil Buschkin
answered on Jan 28, 2022

As long as you filed the i-751 within ninety days of the conditional green-card expiration date and because you have the 797 receipt, you should be fine.

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1 Answer | Asked in Business Law for New York on
Q: I’m trying to dissolve my llc right now using the website click dissolve

The LLC has had no business transaction or anything of my knowledge. It was made 1 year and 3 months ago by another Company that had made it for me without me actually being ready for it and then when I told them I don’t think I was going to be ready yet they completely cut off connections with... View More

Samuil Buschkin
Samuil Buschkin
answered on Jan 19, 2022

If the legal entity is an idle and unutilized shell, it's best to dissolve it.

2 Answers | Asked in Immigration Law for New York on
Q: My wife and I did not live together for 5 months for work reasons. Would this affect the marital union timeline? 3 yrs

I am a US Citizen. My wife is on a temporary green card holder. My wife completed school recently. I worked in another state during this time, 5 months. Her and I would like to apply for her citizenship after 3 years, however it sounds like we needed to live together for 3 years. Would this... View More

Samuil Buschkin
Samuil Buschkin
answered on Jan 16, 2022

The rule is "spouse must have been living in marital union with his or her citizen spouse for at least 3 years at the time of the examination on the application, and not at the time of filing". The exact nature of what it means is determined based on the exact circumstances. I suggest you... View More

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2 Answers | Asked in Immigration Law for California on
Q: Can breach of contract be a reason for revocation of green card?

I am an RN who was petitioned by an employer. My green card has already been issued. I resigned after 6 months of being employed with them due to unhealthy work environment therefore resulting to breach of contract and some penalties that I am willing to settle. Will breach of contract be a reason... View More

Samuil Buschkin
Samuil Buschkin
answered on Jan 13, 2022

So if you have your green card already, depending on the type of green card, the USCIS has 5 years to rescind it but it must show that you never had the intent to be in that job which is a burden on them. For practical purposes, unless something took place in addition to what you described, your... View More

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1 Answer | Asked in Immigration Law on
Q: proxy marriage, green card

Hi, thanks in advance for replying my question. I 've recently had a proxy marriage with my wife who is a green card holder of USA. USCIS clearly says, we are not accepting proxy marriage, unless the marriage is consummated. accordingly, my wife plans to travel to my country, so that we can... View More

Samuil Buschkin
Samuil Buschkin
answered on Jan 12, 2022

Your inquiry is a technical one. The federal code only indirectly answers it by requiring consummation of the proxy marriage fir the marriage to be considered valid. So therefore you would need to travel first and file after the consummation, which is an affidavit attesting to the consummation... View More

1 Answer | Asked in Business Law and Contracts for New York on
Q: Do new ownership of a gym have to abide by the old gym contracts or are they invalid due to new ownership?

My old contract says lifetime price guarantee but nothing about if new owners come.

Samuil Buschkin
Samuil Buschkin
answered on Jan 10, 2022

You need to consult a lawyer but typically if a business is sold the buyer is the successor to the seller vis-a-vis existing contractual obligations, unless such are expressly excluded from the sale which in theory could result in seller's liability.

1 Answer | Asked in Business Law for New York on
Q: LLC Agreement language that assigns 50% of Member ownership to someone, but 0% of expenses on their K-1.

Below is my exchange with the CPA. I'm looking for LLC Operating Agreement language that achieves this (my lawyer doesn't know how):

Me: I am giving 50% of the LLC's equity to someone else, but I will be the one fully funding the operations of the business with my own cash.... View More

Samuil Buschkin
Samuil Buschkin
answered on Jan 10, 2022

A competent attorney will be able to draft such an LLC operating agreement. The rules for LLC's are purposely very flexible.

2 Answers | Asked in Immigration Law on
Q: Visa

Hello dear im from Russia and i was USA 2010-for work and travel 3 months valid visa. And i was applied f2 visa for study but its denied. Then i was there until 2012 september that time my daughter was born and we back to Russia That means i was in usa 2 years. How can i back to usa? Its posiible... View More

Samuil Buschkin
Samuil Buschkin
answered on Jan 8, 2022

There are several questions asked by you that would require understanding your history in detail. That means you would need to speak to US immigration lawyer directly. As a general matter, however, a US citizen child of 21 years may petition for a Green Card for a parent.

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2 Answers | Asked in Immigration Law for Texas on
Q: My husband do family violence. He drinks and then beat me. Sometimes he hit my kids as well. I don’t have any valid visa

Can I do complain against him. If I do complain what will happen to me and my kids?

Samuil Buschkin
Samuil Buschkin
answered on Jan 3, 2022

You should contact the police and a lawyer immediately. Don't be afraid. It's your and your kids' life and well-being at stake here. There are solutions but you need help, don't wait too long. There are many organizations that offer support, e.g., https://www.thehotline.org/.

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2 Answers | Asked in Business Law and Trademark for New York on
Q: I registered trademark but someone who used to use the mark years ago without registration is trying to use it now.

I have a band name I have used since 2016. I registered for trademark with USPTO in 2020 and it was officially registered in 2021. I have now learned there was a band which used the name briefly in a different market a few years before my first use and every once in a while after that time.... View More

Samuil Buschkin
Samuil Buschkin
answered on Jan 1, 2022

It's a little counter-intuitive. In the United States, it is actual use of a designation as a mark that creates rights and priority over others, not the registration. Therefore, typically ownership of a mark goes to the first-to-use, not the first-to-file.

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2 Answers | Asked in Immigration Law for California on
Q: I'm currently on O1-A and would like to apply for a GC. Do I have to apply for a new I-140 (EB-1)?

Also, my O1-A is due for renewal in four months. Do I need to renew my O1 before applying for EB-1?

Samuil Buschkin
Samuil Buschkin
answered on Jan 1, 2022

If your status is current you can apply from within the US.

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2 Answers | Asked in Immigration Law for New York on
Q: about permanent green card

Hi, At the time of our i-485 interview, our marriage was less than a year old. The case was approved, a permanent green card for 10 years came, and not a conditional green card for 2 years. In this case, is it necessary to apply for the removal of the conditions in 2 years, , even if my spouse have... View More

Samuil Buschkin
Samuil Buschkin
answered on Dec 30, 2021

I would need to see the actual document but if what you describe is true, and you received an unconditional green card with an expiration date 10 years into the future, then there should be no condition requiring removal. A quick review of your documents by an attorney can give you the final... View More

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2 Answers | Asked in Immigration Law for New York on
Q: Hi Sir,I’m in USA from last 3 years and i came here with C1/D.Can i still apply for an asylum?Please suggest me thanks:)

I came in USA October 2018.Now I’m married here with a citizen.

Samuil Buschkin
Samuil Buschkin
answered on Dec 29, 2021

Asylum requires an application within a year of entry to the US, with a few exceptions that appear not applicable to you based on what information you shared.

You also cannot adjust status from a c1d through marriage.

You probably would need to return to your country of origin and...
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3 Answers | Asked in Immigration Law for Washington on
Q: Can asylum case transfer to work visa(H-1B visa)?

I have an asylum case in the immigration court( my hearing date is in 2023), I'm wondering if I get hired from a company, can I transfer my case to an H-1B visa?

Samuil Buschkin
Samuil Buschkin
answered on Dec 27, 2021

The answer to that depends on how you entered the US before you sought asylum.

If you came in without a proper visa, that is entered the US without inspection, you will not be able to do that.

At the same time, if you entered the US with a visitor or a student visa and those are not...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: I am a US citizen who was living abroad and I have a daughter who was born there how can she become a citizen?

I applied for her mother green card before she was born. Her mother’s case is in NVC now, Does she get added to her mother’s case?

Samuil Buschkin
Samuil Buschkin
answered on Dec 26, 2021

Several factors to be considered to understand whether your child acquired citizenship by birth or whether additional steps are required. Were you and the mom married at the time of birth, is one of them. Best to contact an immigration attorney for an analysis.

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