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Questions Answered by Carl Shusterman
1 Answer | Asked in Immigration Law for Georgia on
Q: Can an alien marry a person with a felony and it not cause issues for his citizenship??

My boyfriend is a alien. He's been in America for 2 years. We are wanting to get married soon but we are concerned because I have a criminal background and I don't want to set him up for failure when we are wanting him to become a US citizen. I have a felony and a recent misdemeanor charge. If we... Read more »

Carl Shusterman
Carl Shusterman answered on Nov 3, 2019

Your background will affect your boyfriend's ability to naturalize once you marry him. He must demonstrate that he, not you, is a person of "good moral character". Please see

https://www.shusterman.com/us-citizenship/

https://www.youtube.com/watch?v=WAzJg9eRKr8...
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1 Answer | Asked in Immigration Law and International Law for Texas on
Q: Obtaining Citizenship

I’m married with my US citizen wife about 5 years and planning to get her my home countries citizenship through marriage. is there any restrictions for US citizens to obtaining another countries citizenship through marriage ?

Carl Shusterman
Carl Shusterman answered on Nov 3, 2019

The United States accepts dual citizenship.

1 Answer | Asked in Immigration Law for California on
Q: Can beneficiary be a pending asylum applicant on I 130 ?
Carl Shusterman
Carl Shusterman answered on Nov 3, 2019

Yes, a spouse or other relative may sponsor the asylum applicant by filing form I-130. Please see

https://www.shusterman.com/greencardsthroughmarriage/

https://www.shusterman.com/greencardsthroughrelatives/

https://www.youtube.com/watch?v=Kf97TFtMUdA...
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1 Answer | Asked in Immigration Law for Michigan on
Q: Hello

My 24 year old brother has illegal status in the US. He was brought over when he was a newborn. Been here all his life and has his GED. Has never committed a crime. Unfortunately, he didn't apply for DACA. Everyone in the family is a US citizen. Is there a way for him to obtain legal status at this... Read more »

Carl Shusterman
Carl Shusterman answered on Nov 3, 2019

The most common way to legalize his immigration status would be for him to enter into a bona fide marriage with a U.S. citizen. Please see

https://www.youtube.com/watch?v=Kf97TFtMUdA

https://www.shusterman.com/greencardsthroughmarriage/...
Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: Can you get deportation against someone who is illegal and has overstayed his visa

He is Giving a hard time and Harrasing the person.

Carl Shusterman
Carl Shusterman answered on Nov 3, 2019

You can go to ICE and report this person.

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2 Answers | Asked in Immigration Law for Washington on
Q: Im still married in the Philippines but i wanted to marry my Bf in cali (green card holder). How do we get things done?

Husbnd and I are separated already in PH but not legally. I only have tourist visa here in the US.

Carl Shusterman
Carl Shusterman answered on Nov 3, 2019

You need to get a divorce in the United States before marrying your boyfriend.

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2 Answers | Asked in Immigration Law for New York on
Q: I am petitioning for my mom. my siblings are 13 and 1 1/2 will they be able to come as a derivative on her application
Carl Shusterman
Carl Shusterman answered on Aug 30, 2019

Unfortunately not. Assuming that you are a US citizen 21 years of age or older, your mother is considered your "immediate relative". Immediate relatives are able to immigrate to the US, but cannot have "derivative" relatives join them. Please see... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Hi Iam from morocco , i had my conditional green card 10/14/2015 and 10/14 / 2017 get expired .

They sent to me an extension letter for one year , I already file from I175 to move fron conditional to permanent in this case i need to know what is the Next step is it a new interview or another extention letter .

Thank you for answering me .

Carl Shusterman
Carl Shusterman answered on Jun 30, 2018

It depends. If you and your spouse filed the I-751 jointly, and your attached documents are proper, you may get a 10-year green card before the expiration date of your one-year extension. If you are divorced, expect that you will be interviewed in a few months.

2 Answers | Asked in Immigration Law on
Q: My kids are going to school with a B1 visa. What can happen when it will be time for me to obtain my green card.

I already have an I-130 approved, category F4.

Carl Shusterman
Carl Shusterman answered on Jun 30, 2018

Children can not attend school in the US on B-1 visas. You can apply for F-1 student status for them.

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1 Answer | Asked in Immigration Law for North Dakota on
Q: Is there anything that can be done to avoid deportation?

In the state of North Dakota a family was on their way home when a police officer pulled them over for a bad license plate light. One daughter who is a citizen was driving .The officer asked everyone in the car for identification. Mother and father were passengers including their youngest child who... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 30, 2018

She is probably eligible to apply for a green card through cancellation of removal.

Here are the requirements:

If you have been placed in removal proceedings and you have resided in the United States for a long period of time, you can apply for Cancellation of Removal for non-LPRs...
Read more »

1 Answer | Asked in Immigration Law for Mississippi on
Q: OPT Status

Hello.

I am from Iran.I am single and I am on F-1 visa, recently graduated with M.Sc. in Engineering Geology, so I filed for OPT and received my authorization card on 15th May.

Now 45 days of the unemployment is passed and I still couldn't find any internship or volunteer jobs as... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 30, 2018

An F-1 student on post-completion OPT may also be self-employed. See, “Policy Guidance For Student and Exchange Visitor Program and Designated School Officials of SEVP-Certified Schools with F-1 Students Eligible for or Pursuing Post-Completion Optional Practical Training” (Policy Guidance... Read more »

1 Answer | Asked in Immigration Law for Mississippi on
Q: OPT Status

Hello.

I am from Iran.I am single and I am on F-1 visa, recently graduated with M.Sc. in Engineering Geology, so I filed for OPT and received my authorization card on 15th May.

Now 45 days of the unemployment is passed and I still couldn't find any internship or volunteer jobs as... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 30, 2018

An F-1 student on post-completion OPT may also be self-employed. See, “Policy Guidance For Student and Exchange Visitor Program and Designated School Officials of SEVP-Certified Schools with F-1 Students Eligible for or Pursuing Post-Completion Optional Practical Training” (Policy Guidance... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Can my cousin sponsor me a green card? I am legal in the states with F1 visa and just 19.
Carl Shusterman
Carl Shusterman answered on Jun 29, 2018

No, only spouses, siblings, parents and adult sons and daughters can submit a family-based visa petition on your behalf.

1 Answer | Asked in Immigration Law for Colorado on
Q: What's the first step to getting an h1b visa?
Carl Shusterman
Carl Shusterman answered on Jun 29, 2018

Before you can submit an H1B visa petition and carry out the H1B application process you must first find a sponsoring company or employer. If you’re currently in the United States as a student on an F1 visa, you should check with your employer as to whether or not they can sponsor you on an H1B... Read more »

1 Answer | Asked in Immigration Law for Ohio on
Q: Will someone here on a visa who gets a traffic ticket get deported?
Carl Shusterman
Carl Shusterman answered on Jun 29, 2018

No, a traffic ticket is not a crime, and is not a ground for deportation.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Immigration Law on
Q: My husband got charged for assault on me and I helped him in to find him lawyer can I be in trouble?

My husband got charged for assault on me there is all 3 charges on him and case is still in the court. Court issues restraining order in which he cannot contact me and my daughter. But Than we start talking to each other after some time and he went back to India and start giving me threatening... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 29, 2018

This is an issue which needs to be addressed by a criminal attorney rather than an immigration attorney.

2 Answers | Asked in Immigration Law for Ohio on
Q: Am I a dual citizen?

I was born in the Philippines to an unmarried US Citizen Dad and Philippine citizen mother. I have my US citizenship now, a US Consular Birth certificate of being born abroad and currently reside in the US. I was wondering if I still had my Philippine citizenship. I have done nothing to renounce... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 28, 2018

Probably not. You need to contact the closest Philippine Consulate to inquire.

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1 Answer | Asked in Immigration Law for Ohio on
Q: deported from Ohio in attempt to sell marijuana 9 1/2 years ago can I come back? I’m married to an American w/a son
Carl Shusterman
Carl Shusterman answered on Jun 28, 2018

This is going to be very difficult. A conviction for the sale of a controlled substance may render you permanently inadmissible. You may want to contact a criminal lawyer to see if you can either get your conviction "vacated" or if you can get a "pardon" from the Governor of Ohio.

Carl...
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2 Answers | Asked in Immigration Law for Florida on
Q: Will a short term living apart be basis for a marriage based green card denial?

I married me US citizen spouse a year ago, after I arrived in the country on a k1 visa. We've been together for 6 years and currently live together. We have without a doubt a bonafide marriage. We applied for my marriage based green card a year ago and are waiting for an interview. My husband is... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 28, 2018

This will be a problem. You will need to explain the situation to the USCIS in detail and provide proof of the bona fide of your marriage - wedding photos with parents, joint property, etc.

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1 Answer | Asked in Immigration Law for Virginia on
Q: Is the April 2004 nsc flash memo still valid?

Is the April 2004 nsc flash memo still valid? Are there consequences for failing to notify uscis of a separation after filing joint 751?

Carl Shusterman
Carl Shusterman answered on Jun 28, 2018

I am not sure what you mean by the "April 2004 nsc flash memo". Please be more precise.

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