Questions Answered by Carl Shusterman

Q: Hi Iam from morocco , i had my conditional green card 10/14/2015 and 10/14 / 2017 get expired .

1 Answer | Asked in Immigration Law for Florida on
Answered on Jun 30, 2018
Carl Shusterman's answer
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.
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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.

2 Answers | Asked in Immigration Law on
Answered on Jun 30, 2018
Carl Shusterman's answer
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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Q: Is there anything that can be done to avoid deportation?

1 Answer | Asked in Immigration Law for North Dakota on
Answered on Jun 30, 2018
Carl Shusterman's answer
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 before an Immigration Judge if you satisfy each of the following conditions.

You have been physically present in the U.S. for a continuous period of ten years prior to the institution of...
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Q: currents.plos.org/outbreaks/2018/06/30/espnlive-watch-argentina-v-france-live-fifa-world-cup-2018-online-streamin

1 Answer | Asked in Immigration Law and Products Liability for California on
Answered on Jun 30, 2018
Carl Shusterman's answer
This is not a legal question.
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Q: OPT Status

1 Answer | Asked in Immigration Law for Mississippi on
Answered on Jun 30, 2018
Carl Shusterman's answer
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 1004-03 – Update to Optional Practical Training; USICE, April 23, 2010), at page 18:

“Self-employed business owner. A student on OPT may start a business and be self-employed. The student...
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Q: OPT Status

1 Answer | Asked in Immigration Law for Mississippi on
Answered on Jun 30, 2018
Carl Shusterman's answer
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 1004-03 – Update to Optional Practical Training; USICE, April 23, 2010), at page 18:

“Self-employed business owner. A student on OPT may start a business and be self-employed. The student...
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Q: Can my cousin sponsor me a green card? I am legal in the states with F1 visa and just 19.

1 Answer | Asked in Immigration Law for New York on
Answered on Jun 29, 2018
Carl Shusterman's answer
No, only spouses, siblings, parents and adult sons and daughters can submit a family-based visa petition on your behalf.
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Q: What's the first step to getting an h1b visa?

1 Answer | Asked in Immigration Law for Colorado on
Answered on Jun 29, 2018
Carl Shusterman's answer
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 visa. If you are on an L1 visa or another visa status, it’s best to contact an immigration attorney to explore your specific case.

H1B Visa 2018 Quota Categories

The H1B quota is the...
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Q: Will someone here on a visa who gets a traffic ticket get deported?

1 Answer | Asked in Immigration Law for Ohio on
Answered on Jun 29, 2018
Carl Shusterman's answer
No, a traffic ticket is not a crime, and is not a ground for deportation.
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Q: My husband got charged for assault on me and I helped him in to find him lawyer can I be in trouble?

1 Answer | Asked in Criminal Law, Divorce, Family Law and Immigration Law on
Answered on Jun 29, 2018
Carl Shusterman's answer
This is an issue which needs to be addressed by a criminal attorney rather than an immigration attorney.
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Q: Am I a dual citizen?

2 Answers | Asked in Immigration Law for Ohio on
Answered on Jun 28, 2018
Carl Shusterman's answer
Probably not. You need to contact the closest Philippine Consulate to inquire.
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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

1 Answer | Asked in Immigration Law for Ohio on
Answered on Jun 28, 2018
Carl Shusterman's answer
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 Shusterman

www.shusterman.com
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Q: Will a short term living apart be basis for a marriage based green card denial?

2 Answers | Asked in Immigration Law for Florida on
Answered on Jun 28, 2018
Carl Shusterman's answer
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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Q: Is the April 2004 nsc flash memo still valid?

1 Answer | Asked in Immigration Law for Virginia on
Answered on Jun 28, 2018
Carl Shusterman's answer
I am not sure what you mean by the "April 2004 nsc flash memo". Please be more precise.
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Q: When applying for a K1 visa, do I need to list an arrest that led to juvenile diversion and has since been expunged?

2 Answers | Asked in Immigration Law for Ohio on
Answered on Jun 28, 2018
Carl Shusterman's answer
Yes, you do. You can ask the Court where you were convicted for your Records of Conviction, expungement, etc.
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Q: I canceled my fiancé visa once by sending a letter that I don’t want him anymore

1 Answer | Asked in Immigration Law for Arizona on
Answered on Jun 28, 2018
Carl Shusterman's answer
You broke up and got back together again? If so, this will subject to your new petition to additional scrutiny.
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Q: Can i apply for green card while i am visiting USA in B1/B2 visa?

1 Answer | Asked in Immigration Law for New York on
Answered on Jun 28, 2018
Carl Shusterman's answer
Do I have to wait for 90 days from my last entrance in USA for applying I-130?

It should not be your intention to adjust your status in the US when you arrive as a visitor.

I recommend that you speak with an immigration attorney in private about your questions.
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Q: If my current partner files for someone else years ago could she file for me now?

2 Answers | Asked in Immigration Law for Massachusetts on
Answered on Jun 28, 2018
Carl Shusterman's answer
Once you are married, your wife can sponsor you for a green card. Her previous application for her former husband should have no bearing on her ability to sponsor you.
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Q: Can I travel back to my country of asylum with a travel document and green card status(granted from Parent becoming citi

1 Answer | Asked in Immigration Law for California on
Answered on Jun 28, 2018
Carl Shusterman's answer
Seems like you understand the problem. Since your green card was based on asylum, and your asylum application was based on your fear of persecution in your country, if you now return to your country for your grandfather's funeral, your green card could be revoked and you may never be allowed to return to the US.
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Q: If I was to be in a vehicle that was pulled over and I have no ID on .e such as my green card or anything, what happen?

3 Answers | Asked in Criminal Law and Immigration Law for New Jersey on
Answered on Jun 28, 2018
Carl Shusterman's answer
As a passenger, you are not required to carry an identification document.
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