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Questions Answered by Carl Shusterman

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 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 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 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 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 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 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 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 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 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 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 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...
Read more »

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 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 answered on Jun 28, 2018

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

2 Answers | Asked in Immigration Law for Ohio on

Q: When applying for a K1 visa, do I need to list an arrest that led to juvenile diversion and has since been expunged?

I am trying to file for a K1 visa. It states that I need certified copies of police and court records of any offense I was arrested for. When I was a teenager I was arrested for petty theft. I was put into juvenile diversion and did not have to appear in front of a court. The records have been... Read more »

Carl Shusterman answered on Jun 28, 2018

Yes, you do. You can ask the Court where you were convicted for your Records of Conviction, expungement, etc.

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1 Answer | Asked in Immigration Law for Arizona on

Q: I canceled my fiancé visa once by sending a letter that I don’t want him anymore

After they revoke his visa 2 years latter I applied for him again to bring him to USA from Afghanistan after his interview his visa revoked 221g administrative process. Will they use my old case and letter to denie his visa this time ?

Carl Shusterman answered on Jun 28, 2018

You broke up and got back together again? If so, this will subject to your new petition to additional scrutiny.

1 Answer | Asked in Immigration Law for New York on

Q: Can i apply for green card while i am visiting USA in B1/B2 visa?

My wife is a USA citizen and she was USA citizen before our marriage. we are married for 15 years and we have two son and both of them are USA citizens. i have been to USA 4-5 times in last 6 years in Business and travel visa. We were settled outside usa and now want to move to USA. I have few... Read more »

Carl Shusterman answered on Jun 28, 2018

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.

2 Answers | Asked in Immigration Law for Massachusetts on

Q: If my current partner files for someone else years ago could she file for me now?

My partner is puerto rican and she was married to a man who did not have documents. She filed for residency and then years later she was divorced. Now we are together and my visa has expired. We have a child and plan to marry but I would like to know if her previous filing would affect me when she... Read more »

Carl Shusterman answered on Jun 28, 2018

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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1 Answer | Asked in Immigration Law for California on

Q: Can I travel back to my country of asylum with a travel document and green card status(granted from Parent becoming citi

Can I travel back to my country of asylum with a travel document and green card status(granted from Parent becoming citizens)

Looking to go back for the funeral of my grandfather, applied for a travel document and stated this reason for returning to my country.

I understand due to... Read more »

Carl Shusterman answered on Jun 28, 2018

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... Read more »

3 Answers | Asked in Criminal Law and Immigration Law for New Jersey on

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?

I am legally allowed to be here but no documents or ID on me during the stop. If I was only a passnager and not the driver, what can happen? Would they detain me?

Carl Shusterman answered on Jun 28, 2018

As a passenger, you are not required to carry an identification document.

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1 Answer | Asked in Immigration Law for California on

Q: I will become a US citizen in about 9 months I applied about 2 months ago and did a finger print about month ago in San

I will become a US citizen in about 9 months I applied about

2 months ago and did a finger print about month ago in San

Francisco,

My dad who is a Canadian citizen just came here visiting me

legally 3 days ago .

in July 2014 he was deported from California... Read more »

Carl Shusterman answered on Jun 27, 2018

When you became a US citizen, you can sponsor your father for a green card. Rather than overstaying, why doesn't he apply for an extension of his status?

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