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Questions Answered by Carl Shusterman
1 Answer | Asked in Immigration Law for California on
Q: Can I apply for a cr-1 visa while applying for L1 visa at the same time?

In case the CR-1 visa is in progress, can my company still apply For L1 visa for me? Will the cr1 visa be cancelled?

Carl Shusterman
Carl Shusterman
answered on Sep 4, 2022

Because an L-1 is a dual intent visa, you can apply for an L-1 visa while your application for a green card through marriage is pending.

An L1 visa is for a person who works for a company with a parent, subsidiary, branch or affiliate in the United States. These persons come to the US as...
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3 Answers | Asked in Immigration Law for Florida on
Q: should i seek a new attorney for the adjustment or stay the course.?

Attorney lack of adequate preparation cost us $2K and panic travel. We have our K1. Should we stay with him through adjustment process or find new attorney?

Carl Shusterman
Carl Shusterman
answered on Sep 4, 2022

This is a very personal decision. You definitely want to be represented by an immigration attorney who you trust, and who will be fully prepared.

A green card through marriage to a US citizen is the most common way to become a permanent resident. The spouse of a US citizen is an...
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1 Answer | Asked in Immigration Law for Ohio on
Q: What happens to my 129-F application if my fiancé and I decide to register our marriage in their country instead?

I have an 129-F form for a K1 Fiancé visa that I submitted regarding my fiancé, a South Korean national. Our case was received by USCIS on 10/18/21.

Due to the processing time continuously increasing, I’m trying to brainstorm some ideas. If I have the opportunity to go to South Korea... Read more »

Carl Shusterman
Carl Shusterman
answered on Aug 2, 2022

Once you get married, you fiance visa petition will be a thing of the past. You will need to sponsor your spouse for a green card.

A green card through marriage to a US citizen is the most common way to become a permanent resident. The spouse of a US citizen is an “immediate relative”....
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1 Answer | Asked in Immigration Law for Washington on
Q: Will a person with H1-B visa (cap-subject; approved I-140) need to ever go through lottery while changing employers?

Background: An individual with an H1-B cap-subject visa and an approved I-140, currently employed by a for-profit employer (say Google)

Step 1: Moving from a for-profit employer (Google) to a non-profit employer (say Harvard).

Step 2: Moving back from the non-profit employer... Read more »

Carl Shusterman
Carl Shusterman
answered on Aug 2, 2022

The issue is whether you previously were selected in the H-1B lottery. If so, you do not need to go through the H-1B lottery again. However, if you did not go through the H-1B lottery because your previous H-1B employers was cap-exempt, you will have to go through the lottery if you wish to work... Read more »

1 Answer | Asked in Immigration Law for Missouri on
Q: Can holders of L1A/L2 travel abroad without penalty while I-485 is being processed?

I am currently on L1A and my spouse L2 and living in the US. We have already submitted I-485, I-795 (work authorization) and I-131 (advance parole) for green card application. However we might need to travel abroad before our applications are approved. My understanding is that L visa holders do... Read more »

Carl Shusterman
Carl Shusterman
answered on Aug 2, 2022

An L-1 visaholder can travel abroad while their AOS application is pending.

Please see https://www.shusterman.com/l1-visa-executives-managers/

1 Answer | Asked in Employment Law, Immigration Law and Tax Law for Alabama on
Q: I am an international PhD student on an F1 visa, and I have a SSN, and I would like to work for Uber. Can I?
Carl Shusterman
Carl Shusterman
answered on Aug 2, 2022

No, F-1 students are not permitted to work for Uber.

Please see https://www.shusterman.com/f1-visas-students/

1 Answer | Asked in Criminal Law and Immigration Law on
Q: Is there a chance we can re open the case and I can comeback to the states?

I have 3 us born kids and my american wife. My phone number is 509 261 8830 and my email is nick.almiron21@gmail.com i live outside of the US

Carl Shusterman
Carl Shusterman
answered on Aug 2, 2022

More information is needed to respond to your question.

2 Answers | Asked in Family Law and Immigration Law for Maine on
Q: IS the lawyer thought's right? Why the immigration will ask us for other docs if they're gonna deny it?

Our mom was approved for a green card at 2016. At the same time we(her children) were approved too even if we were in Africa at 2016. We started the process to move from Africa to Usa. And finally at 2018, we got a visa type YY to travel to USA. In 2020, We started the process to get our green... Read more »

Carl Shusterman
Carl Shusterman
answered on Aug 2, 2022

You need to share your paperwork with an immigration attorney.

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2 Answers | Asked in Immigration Law for North Carolina on
Q: Question about Eligibility

Hey,

I'm here in USA under F1 status and I'm living with my uncle who is a US citizen. He is unemployed so we are living in an apartment from the housing assistance program and we pay $200 in rent because I'm not a US citizen. 1.I will have an issue while adjusting my status... Read more »

Carl Shusterman
Carl Shusterman
answered on Aug 2, 2022

A US citizen uncle cannot sponsor a nephew for a green card.

Please see https://www.shusterman.com/green-cards-for-family-members/

You need to look for another way to qualify. The following may be helpful:

https://www.shusterman.com/college-graduates-us-immigration/...
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2 Answers | Asked in Immigration Law for California on
Q: Hi there. My parents got offered PD, my question, can I apply for their green card once I obtain my citizenship?

My parents applied for asylum 9 years ago when we first came to the US. We came with visit visa and never left. I got married to a citizen and just got my green card. In three years I will be a citizen and my question is can I apply for my parents green card if they have PD? I need to learn if... Read more »

Carl Shusterman
Carl Shusterman
answered on Aug 2, 2022

You can sponsor your parents for green cards once you become a US citizen.

Please see https://www.shusterman.com/green-cards-for-parents/

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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?
Carl Shusterman
Carl Shusterman
answered on Aug 2, 2022

USCIS is not currently accepting new DACA applications.

Please see https://www.shusterman.com/daca/

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1 Answer | Asked in Immigration Law for California on
Q: Can we back out of being a sponsor for someone to be a US citizen. They are still waiting for the interview

We signed paperwork with our finances 3 years ago. She is still waiting to go for her interview. ( She has been living in the U.S. since she was a child. She is in her 40's now) Now they are wanting out finances again. Can we change on minds to NOT to sponsor her? If so, can she sue us? For... Read more »

Carl Shusterman
Carl Shusterman
answered on Jul 27, 2022

A person seeking to become a US citizen does not need a sponsor.

If she is seeking to become a green card holder, and you have submitted an affidavit of support, you can withdraw your affidavit. She cannot sue you if you do so.

For more information, please see...
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1 Answer | Asked in Immigration Law for New York on
Q: I am an American living abroad with non-American spouse. I have no job, but 13.5 K in the bank. How to get wife over?

We screwed up everything. We married in Ohio while she was on her tourist visa and applied for a green card. She left a month later because of work troubles and I went with her. We told our last lawyer to cancel the forms. I have not worked in 5 months, but she makes enough for both of us, (She is... Read more »

Carl Shusterman
Carl Shusterman
answered on Jul 27, 2022

You can sponsor your wife for a green card even though you are living abroad.

The process begins when the US citizen spouse submits a visa petition to the USCIS.

Once the I-130 is approved, the foreign-born spouse will receive a packet from the US National Visa Center (NVC). The...
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1 Answer | Asked in Immigration Law for California on
Q: Undocumented friend got sent a jury duty notice. Worried he will get into deportation problem if he puts non citizen.

What next? How does this even get sent to him if he isn’t a citizen. Just want clarity on the next steps to take

Carl Shusterman
Carl Shusterman
answered on Jul 27, 2022

There is no harm if he answers that he is a non-citizen. This does not means that he is undocumented and subject to deportation. Non-citizens include green card holders and persons who have temporary visas. Even some U.S. nationals are non-citizens.

For more information, please see...
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2 Answers | Asked in Immigration Law for California on
Q: Hello I’m Joy, I’m visiting my family in California, I have a tourism visa. Can I get a sponsorship visa to be legal?

What is the best way to change my tourism visa to be legal so I can work? My parents have a green card.

Carl Shusterman
Carl Shusterman
answered on Jul 27, 2022

If you are qualified for a temporary working visa, you will need to be sponsored by an employer.

Please see https://www.shusterman.com/temporary-visa/

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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... 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... 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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