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Questions Answered by Carl Shusterman
2 Answers | Asked in Immigration Law for Ohio on
Q: I have an immagration question: if you are detained by ICE and held in a prison waiting for court will he get deported

He had a felony charge and was doing everything they had asked of him has been in the u.s. for 20 years and is legally married with 4 kids owns a business and was detained by ice when he attended his probation meeting now is in a county jail 3 hours from home with no bail

Carl Shusterman
Carl Shusterman
answered on Nov 13, 2023

This depends on the facts of his criminal conviction.

Since he is a green card holder that the government is trying to deport, he may be eligible to apply to the Immigration Judge for Cancellation of Removal for Permanent Residents using form EOIR-42B (plus supporting documents) if he meets...
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2 Answers | Asked in Immigration Law and Business Law for California on
Q: How can I start a LLC with OPT as a foreigner? Will there be any risk?

I'm graduating with OPT majoring in game programming. I want to make indie games with my friends, so we plan to start an LLC. And use it as our OPT for the first year. Will there be any risks? Are there any tips for the whole process?

Carl Shusterman
Carl Shusterman
answered on May 11, 2023

As an F-1 student with OPT work authorization (work permit), you can get your company up and running and be self-employed as long as you’re putting your degree to work. You must also work full time and have all the proper business licenses that your state requires.

You don’t have to...
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3 Answers | Asked in Immigration Law for Florida on
Q: I applied Form I-751,but have not received Form I-797C.The case inquiry was submitted. No answers.What should I do next?

my green card expires in 4 days, I applied Form I-751 3 months ago, but still have not received notice of action. I already submitted the case inquiry but still nothing.

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

If you have tried the USCIS applicant service options listed above but still need help resolving a problem with an application or petition, you can ask the Ombudsman’s Office for help by taking the following steps:

Please submit all evidence or information regarding the efforts taken to...
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2 Answers | Asked in Immigration Law for Texas on
Q: Is it okay to travel on H1b when at the same time AP is under renewal process?

Hello,

I’m going India from May 20 to June 28. My AP is going to expire in mid of Nov and my attorney asked me to apply for renewal 180 days before its expiration date, means I will have to put AP for renewal somewhere in mid of May. I was wondering if traveling on H1b may cause any... View More

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

Yes, it is generally okay to travel on H1B while the Advance Parole (AP) application is under renewal process. However, you should keep in mind that traveling outside of the US while your AP application is pending may be considered as abandoning your application. Therefore, it is recommended that... View More

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2 Answers | Asked in Immigration Law, Gov & Administrative Law and Military Law for New York on
Q: Do I need to sign up for Selective Service if I plan to move out of the U.S?

I been living in the U.S for more than a decade now ever since I was a toddler on a green card. However, I plan to move out of the United States permanently, and go back to S. Korea to attend university there because I'm a Korean citizen. The problem is that I will be graduating from high... View More

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

In the United States, almost all male U.S. citizens and male immigrants residing in the U.S. who are 18 through 25 years old are required to register with the Selective Service System. This includes U.S. born and naturalized citizens, parolees, undocumented immigrants, legal permanent residents,... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: Initially requested reschedule for marriage based green card interview but now we want to withdraw application.

Would this be a problem and prevent me from applying for a green card again in the future? I left the US without advance parole so application is probably already abandoned but they still sent an interview date. Should this be included in the letter? Is the reason that now I’m pursuing further... View More

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

Would this be a problem and prevent me from applying for a green card again in the future?

The bar at 204(c) specifically refers to a marriage entered into for the purpose of obtaining permanent resident in the United States. If the USCIS determines that you fraudulently entered into the...
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3 Answers | Asked in Immigration Law for Texas on
Q: UK citizen married to an American but only allowed to be in the US 3 months at a time on current visa. Help!

How can I stay permanently in the States with my husband?

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

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”. This means that there is no limit on the number of people who can obtain green cards through marriage to US citizens.

The US...
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2 Answers | Asked in Immigration Law for California on
Q: Can my parents stay outside US post obtaining GC for 9 months (>6 months but less than a year)?

Hi, I applied GC for my parents after they arrived in US last February and their GC's have been approved. I am planning to ask them to stay until end of June this year (to fulfill their 6 months annual stay) and then come back next May. Based on my reading in USCIS website, GC holders will... View More

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

Permanent residents are permitted to travel abroad. However, if their trip abroad exceeds 6 months, they will be questioned about their prolonged absence when returning to the US. Unless they can convince the CBP officer at the airport or the border that they always intended to return to the US,... View More

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3 Answers | Asked in Immigration Law for Idaho on
Q: Can I get an O1A visa through my startup which is a 100% software, and my degree is in Electrical Engineering?

I'm the technical founder and I am developing the application myself. I am raising a round of money soon from a VC firm while on my STEM OPT, however, I'm worried if my startup won't count for an O1A visa since my degree is in Electrical Engineering and so my degree doesn't... View More

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

The O-1A category applies to aliens coming temporarily who has extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television).

Petition Document Requirements

A US employer should file the petition (Form I-129) with:...
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2 Answers | Asked in Domestic Violence and Immigration Law for California on
Q: If domestic violence is consider a crime, a person with irregular status if the violence is verifiable

Is it possible to apply under the "U" visa!?!?

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

Even though you are undocumented, you may be eligible to apply for a U visa.

If you are a foreign-born person who is the victim of a crime and have suffered substantial physical or mental abuse, you may be eligible to apply for U status if you are willing to assist a law enforcement agency...
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2 Answers | Asked in Immigration Law for California on
Q: Hi there, I am currently on a tn visa and I want to change my status. Can I do this alone without an employer?

I got laid off from my job on March 29.

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

If you are currently on a TN visa and you want to change your status in the US, you will need to apply for a different type of visa or status that you are eligible for.

Whether or not you can do this alone without an employer will depend on the type of visa or status you wish to apply for....
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2 Answers | Asked in Immigration Law for Florida on
Q: I have marriage based green card , i gotta go abroad for 4 months. should i expect any immigration issues when i return?

i have a retail business and i import goods, also my employees are abroad and i have to go for work reasons but im concern that i may face issues when i return to the USA? please advise. thanks

more details:

i just got back from the far east after 2 months, and have to go back... View More

Carl Shusterman
Carl Shusterman
answered on Nov 13, 2023

You should be okay since your absence from the US will be less than180 days.

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3 Answers | Asked in Immigration Law for California on
Q: I am an Asylee as of March 2022. I would like to go visit my family and stay for a month or less.

I came to the U.S. on F1 visa initially. In 2022, I applied for and received asylum due to my perceived sexual orientation. However, I am finishing college soon and I really am by myself here. I miss my family so much and my family would do no harm to me because they love me immensely. However, in... View More

Carl Shusterman
Carl Shusterman
answered on May 13, 2023

Not a good idea to visit a country from which you claimed persecution.

Best to visit your parents in a 3rd country.

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2 Answers | Asked in Business Formation, Business Law and Immigration Law for California on
Q: Can I own and operate an E-commerce business under LLC if I on a H1B Visa?

I am currently a non-immigrant on a H1-B visa working on W2.

I wish to run an online business E-commerce business under my LLC. This business model requires very little effort to manage and can be automated.

Now I know that according to USCIS I can own an LLC but can't work... View More

Carl Shusterman
Carl Shusterman
answered on May 11, 2023

Yes, you can hire a person to manage your business.

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2 Answers | Asked in Immigration Law for Illinois on
Q: If my K1 visa wife was denied adjustment of status for fraud

My wife came over from China in Nov 2019, we were married and received a deny for adjustment of status in September 2022 for previous tourist visa fraud attempts before we met. I asked her to go back to china and let us start over to be in compliance with USCIS, she got angry and left me, now I... View More

Carl Shusterman
Carl Shusterman
answered on May 10, 2023

You need to schedule a consultation with a family law attorney.

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2 Answers | Asked in Immigration Law for Illinois on
Q: USPS delivered my I-485 on April 3, 2023 and since than i have yet to receive any receipt nor has USCIS cash my check??

USPS delivered my I-485 on April 3, 2023 to elgin lockbox and since than i have yet to receive any receipt nor has USCIS cash my check?? I am here on K1 visa, got married and applied. My I 94 expires May 20, 2023 and want to make sure if we do not receive anything from USCIS this would cause a... View More

Carl Shusterman
Carl Shusterman
answered on May 10, 2023

You may want to contact the USCIS Ombudsman for case assistance.

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

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2 Answers | Asked in Immigration Law for New Jersey on
Q: I've heard that in May 12 New Parole Law comes in effect. I'm now waiting for I-212 and I-601 are we entitled to apply?
Carl Shusterman
Carl Shusterman
answered on May 10, 2023

Please see https://www.dhs.gov/news/2023/04/27/fact-sheet-us-government-announces-sweeping-new-actions-manage-regional-migration

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2 Answers | Asked in Criminal Law and Immigration Law for Georgia on
Q: If someone accused me of crimes falsely to obtain immigration benefits who do I report this to? In the state of Georgia

If someone accused me of crimes falsely to obtain immigration benefits who do I report this to? In the state of Georgia

Carl Shusterman
Carl Shusterman
answered on May 10, 2023

Need more information in order to answer your question.

You should share the details of your situation with an immigration attorney.

Please see https://www.shusterman.com/best-immigration-lawyer/

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2 Answers | Asked in Immigration Law for Michigan on
Q: Is there a way around this? Was the Lady showing bias, since I've been back and forth to Canada before with no problems.

I have been traveling from Michigan to Canada in vehicle going through customs with no problems several times. My last visit all of sudden this lady pulled a Closed Record from 2017 and held me under Section 36 of the Immigration Refugee Protection Act which then I was told I was inadmissible to... View More

Carl Shusterman
Carl Shusterman
answered on May 10, 2023

You should schedule a consultation with a Canadian immigration attorney.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Hello , I want to file a petition for my mother and my sister who is 39 however she is under the trysomy 21 down syndro

my sister is dependant on my mother ,mom can't take care of her because of mom medical situation

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

While you can sponsor your mother for a green card if you are a US citizen, if you sponsor your sister, the waiting time for a green card is over 10 years. Please see

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

and

https://www.shusterman.com/green-cards-for-brothers-and-sisters/

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