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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 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 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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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/

2 Answers | Asked in Immigration Law for Virginia on
Q: What can we do if Ice took my son from county jail and brought him back, now county and Ice denies his custody?

He paid his bond at the county, then Ice picked him up, and then brought him back for hearing, now the county says they got him on loan from Ice, and Ice office says his name doesn't show up in their system, we have a document where the county court denies his custody, what can we do?

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

You need to schedule a consultation with an experienced immigration attorney to represent you, and possibly, to litigate this in Federal Court.

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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Can the asylee who holds a green card renew the passport of the country he claimed an asylum from in the embassy in US?

Hello, I'm an asylee with a green card. My passport expired two years ago. When I applied for a green card as an asylee, I also applied for RTD and it was issued in July last year. The RTD is valid for only one year and would expire in July 2023. I need to travel to Europe in August. I applied... View More

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

Not a good idea. USCIS may reexamine whether you really have a well-founded fear of persecution from your country if you do so.

Please see https://www.shusterman.com/asylum-us/

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1 Answer | Asked in Immigration Law for New York on
Q: Green card processing starting is delayed and I am on my final year of H1B

I am currently on my final year of H1B and my company is unable to file my PERM because of layoff.

What could be my possible options.

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

Rather than leave the US, you can explore other temporary work visas that you may be eligible for.

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

2 Answers | Asked in Immigration Law for Texas on
Q: See next line.

I know someone who took their child from school in Colombia, with out the fathers permission. She then illegally brought the child to United States where one of their family members have given them money to move across state lines and for expenses. The mother will leave her child with strangers for... View More

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

You can report this to the government.

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2 Answers | Asked in Immigration Law for Florida on
Q: A friend of mine lives in Ghana. She had a baby from an American citizen and he planned on moving them both to the US;

However, during his last visit, he kidnapped the 6 month old child from her mother while the mom went on an errand, and bought the child to the US. There’s been no communication between them. He got a US passport for the child and snuck her off. Mom was still breastfeeding the baby. What can the... View More

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

He may be subject to criminal prosecution for kidnapping. She needs to report him to authorities.

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2 Answers | Asked in Immigration Law for New York on
Q: Is there a way of bringing a person from India to the US to do a niche job that it’s impossible to find here.
Carl Shusterman
Carl Shusterman
answered on May 9, 2023

Perhaps on a temporary work visa. See https://www.shusterman.com/temporary-visa/

The wait for an employment-based green card for Indians is off the map. Please see https://www.shusterman.com/visa-bulletin-state-department/

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2 Answers | Asked in Employment Law, Immigration Law and Construction Law for New York on
Q: Waivering of tests for experienced foreign engineers.

I am a civil engineer with 23 years of experience outside USA . Certificates accredited by WES.

I am here on a valid tourist visa . Can I apply for waivering of tests and get a work permit inside USA ?

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

You will need to be sponsored for an H-1B work visa.

Please see https://www.shusterman.com/h1b-visa-professional-model/

I recommend that you find an H-1B cap-exempt employer: https://www.shusterman.com/h-1b-visa-cap-exempt/

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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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