Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Carl Shusterman
1 Answer | Asked in Immigration Law for Oregon on
Q: I have a question about reactivating a green card for my husband, a British citizen. I am a US citizen.

My husband got a Green card in 1986. In 2006 we moved overseas to care for his mother. For financial reasons he was unable to return on a yearly basis. We now want to return to the US. How can he regain his Green Card status? He has traveled to the US most recently with an ESTA visa waiver.

Carl Shusterman
Carl Shusterman
answered on Jun 14, 2018

He needs to start from the beginning. Green cards can be obtained through sponsorship by US citizen or permanent relatives, through employment or investment.

Carl Shusterman

www.shusterman.com

2 Answers | Asked in Immigration Law on
Q: My sister sponsered me under F4 category. I am a canadian citizen.If I move to India will my case move to India?

As per present scenario my interview shall be coming from US embassy in Vancouver but if I move to India and update my address should I transfer my case to India . If so will my case start from start. Or if I dont want to transfer my case to India will my interview be coming from Canadian embassy... View More

Carl Shusterman
Carl Shusterman
answered on Jun 14, 2018

If you move to India, you should request that the government transfer your immigration visa case to India. You will remain at the front of the line.

View More Answers

1 Answer | Asked in Immigration Law on
Q: I am 16 year old student and have my uncle in USA and planning to get a green card for further ease. Please advice how?

As I want to continue medicine in the USA, I would prefer a green card over a student visa,I have family members(Uncle and Aunt).As I am not yet 18 would it be easy for me to get a green card?.My grand parents have green cards but have not renew it for a year now,just considering that they renew... View More

Carl Shusterman
Carl Shusterman
answered on Jun 14, 2018

US immigration laws do not permit aunts and uncles to sponsor nephews and nieces for green cards.

2 Answers | Asked in Immigration Law for Georgia on
Q: F-1 to Green Card even after overstaying visa

I need some advice. I came to the US almost 4 years ago on an F1 visa. During my 1st year, I tried to transfer to a cheaper college which wouldn’t accept me without a transcript from my previous university , but the previous university said I couldn’t get a transcript without paying them off in... View More

Carl Shusterman
Carl Shusterman
answered on Jun 14, 2018

You may be able to immigrate to the US through your mother. However, as of August 9, 2018, you may start to incur unlawful presence. Schedule a consultation with an experienced immigration attorney.

View More Answers

1 Answer | Asked in Immigration Law for Arizona on
Q: My 10 year unlawful presence bar is over, what options do i have to get an immigran visa?

I left the US on 2009, my dad applied for the I-130 form for both my mom and me. Two years later we got a later with the dates of the interview at Cd. Juarez. Once at the interview my mom was granted a visa, mine was denied and given the 10 year bar due to illegal entry to the US (i entered the US... View More

Carl Shusterman
Carl Shusterman
answered on Jun 14, 2018

Unfortunately, you must remain outside the US for 10 years before you can apply for an unlawful presence waiver.

1 Answer | Asked in Immigration Law on
Q: Could a previous f1 violation prevent me to get an immigrant visa?

Hi. when i was in USA on F1 visa my i20 was terminated. As it happened beyond my control i did reinstatement and regained my status. After finishing my course i left USA and came back home country and got married. Now my husband was picked for DV lottery and we passed our immigrant visa interview.... View More

Carl Shusterman
Carl Shusterman
answered on Jun 14, 2018

You should consult with an immigration attorney to see if you eligible to adjust your status to permanent resident without leaving the US.

2 Answers | Asked in Immigration Law for Massachusetts on
Q: I was on OPT and I transferred to H1B status without leaving the US (have no valid visa) Can I apply for government ID?

I was on OPT and I transferred to H1B status without leaving the US, my F1 visa has expired and I didn't get H1B visa stamp in my passport because I didn't leave the US. Can I apply for government photo ID?

Carl Shusterman
Carl Shusterman
answered on Jun 14, 2018

You are in lawful H-1B temporary working status. What type of government ID would you like to apply for?

View More Answers

2 Answers | Asked in Immigration Law for New Jersey on
Q: Hi I am In h1b visa .... Went to emergency room through 911 for marijuana overdose in Las Vegas where it is legal.

I live in New Jersey and I visited Las Vegas and used recreational marijuana ... I fainted in airport and 911 was called . I went to emergency room . I told them that I used marijuana . They got my details and Ssn from me . Now my worry is ,whether 911,airport officials or hospital will be... View More

Carl Shusterman
Carl Shusterman
answered on Jun 14, 2018

This could be an issue in the future. Speak with an experienced immigration attorney about this.

View More Answers

2 Answers | Asked in Civil Litigation, Family Law, Criminal Law and Immigration Law for Florida on
Q: Married person from Bahamas she spelled name wrong on license to get married she not a US citizen want annulment help!
Carl Shusterman
Carl Shusterman
answered on Jun 14, 2018

She should schedule a consultation with an experienced family lawyer.

View More Answers

1 Answer | Asked in Immigration Law for Texas on
Q: Can I submit a new N-400 even if I am pending a $30 returned check fee?

I applied for naturalization, but my application was rejected because the payment did not go through.I already sent the money order with the $30 fee. Can I submit the new application even if they have not received the payment?

Carl Shusterman
Carl Shusterman
answered on Jun 13, 2018

Yes, you can do so.

1 Answer | Asked in Divorce, Family Law and Immigration Law for California on
Q: What would be the legal process for an undocumented immigrant who decided to leave the U.S right after she turned 18?

I was taken to the U.S illegally by my parents when I was only 8. I never had a criminal record, did well in school, and never got any government help for anything. When I turned 18 I returned to my place of birth voluntarily, have never been caught by immigration. I got married in Mexico and... View More

Carl Shusterman
Carl Shusterman
answered on Jun 13, 2018

Although you have no "unlawful presence" in the US, you will need to be sponsored for a green card through relatives, employment or possibly investment. Under the new asylum policy announced by AG Sessions on June 11, 2018, asylum for victims of domestic violence may no longer be an option.

1 Answer | Asked in Immigration Law for New York on
Q: I took my citizenship test on may 2nd and I passed it but still haven't received the oath appointment

I want to know how long it takes for you to get your oath appointment

Carl Shusterman
Carl Shusterman
answered on Jun 13, 2018

Every case is different, but if everything else is okay, you will probably be sworn-in as a US citizen sometime this summer.

2 Answers | Asked in Immigration Law for New York on
Q: My passport has expired while I am on OPT (F1 visa), can I use my EAD as an ID?

I am an international student on OPT, my passport has expired and I have problems with my country embassy and I can't renew it before 2 years after its expiration (the situation is complicated), can I use my EAD as a valid ID during this period? Or I would be deported because of my expired passport?

Carl Shusterman
Carl Shusterman
answered on Jun 13, 2018

You are in legal status because you have OPT. Continue to use your EAD.

View More Answers

1 Answer | Asked in Immigration Law for California on
Q: I am on H1B visa but my passport has expired, for some reasons I can't renew it soon. Would I be deported? or it's OK?
Carl Shusterman
Carl Shusterman
answered on Jun 13, 2018

You are okay as long as you are in H-1B status.

2 Answers | Asked in Immigration Law for New York on
Q: F1 OPT while pending I-485

I am on my F1 Post completion-OPT from April, 2018. On May, 2018 I applied for I-485 form based on F2A family preference petition filed by my wife who is a LPR. Does filing I-485 mean I am no longer on Post completion-OPT? Does it mean I am out of status?

Carl Shusterman
Carl Shusterman
answered on Jun 13, 2018

No, you can still be employed on your OPT. You should get an EAD work permit based on your pending adjustment application in about 4-5 months.

View More Answers

1 Answer | Asked in Immigration Law and Criminal Law for Vermont on
Q: Will a consular ID card and international drivers license allow you to purchase ammunition in the state of Vermont?

I'm having a hard time finding an answer for this question. This is a fictional scenario, but I need to know if a non-U.S. citizen who only has an international drivers license and a consular ID card would be able to purchase ammunition and magazines in the state of Vermont. I see the state of... View More

Carl Shusterman
Carl Shusterman
answered on Jun 13, 2018

This is not an immigration question. You need to consult with a criminal attorney.

1 Answer | Asked in Immigration Law for Georgia on
Q: AOS for a spouse with an F1- EAD expiring in the Aug 2018

Hi,

I am a US citizen and have been married (April 2018) to a girl with an F1 visa whose EAD is expiring during August 2018. What are the possible ways of adjustment of status? Am I required to submit I -130, if so, what is estimated processing time for I-130 approval? If it isn’t... View More

Carl Shusterman
Carl Shusterman
answered on Jun 13, 2018

If you are a U.S. citizen wishing to sponsor your foreign-born husband or wife for a U.S. green card (lawful permanent residence), you will need to start the application process by filing a visa petition on Form I-130 (Petition for Alien Relative). You will mail this form (with accompanying... View More

1 Answer | Asked in Immigration Law on
Q: Hello sir,! Can I ask u question about USA immigration? I got temporary green card stamp expired in 2002, valid stamp

For one year, I haven't received card by mail, I am present live in India since long time, can file form i-90 replacement green card? Am I eligible to get a green card status ?

Please reply by email

Thanks

Carl Shusterman
Carl Shusterman
answered on Jun 13, 2018

If you have lived outside the United States for more than one year, you have abandoned your permanent resident status.

2 Answers | Asked in Immigration Law for New Hampshire on
Q: Hello, how can I bring my brother from Moldovă to United States, i have green card.

Hello,my name is xxx, I'm 19 years old,almost 20, I won green card in the lottery and now I'm living in United States ,but I'm here alone and I would like to make something to bring my brother here, he is 20years old,almost 21.We are from Republic of Moldovă and have also Romanian citizenship.

Carl Shusterman
Carl Shusterman
answered on Jun 13, 2018

Once you naturalize and become a US citizen, you came sponsor your brother for a green card. However, this process takes over 13 years. Your brother may want to explore other options for a getting a green card: through employment, investment, the DV lottery, etc.

View More Answers

1 Answer | Asked in Immigration Law for Arkansas on
Q: Hello, does buying a house in the US and putting it up for rent make one eligible for a green card?
Carl Shusterman
Carl Shusterman
answered on Jun 12, 2018

No, not at all. Maybe, your confusing this with the EB-5 program.

Like many countries, the U.S. provides a means of entry for wealthy people who will pump money into its economy. This is known as the employment fifth preference—or “EB-5”—immigrant visa, which allows people to...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.