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Questions Answered by Carl Shusterman
1 Answer | Asked in Immigration Law for Texas on
Q: Who can I email when seeking an attorney to accompany me to a hearing?

My name is xxx. I am an undergraduate at Texas State University who just completed her sophomore year. In the year 2014, my father married a U.S citizen who petitioned for him, my sister and I. In a turn of unfortunate events, the application was denied as a result of insufficient documents... View More

Carl Shusterman
Carl Shusterman
answered on Jun 12, 2018

Are you asking about a criminal hearing or a hearing in Immigration Court?

If the latter, you can google Texas Certified Immigration Specialists to find the right attorney for you.

1 Answer | Asked in Immigration Law for Indiana on
Q: Should I leave the US if I want to return to my F1 status?

I have been in the US since 2012 on a single-entry F1 visa. Recently, I applied for OPT and it was approved on 03/2018. Today, I received an admission and I have decided to accept that. If I just transfer my SEVIS records to the new university, should I leave the country to get a new F1 visa? (I... View More

Carl Shusterman
Carl Shusterman
answered on Jun 12, 2018

This is a subject you want to discuss with the Designated Student Official (DSO) at your new university.

DSOs can answer your questions and guide you through the process of studying in the United States.

1 Answer | Asked in Immigration Law on
Q: My girlfriend has a B1 and B2 visa that her Dad got for her when she was younger. Would he be able to cancel her visa

if she came to the US??? She lives in Denmark and he lives in Brunei. All, would she be able to apply for an F1 visa while visiting the US? She already has been accepted and has an I-20.

Carl Shusterman
Carl Shusterman
answered on Jun 12, 2018

Only the government can cancel her visa. If she plans to study in the US, she needs to apply for an F-1 student visa.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can I go to Canada or Home country COS stamping from H4 to f1. And I can withdraw my I-539 application from USCIS.
Carl Shusterman
Carl Shusterman
answered on Jun 12, 2018

If you exit the US while your change of status application is pending, it will be considered abandoned.

1 Answer | Asked in Immigration Law for California on
Q: Regarding H1B I797A approval notice.

I received my I797A approval notice. The I-94 number on the approval notice is not the latest. I traveled to India last December and had updated my attorney with latest I-94. I guess, they have not updated my petition with latest I-94 and hence the I-94 number on I-797A and latest from CBP do no... View More

Carl Shusterman
Carl Shusterman
answered on Jun 12, 2018

It would be better for you to discuss this matter with your attorney.

1 Answer | Asked in Immigration Law for Maryland on
Q: My boyfriend is filing for a visitor's visa to come here to Maryland. I was wondering if I had to provide anything

or is it all his doing?

Carl Shusterman
Carl Shusterman
answered on Jun 12, 2018

He can apply for a visitor's visa without any assistance from you.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Husband & Wife with approved I-140. He goes on H4EAD, starts a business. Can I-485 be denied?

An Indian immigrant whose I-140 EB2 is approved from company A and waiting for filing I-485 (decades backlog). He gets a H4EAD and starts his business because his wife also has an approved I-140 (but much later priority date than him). Company A is Ok to give job when PD becomes current. Can the... View More

Carl Shusterman
Carl Shusterman
answered on Jun 12, 2018

With his EAD, he is allowed to start his own business.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: When can I file for citizenship?

I received a green card through marriage in April 2016. My temporary green card expired in April 2018. I sent my application in March 2018 for my permanent green card. i received the 797 notice and Biometrics are done. Do I have to wait until my permanent green card is approved to submit my... View More

Carl Shusterman
Carl Shusterman
answered on Jun 12, 2018

As long as you are still married and living together, you can apply for naturalization in January 2019.

2 Answers | Asked in Immigration Law for Texas on
Q: I would like to know about the u-visa. I recently have been the victim for a crime.
Carl Shusterman
Carl Shusterman
answered on Jun 12, 2018

In order to apply for a U visa using Form I-918, Petition for U Nonimmigrant Status, you must meet the following criteria and provide substantial evidence to U.S. Citizenship and Immigration Services (USCIS):

You must have been a victim of a “qualifying criminal activity,” and this...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: My boyfriend has lost all of his documents in a house fire. He is not a citizen.

He came as a child and had a temporary green card that was not renewed. How do we proceed?

Carl Shusterman
Carl Shusterman
answered on Jun 11, 2018

He can get a copy of his file by filing a FOIA request with the USCIS.

Thanks to a law called the Freedom of Information Act (FOIA, for short), persons wishing to see what information and documents U.S. immigration officials have collected on them—or on another person, with that...
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1 Answer | Asked in Immigration Law for New York on
Q: My in-law was a resident. He left the country after being arrested for a probation violation (non-violent. Can he return

He was a permanent resident for over 10 years. He was sentenced o probation for a shop lifting charge. He was later arrested with a small amount of cocaine (personal use). Before going to court on the probation violation he left the country and hasn't been back in over 5 years.

Carl Shusterman
Carl Shusterman
answered on Jun 11, 2018

Need more facts to answer your question: Was he a permanent resident of the US? For how long? Was he convicted? If so, what was his conviction(s)? How long has he been outside the US?

1 Answer | Asked in Immigration Law on
Q: how should I get the approval of an "extreme hardship" waiver. ??? where to go? what application?
Carl Shusterman
Carl Shusterman
answered on Jun 11, 2018

You would usually need to submit a form I-601 or an I-601A depending on why you need a waiver.

You may be eligible to file for a waiver of certain grounds of inadmissibility based on the extreme hardship your qualified relative will experience if you are not admitted to the United States....
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1 Answer | Asked in Immigration Law for California on
Q: Father is a USborn ctzn & I have 4 USborn children & have been in the us since I was 1, now 27, will it be easy to apply

I have applied through my dad before I was 21 and married but never continued the case. Immigrant question.

Carl Shusterman
Carl Shusterman
answered on Jun 11, 2018

You may have "acquired" US citizenship at birth through your father.

n many circumstances, even though a child is born outside the United States, if at least one parent was a U.S. citizen at the time of the child's birth, the child automatically "acquires"...
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1 Answer | Asked in Immigration Law for California on
Q: Would it be problematic for an NIW EB2 green-card holder to work as an Uber driver during an unemployment period?

I got my green card about 4 months ago and now I am unemployed looking for a new job. I was wondering if I could work as Uber driver for couple of months during my unemployment period until I find my desired job. Would it cause any problem for my future citizenship as I got my green card in the... View More

Carl Shusterman
Carl Shusterman
answered on Jun 11, 2018

Since you have a green card, you can work as an Uber driver while you are looking for a new job in your field.

1 Answer | Asked in Immigration Law on
Q: Hi I live in the UK and would like to apply for my Husband to come and live in UK from abroad.

I currently earn over £18600 but intend to leave my job on August 31st and set up a childminding business to start on September 1st. The business will earn me £2000 a month after 6 months of earnings from the business can I make the application or do I have to wait for a year of the business... View More

Carl Shusterman
Carl Shusterman
answered on Jun 11, 2018

Sorry, but this forum is for US, not UK, law. Speak with a UK attorney.

1 Answer | Asked in Immigration Law on
Q: ok, thanks for that, then what I have to do for K1visa? I am planning to get merried to American citizen.

I have got refused under section 212(a)(6)(C)(i), what exectly I have to do and is there any chance to go to US again? thank you my friends. respect

Carl Shusterman
Carl Shusterman
answered on Jun 10, 2018

You would need to get the approval of an "extreme hardship" waiver.

Under section 212(a)(6)(C)(i) of the Act, an alien who, by fraud or willful misrepresentation of a material fact, seeks to procure, has sought to procure, or has procured a visa, other documentation, or admission...
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1 Answer | Asked in Immigration Law on
Q: can i talk to u abuot immigration policy

can u be denied a third work permit if ur employer has changed and the permit is set to expire

Carl Shusterman
Carl Shusterman
answered on Jun 10, 2018

It depends on what type of work permit you have. Temporary working visas are particular to the sponsoring employer. EADs are not.

1 Answer | Asked in Immigration Law on
Q: Doing a crba for a child at the us embssy they said a dna test is optional but they now say you have to do it .

And i have to pay for it bur remember it is optional and it is not required i believe this is not legal to hold the application and deny it if it optional

Carl Shusterman
Carl Shusterman
answered on Jun 10, 2018

I assume that the US Embassy is not convinced of the paternity of the father. If you do not do the DNA test, they could deny the CRBA.

A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met. The child’s...
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2 Answers | Asked in Immigration Law for New York on
Q: Hi My cousin was detained by imigration last week, he has been here for about 20 years now.

My Cousin was involve in a domestic violance case two weeks ago.

He got out and was supposed to go to court the following week, such thing he went to the court that day but immigration was waiting for him in the parking lot. Now he is detained and we just dont know what to do. We are... View More

Carl Shusterman
Carl Shusterman
answered on Jun 10, 2018

Is your cousin a lawful permanent resident of the United States?

As the applicant, it is your burden of proof to demonstrate that you are eligible and deserve cancellation of removal for lawful permanent residents. You have to prove that you:

have been a lawful permanent resident of...
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2 Answers | Asked in Immigration Law for Florida on
Q: How can I get a copy of my citizenship certificate WITHOUT going through my mother?

I'm a 21 year-old Haitian currently residing in FL. I became a US citizen age 14 once my mother became naturalized however she never filed for me to receive a citizenship certificate (she thought it was going to be sent automatically). I've already filed Form N-565 & USCIS is... View More

Carl Shusterman
Carl Shusterman
answered on Jun 10, 2018

If you became a US citizen as a child through your mother, you can apply for a certificate using form N-600.

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