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Questions Answered by Carl Shusterman
1 Answer | Asked in Immigration Law for Arizona on
Q: Travel when H1B transfer is in process.

My H1B visa transfer is in process (transferring from Emp A to Emp B). I am still working for Emp A and have a valid stamped visa and valid I-797 from Emp A. Emp B has filed an I-129 under premium which had an RFE and has been responded to.

Can I travel out of the country for 2 weeks and... View More

Carl Shusterman
Carl Shusterman
answered on Jun 9, 2018

If you travel outside the US while your H-1B transfer is in process, it will be deemed abandoned by the USCIS.

1 Answer | Asked in Immigration Law for California on
Q: My MEXICO STATE POLICE CERTIFICATE was not accepted by NVC, they dont specify why, they only request correct one.

Theres only 2 available types of police certificate in MX state and a federal record called a “Carta de No Antecedentes Penales”

Carl Shusterman
Carl Shusterman
answered on Jun 9, 2018

The Department of State recently updated its reciprocity schedule for Mexico to show that police certificates are now required for immigrant visa applicants who are 18 or older. This new requirement applies to Mexican nationals and third country nationals who have resided in Mexico for more than... View More

1 Answer | Asked in Immigration Law for California on
Q: Hello I’m a PR in US.im getting marry this October How can I apply visa for my parents and siblings back in Sri Lanka
Carl Shusterman
Carl Shusterman
answered on Jun 9, 2018

Your parents and siblings can apply for B-2 tourist visas to attend your wedding at the US Embassy in Colombo.

Carl Shusterman

www.shusterman.com

2 Answers | Asked in Divorce and Immigration Law for Ohio on
Q: I can wait to complete 5 years since my last DUI. If I divorce my spouse now will it effect my citizenship process?

Can you also take up my case for citizenship and how much it costs?

Carl Shusterman
Carl Shusterman
answered on Jun 9, 2018

We cannot quotes fees online. Schedule a legal consultation.

Carl Shusterman

www.shusterman.com

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2 Answers | Asked in Immigration Law for Nevada on
Q: I got advised at the airport, will my green card be in jeopardy when I want to reenter US? I plan to go to Canada.

I got advised when entering the USA at the airport 2 weeks ago, so I filled for reentry permit and now I want to go to Canada for 3 days before my biometrics. My concern is by crossing the border and reentering USA again Will I put my green card in jeopardy?

Carl Shusterman
Carl Shusterman
answered on Jun 9, 2018

It depends on the facts of your case. Schedule a legal consultation with an experienced immigration attorney.

Carl Shusterman

www.shusterman.com

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1 Answer | Asked in Criminal Law, Immigration Law and Gov & Administrative Law for Louisiana on
Q: my uncle is in Louisiana and he got in to a fight with a policeman so the judge gave him 3 months and 2 years of …..

my uncle is in Louisiana and he got in to a fight with a policeman so the judge gave him 3 months in jail and 2 years of public service under control but my uncle did not admit to the crime he was afraid that they will send him back to his country since he is not an American citizen yet so what do... View More

Carl Shusterman
Carl Shusterman
answered on Jun 9, 2018

He should schedule a consultation with an experienced immigration attorney and show him/her his record of conviction. The attorney can advise him as to whether the conviction renders him deportable from the US, and if any relief is available to him.

1 Answer | Asked in Immigration Law for New York on
Q: I filed an I-130 for my spouse in February and received a receipt letter but haven’t heard since then. Is this normal.

I am a U.S citizen and spouse lives in Pakistan.

Carl Shusterman
Carl Shusterman
answered on Jun 9, 2018

Yes, it is normal. It can take several months for the I-130 visa petition to be approved.

1 Answer | Asked in Criminal Law, Divorce, DUI / DWI and Immigration Law for Ohio on
Q: I am on green card since 2004. I have few Dui's. Last one in Dec 2014. Can I apply for Citizenship now ?

I also want to divorce my Citizen spouse (got citizenship based on my employment) in next few weeks. Will divorce also complicates me applying for Citizenship ? Do I have to wait for 5 years since my last DUI to apply for Citizenship ?

Carl Shusterman
Carl Shusterman
answered on Jun 9, 2018

It would probably be best to wait until you have no DUIs during the past 5 years before you apply for naturalization.

1 Answer | Asked in Immigration Law for North Carolina on
Q: What should an affidavit of support look like for form I-751?

My wife is currently a conditional permanent resident who immigrated here on the K-1 fiance visa (after filing form I-129F). We're coming up on the time to file form I-751 to remove the conditions on her permanent residency, for which we need to provide evidence reasonably proving that... View More

Carl Shusterman
Carl Shusterman
answered on Jun 9, 2018

These affidavits should explain how that know you and your wife, the social actions that they have had with you and how they know you are a couple and are living together.

2 Answers | Asked in Immigration Law and Criminal Law for Oklahoma on
Q: When will an inmate be informed if he will be deported?

My husband was sentenced to 4 years at 85% for drug trafficking. He is a U.S resident he was never informed of any possibility of deportation during or after his plea. He has left the county and will be transferred to prison. When will he be informed of deportation if that applies to him?

Carl Shusterman
Carl Shusterman
answered on Jun 9, 2018

ICE will place an "immigration hold" on him. When he is freed from criminal custody, he will be placed in immigration custody and will have a deportation hearing before an Immigration Judge.

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1 Answer | Asked in Immigration Law for Connecticut on
Q: I am victim of felonius assault in 2001and 2002 around at norwalk,CT. I field the police report.Am i qualify U visa?
Carl Shusterman
Carl Shusterman
answered on Jun 9, 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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2 Answers | Asked in Divorce and Immigration Law for Florida on
Q: My boyfriend is Mexican, married 13 years, is he considered a U.S. citizen ? They need a divorce, by her choice...

She made him leave several times... Hasn't helped with any of his legal status papers

Carl Shusterman
Carl Shusterman
answered on Jun 9, 2018

He is not considered to be a US citizen merely because he has been married 13 years.

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1 Answer | Asked in Immigration Law for Utah on
Q: Would a pending N-400 application (filed for >5yrs residence) be effected if I divorce before my interview/ceremony?

My citizenship application was filed 8 months ago on basis of >5yrs residency (I've been here 10 years), and is currently in the interview scheduling process. My wife is a US citizen (which is how I came to be here). If I divorce now, will that impact my case, or can marital status be... View More

Carl Shusterman
Carl Shusterman
answered on Jun 8, 2018

Since you waited until you had a green card for 5 years, you can naturalize whether you stay married or get divorced.

1 Answer | Asked in Immigration Law on
Q: how can I apply for fraud waiver?I want to apply for K1 visa & how can we get merried before applying to K1 fiance visa?

I do have 2 sons with my previous wife

Carl Shusterman
Carl Shusterman
answered on Jun 8, 2018

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 into the United States or other benefit provided under the Act, is inadmissible.... View More

2 Answers | Asked in Criminal Law, Federal Crimes and Immigration Law for California on
Q: My husband is in fed prison and has Spoken to ins already

My husband is having to do 36 months for identity theft under 10k. He has had is interview already wit ins and she told him if he hears back from them then he has a hold. The judge also told him he is approved to go to a RDAP program. Meaning his time would be way less then 36 months. He has spoken... View More

Carl Shusterman
Carl Shusterman
answered on Jun 8, 2018

It sounds like he needs both a criminal attorney and an immigration attorney.

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1 Answer | Asked in Immigration Law on
Q: I got refused under section of 212a6ci and what I have to do now? can I still apply for K1fiance visa?
Carl Shusterman
Carl Shusterman
answered on Jun 8, 2018

You will need a fraud waiver. Better to get married before you apply. However, it will be difficult to demonstrate that your spouse will suffer "extreme hardship" if you are not admitted to the US unless you already have children together. Schedule an appointment with an experienced... View More

1 Answer | Asked in Immigration Law for Illinois on
Q: Can an undocumented immigrant fix his status marrying her fiancè which is a green card holder?
Carl Shusterman
Carl Shusterman
answered on Jun 7, 2018

Perhaps, although it is usually better to wait under the green card holder naturalizes before starting the immigration process.

1 Answer | Asked in Immigration Law for Georgia on
Q: What is the fee of an attorney to file my change of status?
Carl Shusterman
Carl Shusterman
answered on Jun 7, 2018

First, it depends on the facts of your case. Second, we are not permit to quote fees online. Schedule a consultation with an experienced immigration attorney.

1 Answer | Asked in Immigration Law for Georgia on
Q: B2 visa extension for the second time in the same visit

My in-laws came to US on B2 Visa. We have filed for their extension for additional 6 months and that petition is still pending with USCIS. As they are elderly, they couldn't visit all places they want to visit and they would like extend the visa for 6 more months. My questions are

1)... View More

Carl Shusterman
Carl Shusterman
answered on Jun 7, 2018

1. Yes

2. Yes

3. No

4. Yes

5. Immediately

2 Answers | Asked in Immigration Law for California on
Q: Can I travel abroad once my green card is approved but before it comes in the mail?

I arrived on a K-1 visa and filed an I-485. I had my interview last week and want to go back to Korea as soon as possible. Will I be able to travel to Korea once my green card's online status says approved, but before the card arrives in the mail, then have my husband bring the green card to... View More

Carl Shusterman
Carl Shusterman
answered on Jun 7, 2018

Do not travel abroad with your green card or an I-551 stamp in your passport.

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