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Questions Answered by Carl Shusterman
1 Answer | Asked in Criminal Law, Immigration Law and Civil Rights for North Carolina on
Q: i was arrest in DEC 2013 but don't know what were the charges correctly,Do I have to mention in citizenship application.

I was arrested in West Chester, Ohio on December 2013, for Civil Disobedience. I had to stay in Jail for 5 hours and next day had to court, court gave us warning and drooped charges to minor charges such as speeding ticket or Trust passing in private property.

Now I don't remember... View More

Carl Shusterman
Carl Shusterman
answered on Jun 7, 2018

Yes, you must reveal your conviction on your N-400 application. You should order a certified copy of the record of conviction from the court where you were convicted. It does not sound like your conviction will negatively affect your application for naturalization.

1 Answer | Asked in Immigration Law for California on
Q: I'm offered a part-time work with 1099 but I'm currently in R1, would that be a problem? Appreciate your help.

Are any kind of part-time work even allowed?

Carl Shusterman
Carl Shusterman
answered on Jun 7, 2018

As an R-1 religious worker, you can only work for the employer who sponsored you for an R-1 visa.

1 Answer | Asked in Immigration Law for South Carolina on
Q: My boyfriend is a US citizen but has been in prison for selling narcotic, and I am not a citizen nor permanent resident

Will his criminal record be a deterrent to me having a green card?

Carl Shusterman
Carl Shusterman
answered on Jun 7, 2018

He can still sponsor you for a green card despite his criminal conviction.

1 Answer | Asked in Immigration Law for Ohio on
Q: Dear Sir/Madam, I would like to know more about my Immigration case,

I would like to know more about my Immigration case, I wen to the State 2013 as Refugee Via the UN from Turkey, we as family stated in USA for Seven Month and for some reason we must return to Turkey ( family Problems ) since 3 years we are in turkey and want to go back to the sate but we don’t... View More

Carl Shusterman
Carl Shusterman
answered on Jun 7, 2018

You probably abandoned your refugee status. You should talk with an immigration attorney to see if you are eligible to immigrate to the US in any other manner.

1 Answer | Asked in Immigration Law for New York on
Q: My mom filed for my greencard before my kids turned 2. Will they receive a greencard same time as me?Mom is a US citizen
Carl Shusterman
Carl Shusterman
answered on Jun 7, 2018

Yes, assuming you are over 21 years of age, your kids should receive their green cards at the same time as you.

2 Answers | Asked in Immigration Law for New York on
Q: Hello, I have a question I’m a American citizen and I want to marry someone on a tourist visa, how does that work?!
Carl Shusterman
Carl Shusterman
answered on Jun 7, 2018

If your fiancee has been in the US for over 90 days, you can get married, and sponsor them for a green card.

File Petition for Alien Relative

Filing USCIS form I-130 is the first step towards getting an alien resident into the US. This petition establishes the relationship of the...
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1 Answer | Asked in Immigration Law on
Q: I have overstayed my visit in Jamaica as a US citizen but my father is Jamaican can i fill out unconditional landing?
Carl Shusterman
Carl Shusterman
answered on Jun 7, 2018

This forum is for US immigration law. You will need to consult with a Jamaican 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, but the odds of getting a 2nd extension are extremely low.

3 Answers | Asked in Immigration Law and Criminal Law for New Jersey on
Q: My friend is currently incarcerated he’s released date is next year but he is undocumented so will he be deported?

He wAs born in 1992, incarcerated in 2013, release in 2019, got GED in prison, working in trades in prison, good behavior.

Carl Shusterman
Carl Shusterman
answered on Jun 7, 2018

It will depend on whether he is eligible for post-conviction relief.

Over 600,000 persons are currently in deportation (removal) proceedings before Immigration Judges. It is the government’s burden to establish that they are removable from the United States by clear, convincing and...
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1 Answer | Asked in Immigration Law for Alabama on
Q: My OPT was approved in March, I got a job offer and began working in may.

What steps should i take to change status? I'm considering an HB1 and then later permanent residency

Carl Shusterman
Carl Shusterman
answered on Jun 6, 2018

Your employer should submit an H-1B petition for you in April. If you are selected in the H-1B lottery, you can get an H-1B visa. Otherwise, if you are eligible for STEM-OPT, make sure that your employer is on E-Verify and that way you can get another 2 years on OPT.

US immigration law...
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1 Answer | Asked in Immigration Law for New York on
Q: Hello my girlfriend's mother was staying here as a tourist from Russia for the last 4 months. She went back to Russia

She went back to Russia for 2wks. We are now being told that she is better staying for 2 more (so 1 month), as her chances are better for being let back in to the US if she left for a month as opposed to just 2wks. Does this sound accurate? Would not want to lose $$$ on tickets if this advice is... View More

Carl Shusterman
Carl Shusterman
answered on Jun 6, 2018

This is true, but probably overly optimistic. To improve her chances of being admitted to the US as a tourist, she should stay outside the US for several months.

Carl Shusterman

www.shusterman.com

1 Answer | Asked in Immigration Law for New York on
Q: can i get back to us with my winning wife of the green card lottery

i lived in us for 11 years then left after judge order of removal after 10 years ban who am over of it my wife won us green card lottery can i go with her along with our son she did mention us in her application but i am asking for my self because of my immigration history ahnk you verry much for... View More

Carl Shusterman
Carl Shusterman
answered on Jun 6, 2018

You would have to get at least 2 waivers in order to qualify for a green card. First, a deportation order bans you from immigrating to the US for 10 years. An I-212 waiver will be required. Second, you would need an I-601 unlawful presence waiver in order to get a green card. Speak with an... View More

1 Answer | Asked in Immigration Law for California on
Q: Can I work for a company of my home country with F2 visa in the US?

I have F2 visa (visa for the spouse of F1 student.) And I'm wondering whether I can work for my home country companies while I'm in the US with F2 visa under the certain circumstance that I am paid by home country currency and paid to my account in my home country.

Carl Shusterman
Carl Shusterman
answered on Jun 6, 2018

You are not permitted to work in the US in F-2 status.

2 Answers | Asked in Immigration Law for Iowa on
Q: Can I travel internationally while my I-140 and I-485 pending?

I am a citizen of Iran. I have concerns about traveling back home as the travel ban is still in effect. I filed I-131 and I-765 along with I-485 and I-140 on February 2018. I received my EAD with advance parole endorsement valid until May 2019. Also, my STEM OPT is still valid through March 2019.

Carl Shusterman
Carl Shusterman
answered on Jun 6, 2018

You can travel abroad using your advance parole.

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1 Answer | Asked in Immigration Law for New York on
Q: what should i use "has anyone else ever filed a petition for the beneficiary?" field?

My father filled petition for my sister who is married. My father is a citizen and 65 years old. Anything can happen to him anytime in this age. So i have also decided to file petition for her too. But the problem is there is one section where ask has anyone else ever filed a petition for the... View More

Carl Shusterman
Carl Shusterman
answered on Jun 6, 2018

You should say that your father has filed a petition for her. This is no a problem.

2 Answers | Asked in Immigration Law for New York on
Q: Can i invite my sister to visit united state to attend my graduation party?

i am a citizen and my sister is married. My parents are living with me here and we all are citizen. Now my graduation party is coming soon. Is there any way i can invite her to attend graduation party? is there any possibility she can get visa?

Carl Shusterman
Carl Shusterman
answered on Jun 6, 2018

Yes, she should apply for a B-2 tourist visa in order to attend your graduation party.

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1 Answer | Asked in Immigration Law for California on
Q: Hi applyg for GC for my parents from CA. I want to apply for I 130 and I 485 at the same time. How long does it take?

They are currently in B2 Visa.

Carl Shusterman
Carl Shusterman
answered on Jun 6, 2018

Currently, it is taking about one year to get an interview.

1 Answer | Asked in Immigration Law on
Q: How much time I need to wait for my boyfriend to request me and get a fiance visa ?

I was caught by ICE in January, the judge never gave me parole or bail, so I decided for a VOLUNTARY depart from the USA in May, I dont have a criminal record in the USA, never had any problems with the LAW, I entered the USA with a tourist visa, which I OVERSTAYED approx 18 months before being... View More

Carl Shusterman
Carl Shusterman
answered on Jun 6, 2018

Because you have over a year of "unlawful presence", you will need a "waiver" in order to return to the US.

1 Answer | Asked in Immigration Law for Arizona on
Q: when an aged out child from F2A to F2B

My questions on this is who automatically roles the child from one category to the next. Also do they keep thier original priority date. Does a new I-130 need to be filed and another I-130 fee need to be paid

Carl Shusterman
Carl Shusterman
answered on Jun 5, 2018

No new I-130 needs to be filed. No fee needs to be paid. Child moves from 2A to 2B category automatically on his/her 21st birthday.

1 Answer | Asked in Immigration Law for Indiana on
Q: If my friend fills out an I-485 does that mean she can't ever get a green card?
Carl Shusterman
Carl Shusterman
answered on Jun 5, 2018

An I-485 Application for Adjustment of Status is an application for a green card.

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