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Questions Answered by Carl Shusterman
1 Answer | Asked in Immigration Law for Maryland on
Q: If someone is here on a student visa, can they stay if they get a job here after graduation?
Carl Shusterman
Carl Shusterman
answered on Jun 5, 2018

Yes, they can if they obtain Optional Practical Training.

Optional Practical Training (OPT) is a period during which undergraduate and graduate students with F-1 status who have completed or have been pursuing their degrees for more than three months are permitted by the United States...
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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Does the US let you be a dual citizen of your home country if you decide to apply to become a US citizen?
Carl Shusterman
Carl Shusterman
answered on Jun 5, 2018

Yes, but you need to check if your native county permits dual citizenship.

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1 Answer | Asked in Immigration Law for Illinois on
Q: Hi, this is regards to filling out my i9 forms. My green card is under my birth name, but all my IDs are my married name

Hi, my dilemma is I recently updated my last name, but my green card is still under my birth name. My lawyer recommended waiting til I renew to update my last name on my green card to avoid paying 600 again. Currently having problems filling out my i9 coz I'm not sure if I'm filling it... View More

Carl Shusterman
Carl Shusterman
answered on Jun 5, 2018

It would be helpful if you use the identical name on each of your documents.

1 Answer | Asked in Immigration Law for Arizona on
Q: where is the file sitting now if it has been rolled over from F2A to F2B

Who do I contact to find out information on the case , when I call uscis they say that nothing has been done on the case and we have to submit a new I130 pay the fee and start all over again. This doesn't seem right as I'm sure we were told she would be rolled over to F2B and keep the... View More

Carl Shusterman
Carl Shusterman
answered on Jun 5, 2018

Immigrant visa (IV) applicants currently working with the National Visa Center (NVC) to complete their IV applications should make sure NVC has a working e-mail address for at least one party on their case. (A case party is the petitioner, beneficiary, or agent/attorney.) If you have not... View More

1 Answer | Asked in Immigration Law for Arizona on
Q: regarding child who aged out of f2a

if the child who aged out of F2A category is it uscis who automatically rolls the child over to f2b and do they keep the same case number. You said in the last question a new I130 does not need to be filed so do we not need pay for another case. My husband is a lpr and he sponsored myself and my... View More

Carl Shusterman
Carl Shusterman
answered on Jun 5, 2018

Yes, nothing changes except that your daughter is now in the 2B category.

2 Answers | Asked in Immigration Law on
Q: Would I qualify for the SB-1 Visa?

When I was 15, my grandmother (who is my legal guardian) decided that I should stayed in my country against my will, just because I was gay and it affected her minister profIle, I had no one in Honduras and she took all of my papers back to the states in order for me not go back. I'm 23 now,... View More

Carl Shusterman
Carl Shusterman
answered on Jun 5, 2018

Yes, you may qualify for an SB-1 returning resident visa.

Under provisions of immigration law, to qualify for returning resident status, you will need to prove to the Consular Officer that you:

Had the status of a lawful permanent resident at the time of departure from the United...
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1 Answer | Asked in Immigration Law for Arizona on
Q: child aged out of f2a is it auto move to a F2b and the original priority date is kept does a new I130 need to be filed
Carl Shusterman
Carl Shusterman
answered on Jun 5, 2018

When the child turns 21 years of age, they automatically convert from the 2A to the 2B category. There is no need to submit another I-130 visa petition.

1 Answer | Asked in Immigration Law for Arizona on
Q: if child ages out of the F2A do they automatically get rolled over to the F2B category and retain original priority date
Carl Shusterman
Carl Shusterman
answered on Jun 5, 2018

When the child turns 21 years of age, they automatically convert from the 2A to the 2B category. There is no need to submit another I-130 visa petition.

1 Answer | Asked in Immigration Law for Arizona on
Q: if child ages out are they auto moved from F2A to F2B with same priority date and does a new I130 need to be filed

When a child ages out is the child automatically rolled over to from F2A to F2B and do they keep their same priority date. Does a new I130 need to be filed. If a new I130 needs to be submitted how much time do you have from the time they have aged out to submit it??

Carl Shusterman
Carl Shusterman
answered on Jun 5, 2018

When the child turns 21 years of age, they automatically convert from the 2A to the 2B category. There is no need to submit another I-130 visa petition.

2 Answers | Asked in Immigration Law for Texas on
Q: How do I present documentation of a previous J-1 visa for Adjustment of Status?

I'm in the US on a K-1 visa about to get married, and I'm preparing my Adjustment of Status. I've been to the US before on J-1 visas (I still have a couple in my passport, although they are expired). In the instructions for the Green Card says I have to present "documentation of... View More

Carl Shusterman
Carl Shusterman
answered on Jun 5, 2018

You can show your passport and your DS-2019 to show your past J visas and status. The visas and the DS-2019 will show whether you were subject to the 2-year home residency requirement. If so, you will either need to show that you returned to your country for 2 years or more, or that you obtained... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: trying to become a citizen. I registered to vote and I voted. their is anything I can do. I have a kid here?

Registered to vote. And voted. I have a child here in USA. I want to see if anything I can do.

Carl Shusterman
Carl Shusterman
answered on Jun 6, 2018

If you are not a US citizen, you should not be registered to vote. This could be a big problem in trying to qualify for a green card and naturalization.

Schedule a consultation with an experienced immigration attorney.

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1 Answer | Asked in Immigration Law for Washington on
Q: How do I count days of home residency for J1 visa?

I am subject to rule 212e based on USG funding.

On return to my home country after a 1-week exchange, I resumed duties as a member of the foreign service. As a result, I traveled on official duties a few times and the way I count those short trips out may matter down the line.

So... View More

Carl Shusterman
Carl Shusterman
answered on Jun 4, 2018

One day partly spent in the US is counted as being spent fully in the US. Even if you were in the US for just 1 minute. Other than that a day partly spent in your home country is fully spent in your home country.

2 Answers | Asked in Immigration Law for Ohio on
Q: Can a student on F-1 post completion OPT claim unemployment if losing the job was not their fault at all?

Would this be a ground for inadmissability in future green card applications?

Carl Shusterman
Carl Shusterman
answered on Jun 4, 2018

No, I do not believe that you would be eligible for unemployment benefits.

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1 Answer | Asked in Immigration Law for New York on
Q: us citizen but my child father is give me a tough time n it is not safe here. I hv no money to fight. Can I seek asylum

In canada

Carl Shusterman
Carl Shusterman
answered on Jun 4, 2018

I have never heard of Canada granting asylum to a US citizen.

Asylum and refugee status are special legal protections available to people who have left their home country for their own safety and are afraid to return to any place within that country. (If you can relocate and live safely...
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2 Answers | Asked in Divorce, Family Law, Immigration Law and Domestic Violence for New York on
Q: What are the obligations of the husband, who is the sole provider? What are my rights as a wife of U.S. citizen?

I got married February 2018 to U.S. citizen. Me and my daughter, (from my previous relationship) came to NY holding K1 & K2 visas last December 2017. Our visas have expired last March 2018.

And now my husband refused to:

1. setup a bank account for me, I have no regular... View More

Carl Shusterman
Carl Shusterman
answered on Jun 4, 2018

You are in a tough position since your husband refuses to sponsor you for a green card. Schedule a consultation with an immigration attorney to discuss your situation.

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1 Answer | Asked in Immigration Law for Arizona on
Q: if child ages out of the F2A do they automatically get rolled over to the F2B category and retain original priority date

does a new I130 need to be filed when the category is changed from the f2a to the f2b

Carl Shusterman
Carl Shusterman
answered on Jun 4, 2018

Yes, this is how it works. The 2B category is much more backlogged than is the 2A category.

1 Answer | Asked in Immigration Law for Texas on
Q: My wife got an RFE while renewing her permanent resident card

They are asking her to provide her current Permanent Resident Card and photocopies are not acceptable? If she sends them her resident card then she will not have one so we are lost on this request, any knowledge on what we should do?

Carl Shusterman
Carl Shusterman
answered on Jun 4, 2018

Do you know why USCIS is asking for her current card? You may want to speak with an immigration attorney before doing so.

1 Answer | Asked in Immigration Law for California on
Q: Is it illegal for border patrol to send my dad back to Mexico even though he suffered a major accident trying to cross?

my father was trying to cross the border and fell and broke his leg and then was taken to a hospital where he needed emergency surgery as told by doctors but a border patrol agents refused him to get any further help and just sent right back with his broken leg which is causing a lot of pain

Carl Shusterman
Carl Shusterman
answered on Jun 4, 2018

Not very humane! However, this is not necessarily a violation of US immigration laws. Perhaps you should speak with a personal injury attorney.

1 Answer | Asked in Immigration Law for Nevada on
Q: 49 yrs living in us since i was 4 wks old. Permanent resident. Birth cert shows father as us citizen. Am i a us citizen?

I am 49 yrs old. Been in us since i was 4 weeks old. Currently a permanent resident. Birth cert shows father as us citizen. Wouldnt i automatically be a us citizen? Parents are already deceased. And if i am a us citizen. How do i go about verifying or stating i am a us citizen. Do i not need to... View More

Carl Shusterman
Carl Shusterman
answered on Jun 4, 2018

You very well may be a US citizen. However, there are a lot questions which need to be answered including: Were your parents married at the time of your birth? Was your father a US citizen at that time? How long had he been physically present in the US prior to your birth? How old were you when... View More

1 Answer | Asked in Immigration Law for California on
Q: Would immigration remove my citizenship?

i am usa citizine for 8 years,marry to american citizen and have togeter child,but now we are divorcing and my spouse try say i did comite marrige fraud (prior child was not disclosed at time of marrige We are marry 17 years and have second child together,After 1,5 years of marrige he did bring my... View More

Carl Shusterman
Carl Shusterman
answered on Jun 4, 2018

If you have a child together and you are a US citizen, I don't think you have any reason to fear that the USCIS will try to take away your US citizenship.

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