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3 Answers | Asked in Immigration Law and Domestic Violence for New York on
Q: VAWA cases that consist of mainly emotional abuse?

I had a short term marriage and suffered narcissistic abuse at the hands of my wife. Has anyone had any experience of winning a VAWA case like this? That are almost solely based on emotional abuse, not physical. My 6 months were horrific and like most "victims" I am still wearing the... View More

Carl Shusterman
Carl Shusterman
answered on May 31, 2018

It is crucial that you provide as much evidence as possible showing that you have suffered abuse. Some of the best evidence of this would be police reports or restraining orders against the abuser. If the abuser was arrested or convicted of physically abusing you, you can submit court records... View More

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: I filed for my wife as a Spouse of a Permanent resident, her Visa appointment is Next Month, but i'm becoming a Citizen

...I'm becoming a citizen the following month after she has her visa approved, will that affect her coming in to the States? could the us customs and border protection not approve her to come to the US because at that particular time i will be a Citizen but her coming in to the states she... View More

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

You may want to postpone your naturalization ceremony until she enters the US. She will be admitted in the family-based 2A category as the spouse of a permanent resident.

2 Answers | Asked in Immigration Law for New York on
Q: USCIS I-485 Request for Initial Evidence

I recently received Request for Initial Evidence from USCIS for my pending I-485 based on F2A family preference category. My wife is sponsoring me and she is the only sponsor. In the RFE, USCIS is asking me to resubmit I-864 form along with my wife's most recent tax return and W2 forms. My... View More

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

Your question is unclear. Are you taking about your wife when you say "sponsor"? Or is there a co-sponsor?

You may want to consult with an experienced immigration lawyer about this matter.

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1 Answer | Asked in Immigration Law for Idaho on
Q: My friend was beat, robbed, held at gunpoint , home broken into. I-918 needs signed. Cops won't sign..WHY??

Maybe because it's a case of racisim?? Someone has to sign this I -918 for the U-Visa.my friend IS a Victim of Crime. We have all the proof

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

Your friend should meet with an immigration attorney who is experienced in U visas.

1 Answer | Asked in Immigration Law for Colorado on
Q: We've adopted 2 yr old born in Juarez I am a citizen of U.S. what is the child's status now does she become a citizen
Carl Shusterman
Carl Shusterman
answered on May 30, 2018

First, you need to apply for permanent residence for your child. Then, she may become a "derivative citizen".

1 Answer | Asked in Immigration Law for New York on
Q: Can I travlel overseas if my Citizenship appointment interview is pending?
Carl Shusterman
Carl Shusterman
answered on May 30, 2018

Yes, you can. If you are outside the US when your interview is scheduled, you can request a postponement.

2 Answers | Asked in Immigration Law for New York on
Q: Can my friend file a divorce case against his lesbian American wife now and get his immigration cleared ?

Can my friend file a divorce case against his lesbian American wife now and get his immigration cleared ?

My friend is in a sticky situation. He came on a Tourist Visa, overstayed the date on his I-94 and then got married to a US Citizen after a very short courtship. His wife turned out to... View More

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

He should meet with an experienced immigration attorneys asap.

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2 Answers | Asked in Immigration Law for Arizona on
Q: My husband came to the US with a work visa. When i petition him will he have to quit his job until adjustment?

His Visa was renewed May of last year and it was for 3 years. I am afraid that he will loose status once i petition him (be in limbo). I want to know so we can prepare and save money if I will be the only provider. Am i wrong?

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

If you are a US citizen, you can immediately sponsor your husband for a green card. He can continue working with his temporary visa in the meanwhile.

Carl Shusterman

www.shusterman.com

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3 Answers | Asked in Divorce and Immigration Law for Florida on
Q: If I have conditional green card and my spouce wants divorce due to his health problems, can I still get permanent card?

I am a foreign citizen and I just got my marriage-based conditional green card which expires in two years. My spouce is much older than me (late 60s) and has heart problems (he had surgery about 7 years ago and will probably need another one soon to install some kind of mechanism). He wants to... View More

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

If your marriage ends in a divorce before your conditional permanent residence (CPR) expires, you should submit an I-751 waiver to the USCIS as soon as your divorce becomes final.

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2 Answers | Asked in Immigration Law for Florida on
Q: hi can i go back home country and how ?

hi my aslum application is pending with asylum office from one year . now i have no more threats to go back to home country .can i do that and how ? pleaee guide me ?

thank you

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

You can withdraw your asylum application and travel back to your country.

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1 Answer | Asked in Immigration Law on
Q: My J1 aupair sponsor endend prematurely my program in SEVIS. I stayed 11 months in the us after that, did I overstayed ?

Hello,

Last year, I was anau pair in the US with an agency. My agency endend my program in SEVIS because of an issue with them three weeks after my arival (so I guess that they ended to sponsor my visa...). I didn't really know that. I stayed in the US 11 months after they ended my... View More

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

You violated your status by staying in the US. However, If you were admitted for "D/S" or "duration of status", you did not incur any "unlawful presence". Despite that, you will probably not be able to return to the US on ESTA or get a visa anytime soon.

1 Answer | Asked in Immigration Law for Washington on
Q: If my ex only reported his children he has with his ex girlfriend and not mine for his u visa is that fraud
Carl Shusterman
Carl Shusterman
answered on May 30, 2018

Not necessarily. To commit fraud, he must have made a material misrepresentation. Whether he has children or not may not be relevant to his eligibility for a U visa.

3 Answers | Asked in Immigration Law for California on
Q: If I have been here since I was 12 years old and I am now 36. Came to US as an immigrant. Was petitioned by my father

Who Is a US citizen at the time. Would I be eligible to be a US citizen automatically without going through the interview process? I read something about that?

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

You may have "derived" US citizenship through your father. Consult with an attorney experienced in derivative citizenship law.

Carl Shusterman

https://www.shusterman.com/americancitizenshipthroughparents/

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2 Answers | Asked in Immigration Law for New Jersey on
Q: I lost my green card and haven't renewed my green card in about 30 years, can i still renew it? what should i do?
Carl Shusterman
Carl Shusterman
answered on May 30, 2018

If you have maintained your lawful permanent resident status for the past 30 years, you can renew your green card by filing form I-90.

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1 Answer | Asked in Immigration Law on
Q: If I own a US LLC or C-Corporation, and I live outside of America. Is it possible for me to immigrate using a work visa?

Business is going to be registered in Delaware. Two business partners are in UK and India. And another partner in Florida, USA

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

Does your country have an E-2 treaty with the US?

An E2 treaty investor visa is a non-immigrant visa reserved for foreign entrepreneurs of countries that have a Treaty of Trade and Commerce with the United States. E2 investor visas allows foreign investors to enter and work inside of the...
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3 Answers | Asked in Immigration Law for California on
Q: Can I leave the country for short time during removal proceedings under these circumstances?

I am green card holder since Jan 2012. I have done my Master's at USC, CA (2011-13) and worked at Intel Corp (2013-15).

Since then I moved to India and have been maintaining my green card by visiting USA every 5 months. After getting married in Mar 2017, I filed for petition I130 for... View More

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

Visiting the US every 5 months does not help you to maintain your lawful permanent resident status. Schedule an appointment with an experienced immigration attorney.

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1 Answer | Asked in Immigration Law on
Q: It's a matter of life and death how do I proceed with asylum or how do I apply or file for it in AZ living outstate now

I'm currently across the border in nogales Sonora Mexico plz advise.

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

Your first step in applying for asylum will be to fill out USCIS Form I-589 and mail it to USCIS together with other documents you'll be asked to provide. One of the most important will be a detailed affidavit which needs to contain specific facts that you're prepared to explain orally,... View More

1 Answer | Asked in Immigration Law on
Q: Hey I need some help my case status states that my case was place on hold due to pending litigation what does it mean?
Carl Shusterman
Carl Shusterman
answered on May 30, 2018

There is a pending case in Federal Court which will affect the outcome of your pending application.

2 Answers | Asked in Immigration Law for Idaho on
Q: For the U Visa I'm having the local law enforcement sign I-918 form!! I would greatly appreciate it if I could get help

I'm hving trouble with local law enforcement not signing the I-918 form

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

If law enforcement will not sign the I-918, you are ineligible for a U visa.

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1 Answer | Asked in Immigration Law for Idaho on
Q: Hello , I'm filing for a U-Visa I can't get local law enforcement to sign the I-918 ( SuppB) what can I do?
Carl Shusterman
Carl Shusterman
answered on May 30, 2018

This is a requirement for a U visa.

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