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2 Answers | Asked in Immigration Law for New York on
Q: During the whole interview officer keept assuming a marriage fraud just to obtain green card and at the end told me have

I had obtained a full permanent g.card from citzen wife( first cousin) five years ago then divorced. And now recently went to naturalization interview and She was angry while assuming me a fraud marriage just to obtain green card and said i have to review your case again and you will be told via... View More

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

It depends on whether the USCIS has any reason to believe that your previous marriage was not bona fide.

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2 Answers | Asked in Immigration Law for New York on
Q: I obtained full permanent g.card from citzen wife five years ago then divorced.now recently went to naturalization int

I had obtained a full permanent g.card from citzen wife( first cousin) five years ago then divorced. And now recently went to naturalization interview and She was angry while assuming me a fraud marriage just to obtain green card and said i have to review your case again and you will be told via... View More

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

It depends on whether USCIS has any reason to doubt whether your previous marriage was bona fide.

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4 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for New Jersey on
Q: How long can I use my International Driver's license/permit to drive legally in the US now that I'm a resident of NJ?

Hi. I am a Legal Permanent Resident with Green Card and Social Security Card. I am a resident of New Jersey since October, 2017. I possess a valid Driver's License from my country the Philippines. I also possess a valid International Driver's permit. Does my International Driver's... View More

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

No, you should apply for a New Jersey Drivers License as soon as possible.

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: Does failure to be recruited for Egyptian mandatory military affect getting US citizenship? Read the info section please

In Egypt, we have mandatory military services for males aged 18-30. An Egyptian male can legally defer his military service for the purpose of studying abroad until he is 29, then he has to return to Egypt to be enrolled in the military or get a medical exemption. There is a situation when the... View More

Carl Shusterman
Carl Shusterman
answered on May 29, 2018

No, this should have no adverse effect on your ability to become a US citizen.

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1 Answer | Asked in Immigration Law for Nevada on
Q: My husband and I are retired Canadian citizens and want to get American residency through our American daughter.

Since Canadians can stay in the USA for 6 months a year, can we apply while we're staying with our daughter in Reno and not have to leave while waiting for the visas?

Carl Shusterman
Carl Shusterman
answered on May 29, 2018

Yes, you can, but do not apply during your first 90 days in the US.

1 Answer | Asked in Immigration Law on
Q: Will I loose permanent resident status, if I accept a guilty please to the procession of queen conch and do jail time?

I have a case pending in Florida, I have not been convicted, but will be entering a guilty plea.

Carl Shusterman
Carl Shusterman
answered on May 29, 2018

Not unless queen conch is an illegal drug.

1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Q: After taking a break from job, do I need to find another employer before previous employer H1B expiration date?

I am currently on H1B status which is valid till 04/07/2019 but was thinking of taking a break from job and change status to H4. If I want start a new job again after the break do I need to find one before my current H1B end date of 04/07/2019 i.e. should the new employer file for my H1B transfer... View More

Carl Shusterman
Carl Shusterman
answered on May 28, 2018

If your spouse is in H-1B status, and you wish to stop working, you can apply to change your status to H-4. As long as you maintain your H-4 status, whenever you find another employer, you can change your status back to H-1B.

Good luck!

Carl Shusterman

www.shusterman.com

1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Q: Am I eligible to get H4-EAD using spouse's approved I140 immigration petition from previous employer?

My spouse has an approved I140 immigration petition from his previous employer. His new employer has yet to begin the green card process which is probably sometime this year. Am I eligible to get an H4-EAD with his approved I140 immigration petition from previous employer? And is it feasible to go... View More

Carl Shusterman
Carl Shusterman
answered on May 28, 2018

Since your spouse is in H-1B status and has an approved I-140, you probably are eligible for an EAD as an H-4 visa holder. The Trump Administration is considering stopping H-4 visa holders from obtaining EADs. It would be a smart idea to apply before they do so.

Good luck!

Carl...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: What is the maximum duration to stay outside US before returning back to US for visitors on B1/B2 tourist visa?

My parents are currently in US on B1/B2 tourist visa from 02/16/2018 and will be here till 07/25/2018. How long they have to be back in India or outside US so that they can travel back to US on the same tourist visa? I think the maximum duration they can stay in US is 6 months in one visit, correct?

Carl Shusterman
Carl Shusterman
answered on May 28, 2018

They can apply for an extension of their tourist status if they can show good cause to do so. If they are going to stay in the US for 6 months or more, I recommend that they return to India for a minimum of 6 months or more before seeking to return to the US as tourists.

Good luck!...
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1 Answer | Asked in Immigration Law for Texas on
Q: Applying for citizenship with shoplifting incident that happened 12 years ago.

I had this incident happened 12 years ago in 2006 and was seeking asylum at the moment (merchandise of 22$ worse). I payed all fines and received certified court letter that case has been dismissed.

(It was class B misdemeanor with 12 month probation)

In 2011 I applied for green... View More

Carl Shusterman
Carl Shusterman
answered on May 28, 2018

To be qualified for naturalization, you need to demonstrate that you have been a person of good moral character for the past 5 years. A shoplifting conviction which occurred 12 years ago will not prevent you from establishing that you are a person of good moral character.

Good luck!...
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2 Answers | Asked in DUI / DWI and Immigration Law for Texas on
Q: Hi I’m 21 years old I’m under the daca program i recently got arrested for dwi i have about 1 years left till reniew it

I’m sure this is going to affect me what’s the best thing i can do ?

Carl Shusterman
Carl Shusterman
answered on May 28, 2018

A DUI conviction would make you ineligible to continue your DACA status. Hire an experienced criminal attorney to see if you can get the charge dismissed or reduced.

Good luck!

Carl Shusterman

www.shusterman.com

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1 Answer | Asked in Immigration Law for Florida on
Q: Can an applicant file a family-based preference application for a relative while he's still waiting on his resident visa

I applied for residency for my parents and have an unmarried 18yrs old brother legally living in the US. Can I file a family-based preference application for him while my parents are still waiting on their resident visa overseas? Note that I'm a US Citizen.

Carl Shusterman
Carl Shusterman
answered on May 27, 2018

You have to be a US citizen in order to sponsor your parents and brother for green cards.

1 Answer | Asked in Immigration Law on
Q: Is there a statue of limitations on Bigamy?
Carl Shusterman
Carl Shusterman
answered on May 27, 2018

This is a criminal law question rather than an immigration law question.

1 Answer | Asked in Immigration Law, Tax Law and Traffic Tickets on
Q: What happened if I'm foreign and I have a ticket for possession of paraphernalia ?

My friend and I were pulled over a year ago , and the officer gave us a ticket for possession of drug paraphernalia even when I was a passenger and my friend the driver, So I required a court because I'm foreigner and I'm not guilty( and I don't want to have problems), I need to... View More

Carl Shusterman
Carl Shusterman
answered on May 26, 2018

Please be more specific. What do you mean by a "ticket for possession of paraphernalia?

1 Answer | Asked in Immigration Law for Wisconsin on
Q: Currently on F1-OPT, have green card approval, Filed for I-485 and I-765 and waiting for both. Can I apply for J visa?

Hi, thank you for your time in answering my question.

My F1-OPT is expiring soon. I have green card approval, but waiting for I-765 and I-485, which both are taking sooo long now. I'm afraid my F1-OPT expires before I get my EAD card (for green card). My employer is asking me to apply... View More

Carl Shusterman
Carl Shusterman
answered on May 26, 2018

No. J status will not be granted unless you can demonstrate that you have no intention of remaining permanently in the US. You have already applied for permanent residence in the US.

2 Answers | Asked in Immigration Law for New York on
Q: can i go back home country if i have already applied for affermative asylum application? how to go back ?

can i go back home country if i have already applied for affermative asylum application?

how to go back ? will usa let me leave without any problums? thank you

Carl Shusterman
Carl Shusterman
answered on May 26, 2018

You can leave the US without problems, but don't count on ever returning to the US.

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1 Answer | Asked in Immigration Law on
Q: if my kids are Canadian how .can I get a Canadian. resident
Carl Shusterman
Carl Shusterman
answered on May 26, 2018

This forum is for US immigration laws. You would need to consult a Canadian immigration attorney.

1 Answer | Asked in Immigration Law for New York on
Q: Naturalization (Immigration) filing questions about outstanding payments made.

I intend to say I have paid off alimony payments when filing N400, which I hope to pay off by the interview time, when I need to show the documentation. Will USCIS try to see whether the payments have been fully complete by the time of filing of N400 or by the time of interview, based on the claim... View More

Carl Shusterman
Carl Shusterman
answered on May 25, 2018

There is no need for you to have paid off all alimony payments when you file your N-400. If you have done so by the time of your naturalization interview, that should be sufficient.

2 Answers | Asked in Immigration Law for New Jersey on
Q: Can I file a FOIA request for a friend who is undocumented? They don't feel safe doing it themselves.
Carl Shusterman
Carl Shusterman
answered on May 25, 2018

No, you cannot do so. When a person is undocumented, they are taking a risk by listing their address on the FOIA application. However, as immigration lawyers, we routinely order our client's files using FOIA. We list our address, not the address of our clients.

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1 Answer | Asked in Family Law and Immigration Law for Connecticut on
Q: How do I legally use my married name before my on process i751?

I failed to use my married name when I applied for adjustment of status through marriage. Now i updated it on my i751 but its still on process. I need my name change on my ssn card to get a drivers license but my 2 year green card is expired. What should i do?

Carl Shusterman
Carl Shusterman
answered on May 25, 2018

Since you updated your name on your I-751, there is no immigration law issue. You need to talk with the SSA and the DMV about how to update your name on your SS card and your drivers license.

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