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Questions Answered by Carl Shusterman
2 Answers | Asked in Immigration Law for Ohio on
Q: When applying for a K1 visa, do I need to list an arrest that led to juvenile diversion and has since been expunged?

I am trying to file for a K1 visa. It states that I need certified copies of police and court records of any offense I was arrested for. When I was a teenager I was arrested for petty theft. I was put into juvenile diversion and did not have to appear in front of a court. The records have been... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 28, 2018

Yes, you do. You can ask the Court where you were convicted for your Records of Conviction, expungement, etc.

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1 Answer | Asked in Immigration Law for Arizona on
Q: I canceled my fiancé visa once by sending a letter that I don’t want him anymore

After they revoke his visa 2 years latter I applied for him again to bring him to USA from Afghanistan after his interview his visa revoked 221g administrative process. Will they use my old case and letter to denie his visa this time ?

Carl Shusterman
Carl Shusterman answered on Jun 28, 2018

You broke up and got back together again? If so, this will subject to your new petition to additional scrutiny.

1 Answer | Asked in Immigration Law for New York on
Q: Can i apply for green card while i am visiting USA in B1/B2 visa?

My wife is a USA citizen and she was USA citizen before our marriage. we are married for 15 years and we have two son and both of them are USA citizens. i have been to USA 4-5 times in last 6 years in Business and travel visa. We were settled outside usa and now want to move to USA. I have few... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 28, 2018

Do I have to wait for 90 days from my last entrance in USA for applying I-130?

It should not be your intention to adjust your status in the US when you arrive as a visitor.

I recommend that you speak with an immigration attorney in private about your questions.

2 Answers | Asked in Immigration Law for Massachusetts on
Q: If my current partner files for someone else years ago could she file for me now?

My partner is puerto rican and she was married to a man who did not have documents. She filed for residency and then years later she was divorced. Now we are together and my visa has expired. We have a child and plan to marry but I would like to know if her previous filing would affect me when she... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 28, 2018

Once you are married, your wife can sponsor you for a green card. Her previous application for her former husband should have no bearing on her ability to sponsor you.

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1 Answer | Asked in Immigration Law for California on
Q: Can I travel back to my country of asylum with a travel document and green card status(granted from Parent becoming citi

Can I travel back to my country of asylum with a travel document and green card status(granted from Parent becoming citizens)

Looking to go back for the funeral of my grandfather, applied for a travel document and stated this reason for returning to my country.

I understand due to... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 28, 2018

Seems like you understand the problem. Since your green card was based on asylum, and your asylum application was based on your fear of persecution in your country, if you now return to your country for your grandfather's funeral, your green card could be revoked and you may never be allowed to... Read more »

3 Answers | Asked in Criminal Law and Immigration Law for New Jersey on
Q: If I was to be in a vehicle that was pulled over and I have no ID on .e such as my green card or anything, what happen?

I am legally allowed to be here but no documents or ID on me during the stop. If I was only a passnager and not the driver, what can happen? Would they detain me?

Carl Shusterman
Carl Shusterman answered on Jun 28, 2018

As a passenger, you are not required to carry an identification document.

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1 Answer | Asked in Immigration Law for California on
Q: I will become a US citizen in about 9 months I applied about 2 months ago and did a finger print about month ago in San

I will become a US citizen in about 9 months I applied about

2 months ago and did a finger print about month ago in San

Francisco,

My dad who is a Canadian citizen just came here visiting me

legally 3 days ago .

in July 2014 he was deported from California... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 27, 2018

When you became a US citizen, you can sponsor your father for a green card. Rather than overstaying, why doesn't he apply for an extension of his status?

2 Answers | Asked in Criminal Law, DUI / DWI and Immigration Law for California on
Q: Will my husband immigration spousal application be denied if he never attend to a alcohol program after dui?

He was never given any information about where to call to attend in court and he got his license in 2015. When he leaves to Juarez for his interview will they dig this up and deny his petition? He has no other arrest than a dui in 2009. He completed work release and court probation.

Carl Shusterman
Carl Shusterman answered on Jun 27, 2018

He should show his paperwork to an experienced immigration attorney before going to Ciudad Juarez.

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2 Answers | Asked in Immigration Law for Texas on
Q: Reenter US with F2 visa

I have a valid F2 visa until 2020, with my wife being the sponsor.

My wife was F1, then OPT, and then transferred to another school for another F1, but same SEVIS number.

I would like to know if I can reenter US with the same valid F2 visa, or do I need to get a new visa, since... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 26, 2018

What is your question?

Assuming your wife is now in H-1B status, you can apply for H-4 status as her dependent.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: My DACA was denied with the Reason stating that I "Acquired lawful immigration status on December 23 2015".

I have had a Daca for, four years. My Mom applied for a UVisa in 2015 that was approved in 2016. The lawyer she hired advised her, that it did not apply to me because I had gotten Married in 2014.

I am confused I used everify and it just said I was authorized to work. I am very unsure of... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 26, 2018

If you did not become a lawful permanent resident, the DACA denial is probably incorrect. Show your paperwork to an experienced immigration attorney.

2 Answers | Asked in Immigration Law for California on
Q: My friend in India is trying to get a divorce from an NRI who is awaiting his green card in the US..

He is refusing to give her a divorce stating that the conditions for divorce (she has filed a few cases against him on domestic violence) will make him ineligible for a Green Card. his claim is that if he agrees to her terms on a Compromise for divorce in India, her cases against him, which are in... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 26, 2018

Only a criminal conviction for domestic violence can affect his application for a green card.

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1 Answer | Asked in Immigration Law on
Q: J-1 visa put under AP twice, got the first visa after 2 months of waiting, applied again for the same visa AP again.

Same consulate, Same type of visa, couldn't attend with the first visa due to exceeding the time given (issued the last day of the deadline), got new admission at another place just after just 2 month of the first visa and again under administrative processing, Both cases asked to fill DS5535 form.... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 26, 2018

Under this administration, there is a new level of scrutiny.

If a consular officer determines that a visa applicant warrants this additional scrutiny, the applicant will be instructed to provide the following information on Form DS-5535:

Travel history during the last fifteen years,...
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1 Answer | Asked in Immigration Law for Ohio on
Q: My asylum application was denied 10 years ago and I'm in order removal . I married a woman whose been granted asylum

How she can help me to stay legally

Carl Shusterman
Carl Shusterman answered on Jun 26, 2018

You need to get your deportation case reopened which you may be able to do under last week's Supreme Court decision in Pereira v. Session. Then, if entered the US lawfully, you may be eligible to adjust your status to permanent resident without having to leave the US.

Carl Shusterman...
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1 Answer | Asked in Immigration Law on
Q: I am married from u.s citizen since 2005 and I filled for( I 485 ) and I had an Approval for my case and they issued an

Employment Authorization on 2006 for one year and I had to renewed on 2007 then they called us for an interview on Sept 2007 and my wife couldn't take a day off work and on Oct 2007 I had to leave u.s for an emergency reason in my home country and I didn't file for travel doucment to reentry to u.s... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 26, 2018

Your wife can sponsor you for a green card by submitting form I-130 and attachments to the USCIS. Once it is approved, you can apply for an immigrant visa in your country.

Carl Shusterman

www.shusterman.com

1 Answer | Asked in Immigration Law for California on
Q: can i do a migration to my fiance hes in iraq ?

hi my name is marleen i have lived in america for 7 years . i dont have american citizenship

my question .. can i immigration papers to my fiance hes in iraq and we are not married ? please answer me

thank you ..

Carl Shusterman
Carl Shusterman answered on Jun 26, 2018

Are you a permanent resident of the United States? If so, once you marry your fiancee, you can sponsor him for a green card.

1 Answer | Asked in Immigration Law for California on
Q: Unusually Long I-290B (for I-485) Processing Times? (~1 year 3 months now)

I'm a 23-year old male whose I-485 was denied on the grounds of "not taking action after turning 21" (unsure of specific wording), while the rest of my family was approved for theirs. My lawyer told me there's precedent for my case where others have had their I-485 denied as well, and most of them... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 26, 2018

You can have an immigration lawyer file a Petition for a Writ of Mandamus in Federal Court to force the USCIS make a decision in your pending case.

The Federal Judge can not tell the USCIS whether they should approve or deny your case but the Judge can order the USCIS to make a decision on...
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1 Answer | Asked in Immigration Law for New York on
Q: I am political asylum seekers here since on march 2015 and waiting for interviews. Can I bring my family from my country
Carl Shusterman
Carl Shusterman answered on Jun 25, 2018

Having a pending asylum application does not permit you to bring your family to the US. Only when your asylum application is approved can you bring your spouse and children to the US.

2 Answers | Asked in Immigration Law for New York on
Q: N-400 re-apply

I withdrawn my marriage based n-400 after more than a year pending, but i haven't received acknowledgment from USCIS that they consent to the withdrawal. I would like to refile now based on 5-year rule? Can i do that in the current situation? i have no criminal record

Carl Shusterman
Carl Shusterman answered on Jun 25, 2018

Yes, you can. To be eligible for naturalization, you must:

Be a lawful permanent resident of the United States for 5 years, or 3 years if married to a U.S. citizen for a minimum of the 3 years (although there are certain exceptions to this requirement for persons who have honorable service...
Read more »

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1 Answer | Asked in Immigration Law on
Q: Dear sir, My name is xxx im 37 years old Egyptian lives in Kuwait marries to 33 years old philipina and I have a six

Dear sir, My name is xxx im 37 years old Egyptian working in Kuwait as Health insurance executive married to 33 years old registered nurse from philippines and I have a six years old boy. 3 of us have a tourist visa to US. And we would like to stay permanent ( LEGALLY) in US. There is any way,... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 25, 2018

We represent hospitals across the US who are looking to hire experienced RNs. They will sponsor qualified nurses for green cards.

Carl Shusterman

www.shusterman.com

2 Answers | Asked in Immigration Law for Ohio on
Q: Can a Filipino Citizen marry an American citizen while they are in the U.S. on a tourist visa?
Carl Shusterman
Carl Shusterman answered on Jun 25, 2018

You can do so, but it is advisable to wait until you have been present in the US for at least 90 days to do so.

Carl Shusterman

www.shusterman.com

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