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2 Answers | Asked in Immigration Law for Texas on
Q: Is it okay to travel on H1b when at the same time AP is under renewal process?

Hello,

I’m going India from May 20 to June 28. My AP is going to expire in mid of Nov and my attorney asked me to apply for renewal 180 days before its expiration date, means I will have to put AP for renewal somewhere in mid of May. I was wondering if traveling on H1b may cause any... View More

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

Yes, it is generally okay to travel on H1B while the Advance Parole (AP) application is under renewal process. However, you should keep in mind that traveling outside of the US while your AP application is pending may be considered as abandoning your application. Therefore, it is recommended that... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: F-1 Student arrested for Class A misdemeanor. No case filed. Case expunged. Can I travel home and get visa renewed?
Carl Shusterman
Carl Shusterman
answered on May 8, 2023

If you have been arrested for a Class A misdemeanor, you should consult with an experienced immigration attorney before traveling or attempting to renew your visa. Even if the case has been expunged, there may still be a record of the arrest that could affect your immigration status. An immigration... View More

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2 Answers | Asked in Family Law and Immigration Law for California on
Q: What should I do if I want to correct a date of birth on all legal documents?
Carl Shusterman
Carl Shusterman
answered on May 8, 2023

You will need to produce a certified copy of your Birth Certificate and explain why the documents contain the wrong date of birth.

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2 Answers | Asked in Immigration Law and International Law on
Q: Is my child really required to get a birth certificate from a country he wasn't born in?

I am a Nigerian-American currently living in Nigeria with my Filipino wife and stepson. I am in the process of adopting my stepson through a local adoption in Nigeria. I recently learned that after adoption, a new birth certificate should be issued. Does this mean that my Philippines-born stepson... View More

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

You need to pose your questions to an attorney in Nigeria who is familiar with this law.

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2 Answers | Asked in Immigration Law, Gov & Administrative Law and Military Law for New York on
Q: Do I need to sign up for Selective Service if I plan to move out of the U.S?

I been living in the U.S for more than a decade now ever since I was a toddler on a green card. However, I plan to move out of the United States permanently, and go back to S. Korea to attend university there because I'm a Korean citizen. The problem is that I will be graduating from high... View More

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

In the United States, almost all male U.S. citizens and male immigrants residing in the U.S. who are 18 through 25 years old are required to register with the Selective Service System. This includes U.S. born and naturalized citizens, parolees, undocumented immigrants, legal permanent residents,... View More

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2 Answers | Asked in Family Law, Immigration Law, Adoption and International Law on
Q: Is my child really required to get a birth certificate from a country he wasn't born in?

I am a Nigerian-American currently living in Nigeria with my Filipino wife and stepson. I am in the process of adopting my stepson through a local adoption in Nigeria. I recently learned that after adoption, a new birth certificate should be issued. Does this mean that my Philippines-born stepson... View More

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

You need to pose your questions to an attorney in Nigeria who is familiar with this law.

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2 Answers | Asked in Immigration Law for New Jersey on
Q: Initially requested reschedule for marriage based green card interview but now we want to withdraw application.

Would this be a problem and prevent me from applying for a green card again in the future? I left the US without advance parole so application is probably already abandoned but they still sent an interview date. Should this be included in the letter? Is the reason that now I’m pursuing further... View More

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

Would this be a problem and prevent me from applying for a green card again in the future?

The bar at 204(c) specifically refers to a marriage entered into for the purpose of obtaining permanent resident in the United States. If the USCIS determines that you fraudulently entered into the...
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2 Answers | Asked in Immigration Law for New York on
Q: What if I automatically became an citizen through a parent but haven't naturalized yet can I be bard from getting my

My citizenship if I have felony

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

No, since you acquired US citizenship through a parent, it can not be taken away.

Please see https://www.shusterman.com/citizenship-through-parents/

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2 Answers | Asked in Family Law and Immigration Law for Illinois on
Q: Im an Italian citizen, want to marry Illinois prisoner.

I would travel to Centralia as a tourist for a few days, and I absolutely don’t want to apply for a Green Card after the wedding, since I still want to live in my Country.

Can you tell me what do we need to know and to do in order to make this happen?

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

That's going to be very tricky. You will need to convince the CBP officer at the airport that although you are going to marry a US citizen, you have no intention to remain permanently in the US. Best to schedule a consultation with an immigration attorney to discuss this.

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2 Answers | Asked in Immigration Law for California on
Q: Would it affect my future immigration process if I email or contact an inmate? Does it appear in my record?

A friend of mine is in local custody and I would like to contact them, but I want to know if emailing or calling them will affect my future immigration process that I will start, also would it affect my DACA renewal?

Thank you for your time.

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

Would it affect my future immigration process if I email or contact an inmate? Does it appear in my record?

The answer to both questions is "no".

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3 Answers | Asked in Immigration Law for Alabama on
Q: What’s the status for a FN driver licence holder when their green hard has been expired while waiting for citizenship?

Last time I used my green card to do it, now since both of my cards are expired at the same time how I can get an ID?

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

You are still a lawful permanent resident despite the expiration of your green card. You should submit form I-90 to renew your green card while you are waiting to naturalize.

For additional information regarding naturalization, please see https://www.shusterman.com/naturalization/

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2 Answers | Asked in Immigration Law for California on
Q: After you granted asylum and received new i-94,when submitting form i-485,do you need to mention new i94 or the old one?
Carl Shusterman
Carl Shusterman
answered on May 8, 2023

In applying for adjustment of status, you need to reveal the information contained on your most recent I-94.

Please see https://www.shusterman.com/adjustment-of-status/

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4 Answers | Asked in Immigration Law for New Jersey on
Q: Do I qualify for a i601a waiver?

I have been having daca since I was 17 yrs old. Married to USC and have an approved i-130. I am planning to file a i601a waiver because I dont want to file an adjustment of status. I believe advanced parole is too risky if they don’t let me back in the country. But the question is…I haven’t... View More

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

If you have not accrued any unlawful presence in the United States, there is no need for you to apply for an I-601a waiver. Please see https://www.shusterman.com/i601a-provisional-waiver/

The safest way for you to get a green card is to adjust your status in the U.S. Please see...
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3 Answers | Asked in Immigration Law for New Jersey on
Q: Can I apply for a 601A Waiver if I don’t want to take the risk of applying for adjustment of status?

I currently have daca and have been having it since before I turned 18. I am currently married to a US Citizen and have an approved 1-130. I do not want to take the risk of applying for advanced parole and then filing i-485. I would like to apply for the i601 a waiver.

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

Since you have had DACA since before your 18th birthday, you have no unlawful presence and do not need an I-601A waiver. Still, your best option would be to adjust your status in the U.S.

Please see https://www.shusterman.com/green-card-through-marriage/

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3 Answers | Asked in Immigration Law on
Q: Re-entry to the United States with a long expired Green Card.

It has been 9 years since my green card expired. I've been living outside the US during that time. What are my options to re-enter the US with the least amount of hassles?

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

Due to your lengthy stay outside the US, your permanent resident status has been abandoned, and you will again need to be sponsored for a green card.

You can explore your options at https://www.shusterman.com/green-card/

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3 Answers | Asked in Immigration Law on
Q: Am I considered a US citizen

i am a child of a US citizen father and alien mother (in wedlock), i was born abroad. but not registered with the US embassy, because my father has an warrant on him in the US. i am over the age of 18 but my father met all the transmission requirements prior to my birth ( i have all his previous... View More

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

If you meet all of the legal requirements, you acquired US citizenship at birth, and can get a Certificate of Citizenship by filing form N-600.

Please see https://www.shusterman.com/citizenship-through-parents/

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3 Answers | Asked in Immigration Law for New York on
Q: what the potential consequences for not mentioning kid in I485, based on VAWA?

I485 is currently pending, but the child is not included. After getting Green Card based on VAWA - will it be difficult to petition for a child who was not mentioned in i485?

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

I485 is currently pending, but the child is not included. After getting Green Card based on VAWA - will it be difficult to petition for a child who was not mentioned in i485?

Yes

Please see https://www.shusterman.com/vawa-immigration/

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3 Answers | Asked in Immigration Law and Adoption for Illinois on
Q: Need help with for I 135 petition for my daughter?

I am a resident since 2007 and want to help my family (daughter ) from CHILE.

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

If you are a green card holder and your daughter is unmarried, you can sponsor her for a green card. Start by filing form I-130. https://www.shusterman.com/immigration-forms-free-download/

Please see https://www.shusterman.com/green-cards-for-spouse-and-children/

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2 Answers | Asked in Family Law and Immigration Law for Maryland on
Q: So I’m from italy, I am 17 and I came in USA 4 years ago, now I’m going back there to start university but my abusive mo

So I’m from italy, I am 17 and I came in USA 4 years ago, now I’m going back there to start university but my abusive mom doesn’t want to renew my passport and I’ll have to wait till Im 18 but University things are starting now, can I still do something to make her do what she should? (I... View More

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

You may be able to apply for a passport from the Italian Consulate closest to you.

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3 Answers | Asked in Immigration Law for Connecticut on
Q: Would living in the US after my tourist visa expired affect my I130 visa process from my permanent resident parents?

I am a foreign citizen, living in Greece and 35 years old. My parents currently live in US as permanent residents, since my brother petitioned I130 for them. My parents have submitted I130 for me, but the case would take 7-8 years until I get my green card and move in the US. In the case that I... View More

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

Do not stay illegally in the US.

Consider other options to get a green card;

https://www.shusterman.com/green-card-through-marriage/

https://www.shusterman.com/green-card-through-employment/

Or a temporary visa:

https://www.shusterman.com/temporary-visa/

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