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Questions Answered by Carl Shusterman
2 Answers | Asked in Immigration Law for Virginia on
Q: What can we do if Ice took my son from county jail and brought him back, now county and Ice denies his custody?

He paid his bond at the county, then Ice picked him up, and then brought him back for hearing, now the county says they got him on loan from Ice, and Ice office says his name doesn't show up in their system, we have a document where the county court denies his custody, what can we do?

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

You need to schedule a consultation with an experienced immigration attorney to represent you, and possibly, to litigate this in Federal Court.

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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Can the asylee who holds a green card renew the passport of the country he claimed an asylum from in the embassy in US?

Hello, I'm an asylee with a green card. My passport expired two years ago. When I applied for a green card as an asylee, I also applied for RTD and it was issued in July last year. The RTD is valid for only one year and would expire in July 2023. I need to travel to Europe in August. I applied... View More

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

Not a good idea. USCIS may reexamine whether you really have a well-founded fear of persecution from your country if you do so.

Please see https://www.shusterman.com/asylum-us/

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1 Answer | Asked in Immigration Law for New York on
Q: Green card processing starting is delayed and I am on my final year of H1B

I am currently on my final year of H1B and my company is unable to file my PERM because of layoff.

What could be my possible options.

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

Rather than leave the US, you can explore other temporary work visas that you may be eligible for.

Please see https://www.shusterman.com/temporaryworkingvisas/

2 Answers | Asked in Immigration Law for Texas on
Q: See next line.

I know someone who took their child from school in Colombia, with out the fathers permission. She then illegally brought the child to United States where one of their family members have given them money to move across state lines and for expenses. The mother will leave her child with strangers for... View More

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

You can report this to the government.

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2 Answers | Asked in Immigration Law for Florida on
Q: A friend of mine lives in Ghana. She had a baby from an American citizen and he planned on moving them both to the US;

However, during his last visit, he kidnapped the 6 month old child from her mother while the mom went on an errand, and bought the child to the US. There’s been no communication between them. He got a US passport for the child and snuck her off. Mom was still breastfeeding the baby. What can the... View More

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

He may be subject to criminal prosecution for kidnapping. She needs to report him to authorities.

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2 Answers | Asked in Immigration Law for New York on
Q: Is there a way of bringing a person from India to the US to do a niche job that it’s impossible to find here.
Carl Shusterman
Carl Shusterman
answered on May 9, 2023

Perhaps on a temporary work visa. See https://www.shusterman.com/temporary-visa/

The wait for an employment-based green card for Indians is off the map. Please see https://www.shusterman.com/visa-bulletin-state-department/

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2 Answers | Asked in Employment Law, Immigration Law and Construction Law for New York on
Q: Waivering of tests for experienced foreign engineers.

I am a civil engineer with 23 years of experience outside USA . Certificates accredited by WES.

I am here on a valid tourist visa . Can I apply for waivering of tests and get a work permit inside USA ?

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

You will need to be sponsored for an H-1B work visa.

Please see https://www.shusterman.com/h1b-visa-professional-model/

I recommend that you find an H-1B cap-exempt employer: https://www.shusterman.com/h-1b-visa-cap-exempt/

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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 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 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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