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Questions Answered by Carl Shusterman
1 Answer | Asked in Immigration Law for Missouri on
Q: EAD, I-145, for F2A F1 student (general strategy)

I am on an F1 visa. I'll be done with a rule 212(e) from a prior J1 visa in December 2018. If my LPR spouse files I-130 in January (she'll be eligible to naturalize in April 2020, one month before I graduate), do you think I'd be able to use Table B to get an EAD before I graduate?... View More

Carl Shusterman
Carl Shusterman
answered on May 25, 2018

Confusing. Are you getting a J waiver or are you spending the required 2 years in your country?

Are you eligible for STEM OPT?

You should schedule a consultation with an experienced immigration attorney.

1 Answer | Asked in Immigration Law for Ohio on
Q: Applying for H1B visa transfer while another transfer is pending

I Worked with Employer A ( with approved H1B ), then i joined employer B with pending H1B transfer application( with I-797 receipt, not an approved 797). In a few months, while H1B transfer was still under processing, i receiver offer from Emplyer C. Is it fine if i ask employer C to apply for H1B... View More

Carl Shusterman
Carl Shusterman
answered on May 25, 2018

Not recommended. Better to have Employer C file an H-1B petition premium processing and then go abroad to get a new H-1B visa.

1 Answer | Asked in Immigration Law on
Q: Can age requirement for adult child be waived? Daughter was 24 when she found me.

Immigration law says whatever the father's state says for out of wedlock birth

Carl Shusterman
Carl Shusterman
answered on May 25, 2018

If you are a US citizen, you can sponsor an adult daughter for a green card. If you are a permanent resident, you can only sponsor an unmarried adult daughter for a green card.

1 Answer | Asked in Immigration Law for California on
Q: I got a speeding ticket today will that affect me renewing my daca I have my biometrics next week??
Carl Shusterman
Carl Shusterman
answered on May 25, 2018

No, this will not affect your ability to renew your DACA status.

1 Answer | Asked in Immigration Law for Illinois on
Q: I have couple of questions regarding the executive order that is going in effect August 9 2018 for students overstaying

I came to US 2005 on H2B visa and then changed my status to B2 and F1 vas the last one I had for few years. In 2010 I stopped going to school and since than I am in US overstay.

My boyfriend Is US citizen and we are planning on getting married, but he is in process of divorcing which should... View More

Carl Shusterman
Carl Shusterman
answered on May 25, 2018

Since you are marrying a US citizen and adjusting your status in the US, the new order regarding "unlawful presence" should not affect your ability to do so.

1 Answer | Asked in Immigration Law for Virginia on
Q: Green card related question

My family won green card 2 years ago at that time we all got visas except my dad because he had previous conviction ( he never been in prison he just needed to pay fine) . At the embassy they said we have to apply for petition for my dad from America.We did that and my dad finally got visa. He came... View More

Carl Shusterman
Carl Shusterman
answered on May 25, 2018

Difficult to understand your question. Best option is to meet with an experienced immigration lawyer.

1 Answer | Asked in Immigration Law for Florida on
Q: Should I disclose my arrest for driving while license suspended from 6 years ago if I haven’t done it before?

I have TPS from Honduras. I was recently sent a “intent to deny” letter because I guess I didn’t click yes or no to a question in part 7. I was arrested 6 years ago because of driving with a suspended license but in my past applications I didn’t disclose of the arrest because I thought you... View More

Carl Shusterman
Carl Shusterman
answered on May 24, 2018

You need to disclose all arrests on your application. You should get an experienced immigration attorney to assist you.

3 Answers | Asked in Immigration Law for California on
Q: Can my parents become U.S. residents if they were ordered to be deported years ago and never left?

They have 4 children, all U.S. citizens. They also have U.S. citizen parents.

Carl Shusterman
Carl Shusterman
answered on May 23, 2018

That's going to be very difficult if not impossible. They should schedule a consultation with an experienced immigration attorney.

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2 Answers | Asked in Immigration Law for New Jersey on
Q: Do i have to file at Fault divorce vs No Fault if i want to divorce cause adultery happened and ill need to self petitio

i got to married to my husband and we had a child , i also got a temporal green card already. I found out that my husband cheated on me ( i have proof and he is not even contesting it) Do i have to file at Fault divorce vs No Fault if i want to divorce cause adultery happened and ill need to self... View More

Carl Shusterman
Carl Shusterman
answered on May 23, 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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1 Answer | Asked in Immigration Law for California on
Q: My name is xxx im a attempt murder victim they used a sledge hammer 4 to head& face 2016 of feb att she quit on

An deportation removal order haz been place on me by may 29,2018 u visa pending i have my 10 month baby in foster home next court is on 05/29/2018 as well i been struggling to survive from streets to hotels i have medical condition my life has change i get seizure i need a lawyer to help me with... View More

Carl Shusterman
Carl Shusterman
answered on May 23, 2018

Justia listed pro bono immigration attorneys in Los Angeles at https://www.justia.com/lawyers/immigration-naturalization/california/los-angeles/legal-aid-and-pro-bono-services

1 Answer | Asked in Domestic Violence and Immigration Law on
Q: HOW CAN I GET A VPO ON AN EX BOYFRIEND THAT WAS ABUSIVE AND IS ILLEGAL AND WONT STAY AWAY FROM MY HOME.

I HAVE CALLED IMMIGRATION AND I HAVE CALLED THE POLICE BUT THERES NOT MUCH THEY CAN DO WITHOUT A VALID ADDRESS. MY EX BOYFRIEND HAS A P.O. BOX FOR HIS ADDRESS HE LIVES IN A TRAILER AND THE P.O. BOX IS LOCATED DOWNTOWN FROM HIS TRAILER. I FEEL THREATEN BY HIM HOW DO I GET A VPO SERVED?

Carl Shusterman
Carl Shusterman
answered on May 23, 2018

If your boyfriend is present illegally in the US and is abusing you, you should let ICE know where his trailer is located.

1 Answer | Asked in Employment Law and Immigration Law for Michigan on
Q: I currently have both OPT EAD and TPS EAD.Can I work as a UBER driver using my TPS EAD? without affecting my OPT EAD?

Will my OPT EAD get invalid, or will there be any problem when extending my OPT EAD after a year ( I have STEM degree) if I use TPS EAD to work?

Carl Shusterman
Carl Shusterman
answered on May 23, 2018

I would not do so. Since TPS is being cancelled for so many countries recently, it is much safer for you to only use your OPT EAD.

3 Answers | Asked in Immigration Law for New York on
Q: How can one legalize their status.How can they become legal?

For someone that came legally to the USA, is it possible to permanently and legally stay even after losing student status?

Carl Shusterman
Carl Shusterman
answered on May 23, 2018

Yes, for example, if you entered into a bona fide marriage with a US citizen, your spouse could sponsor you for a green card.

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2 Answers | Asked in Immigration Law for Florida on
Q: Need a lawyer to submit I-751? 1st case was fast, simple, no complications. Can we do it ourselves to save $?

My wife (UK) and I worked with an immigration attorney for our first case (AOS). The actual interview lasted less than 15 minutes and we were approved on the spot. We are trying to save money, and the petitioning to have the conditions removed seems like a straight-forward process that doesn't... View More

Carl Shusterman
Carl Shusterman
answered on May 23, 2018

Yes, if you and your wife are living together, you can submit the I-751 form and supporting documents without the assistance of an attorney.

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1 Answer | Asked in Immigration Law for Arizona on
Q: I'm a DACA recipient. Can I take a San Diego whale watching ferry tour without fear of deportation?
Carl Shusterman
Carl Shusterman
answered on May 22, 2018

Yes you can as long as the ferry does not leave the US.

1 Answer | Asked in Immigration Law for Illinois on
Q: we apply in September 2017 for I 485 in Chicago . I got the work permit but not the interview. When should I get that ?

Married with a citizen

Carl Shusterman
Carl Shusterman
answered on May 22, 2018

You can look at the USCIS website to see processing times. In most offices, it takes about one year for a green card marriage interview.

2 Answers | Asked in Employment Law and Immigration Law for Arkansas on
Q: question on concurrent H1-B which is working for multiple employers.

Hello, currently I have a job with employer A which is full time who holds my H1-B and Green card process. Now I have a job offer from another employer B which is remote work which i can work from a place where i have employer A. So can I file H1-B with employer B and once it is approved, can i... View More

Carl Shusterman
Carl Shusterman
answered on May 21, 2018

Employer B can file an H-1B petition on your behalf. When it is approved, you can work concurrently for both employers.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: I'm Brazilian and I'm in chapel hill I've been 2 years, I've seen a tourist but it's expir

somebody and we live together, but I do not have work and no money to survive, What should I do, what are my chances?

Carl Shusterman
Carl Shusterman
answered on May 21, 2018

Anderson, do you have a question that relates to immigration law?

2 Answers | Asked in Immigration Law for Texas on
Q: I completed my bachelors in December (my completion end date was in February). Since I graduated in feb, I thought my pr

I completed my bachelors in December (my completion end date was in February). Since I graduated in feb, I thought my program end date would still be may and I didn’t apply for OPT. Later I realized that I was under the false assumption and have missed the deadline to apply for OPT within 60... View More

Carl Shusterman
Carl Shusterman
answered on May 21, 2018

Complex situation. You should not try to solve this online. Schedule a consultation with an experienced immigration attorney.

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1 Answer | Asked in Immigration Law on
Q: I am Registered nurse from india.I had approved I 140 petition which was filed in 2007 by one employer.

Due to retrogression the employer has abandoned me.Now after 10 years my priority date has become current,I signed up with another employer and they have filed i 140 petition which was denied after responding to RFE.Now the employer is telling that they will refile it.They have not shared the... View More

Carl Shusterman
Carl Shusterman
answered on May 21, 2018

They should request that the USCIS allow you to retain your 2007 priority date.

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