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Questions Answered by Carl Shusterman
1 Answer | Asked in Immigration Law for Kansas on
Q: Green card for 19 years. 9 month stay outside ending in June 2015. Physically present since. When can I file N400

My calculations suggest I can file in March 2020. Can I go for 4 year 1 month rule (sensible construction of statute argument)? How about filing at four years six months and one day (to avoid a stay of over 6 months within statutory 5 year period)?

Carl Shusterman
Carl Shusterman
answered on May 21, 2018

You can file your N-400 immediately as long as you have been physically present in the US for at least 30 out of the past 60 months.

1 Answer | Asked in Immigration Law for California on
Q: about a year from now my car got stolen and my greencard was inside of car,how can i obtain a replacement without paying

im homeless and i dont have any money to pay for fees,and i need to get a replacement so i can get a job

Carl Shusterman
Carl Shusterman
answered on May 21, 2018

Complete the most current version of Form I-912, Request for Fee Waiver. Instead of the form, we will also accept a letter with all the necessary information that states your request for a fee waiver, is signed by everyone requesting the fee waiver, and includes all the necessary supporting... View More

2 Answers | Asked in Immigration Law for California on
Q: how can i obtain a replacement greencard without paying any fees?
Carl Shusterman
Carl Shusterman
answered on May 21, 2018

Complete the most current version of Form I-912, Request for Fee Waiver. Instead of the form, we will also accept a letter with all the necessary information that states your request for a fee waiver, is signed by everyone requesting the fee waiver, and includes all the necessary supporting... View More

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2 Answers | Asked in Immigration Law for New York on
Q: Can I travel abroad without green card in my hands if my green card is currently in USCIS being replaced cause of error?

On May 17th I received the letter from USCIS saying that my new green card contains an error. They said I have to send it back in order for them to send me a new corrected card. I have a trip booked to Russia on May 28th and I cannot cancel it cause my flight has no insurance on it and was booked a... View More

Carl Shusterman
Carl Shusterman
answered on May 23, 2018

You need to have the USCIS stamp your passport with a temporary I-551 stamp before you travel abroad.

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2 Answers | Asked in Immigration Law for New York on
Q: Section 245(i) in i-485

What should I answer under the question:

Are you applying for adjustment based on the immigration and nationality act (ina) section 245(i)

I entered to USA in (2015) with the B2 and overstayed, my petition(i-130) is going to be submitted for my wife (us-citizen)

Thanks

Carl Shusterman
Carl Shusterman
answered on May 21, 2018

Since your wife is a US citizen, you do not need to apply for adjustment of status using section 245i.

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1 Answer | Asked in Immigration Law and Constitutional Law for Florida on
Q: I need someone to look into my case..please...can u look it up and get back to me ...786 258 0496 or 305 998 1373..immig

I need to know an i come back

Carl Shusterman
Carl Shusterman
answered on May 20, 2018

Need more information in order to assist you.

1 Answer | Asked in Immigration Law for Texas on
Q: Hi, i'm waiting for EAD live near the border, need to travel to Dallas, how can i pass the check point,don't have I-94

have my biometrics taken feb 22 /2018 day 103 no change yet , my I-485 still in process

Carl Shusterman
Carl Shusterman
answered on May 20, 2018

If you entered the US with a visa, go to the CBP website to get a copy of your I-94.

1 Answer | Asked in Immigration Law for Texas on
Q: waiting for EAD day 104, biometrics taken feb 22,live near the border, i need to travel to Dallas, no I-94 it's feasible
Carl Shusterman
Carl Shusterman
answered on May 20, 2018

You may be able to get a copy of your I-94 on the the CBP website.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Where can I get an affidavit proving marriage certificate is valid?

I'm trying to get a second citizenship and they will not accept my pennsylvania marriage license duplicate certificate. They want either another document proving our marriage, or an affidavit stating the duplicate certificate is an official document and there is nothing else. The courthouse we... View More

Carl Shusterman
Carl Shusterman
answered on May 20, 2018

Ask the courthouse to provide you with a certified copy of your marriage certificate.

1 Answer | Asked in Immigration Law on
Q: If I got refused a visitor visa based on the eco not able to get through to my employer should I reapply

I was questioned about my employment and funds in my account due to the eco not able to reach my employer because I forget to put the extension number on my application so the eco was not satisfied with my employment my funds and said they were not satisfied I was going to leave the U.K. Even... View More

Carl Shusterman
Carl Shusterman
answered on May 20, 2018

I am sorry, but I do not understand your question. What is "eco"?

1 Answer | Asked in Immigration Law and Tax Law for Louisiana on
Q: Israeli on a longterm visa in the US, how are taxes calculated?

My friend is self employed, and in fact pays -me-, we're trying to get him immigrated here since most of the team is US based. He pays himself 3k a month from our crowdsourced funds. Can anybody explain whether or not he'd be paying israeli taxes if he was living here for the duration of... View More

Carl Shusterman
Carl Shusterman
answered on May 20, 2018

I suggest that you see a CPA. Good luck!

1 Answer | Asked in Criminal Law and Immigration Law on
Q: Is there any pro bono lawyers I can talk to

I need a pro bono or low-cost attorney to represent me in court June 29th I have two misdemeanor cases

Carl Shusterman
Carl Shusterman
answered on May 20, 2018

There are plenty of pro bono immigration lawyers, but is your case in Immigration Court or in Criminal Court?

1 Answer | Asked in Immigration Law, Traffic Tickets and Juvenile Law on
Q: Can my parents get in trouble if I'm pulled over driving my friends mom's car that isn't insured? What would happen?

For example, if my parents had to pick me up would they be asked for id and stuff like that?

Carl Shusterman
Carl Shusterman
answered on May 19, 2018

This is not an immigration law question.

1 Answer | Asked in Immigration Law for Tennessee on
Q: My Honduran fiancee was in the US illegally years ago and got deported at the border in 2011. When we marry later this

Year, will he qualify for some type of US visa?

Carl Shusterman
Carl Shusterman
answered on May 19, 2018

Assuming you are a US citizen, you may sponsor your fiancee for a green card after you get married. However, see an immigration attorney to see if he is under a bar for his deportation and another bar for unlawful presence. He may need to get waivers if he is.

1 Answer | Asked in Immigration Law for Arizona on
Q: I am a legal resident since 2006. I have applied twice for citizenship and got denied because of issues in my continuity

Now, I have been in the U.S sine November 2014 and stayed over 30 months. Can I apply for citizenship now or should I compete 5 five years to apply? (five years starting November 2014). Prior to November 2014 I stayed over 6 months and I want to eliminate it from my records so it doesn't... View More

Carl Shusterman
Carl Shusterman
answered on May 18, 2018

You can apply for naturalization now if you have had a green card for 5 years and have been physically present in the US at least 50% of that time.

3 Answers | Asked in Immigration Law for California on
Q: Received USCIS approval letter for mom, Is there a time limit for the rest of process, considering travel ban?

if Travel ban wins in supreme court, is there any expiration of the approved petition? for how long can it seat waiting for the change in politics? Thanks

Carl Shusterman
Carl Shusterman
answered on May 18, 2018

Despite the Travel Ban, the visa petition does not expire. Seek a waiver of the ban on behalf of your mother.

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2 Answers | Asked in Immigration Law on
Q: US citizen married to a Ugandan staying in UG on a Dependency visa. Can I file for a greencard for him from Uganda?

He applied for a B2 visa to go with me to visit family in US and was denied. So now we are considering just moving there.

Carl Shusterman
Carl Shusterman
answered on May 18, 2018

Yes, you should start the process by filing the I-130 visa petition for him as soon as possible. The entire procedure may take about one year.

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2 Answers | Asked in Immigration Law for New York on
Q: I sent the papers to take conditions off my Green Card before expiration date, now it's expired and i still didnt receiv

Hi, i have a 2 year Green card ( through marriage), i filed the paperwork to take the conditions off and get a ten year Green card, i filed the papers 2 weeks before expiration date and now my Green card expired but i still didn't receive anything from immigration, also they still didn't... View More

Carl Shusterman
Carl Shusterman
answered on May 18, 2018

You may want to schedule an InfoPass appointment with the USCIS to see what is going on with your case.

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2 Answers | Asked in Immigration Law for Texas on
Q: Withdrawing of H1 petition after picking up in lottery

I got picked in Lottery and can see the update in my Sevis Record. Can somebody help me out if I want to withdraw my petition after selection in the lottery (Better offer from another employer), what is the procedure and will that impact my future application for H1B. Also Can I withdraw my... View More

Carl Shusterman
Carl Shusterman
answered on May 18, 2018

Only your (potential) employer can withdraw their H-1B petition for you. Speak with an immigration attorney before proposing this to them.

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1 Answer | Asked in Immigration Law for Wisconsin on
Q: i just got married and my wife got 2 kids fromprevious marriage how do i apply to bring them here legal
Carl Shusterman
Carl Shusterman
answered on May 17, 2018

If you are a US citizen and the kids were under 18 years of age at the time of your marriage to her, file I-130 forms for each of them.

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