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2 Answers | Asked in Immigration Law for New York on
Q: U.S. citizen filing I-130 wife lives in Canada illegal. Do i file for her in Canada or she should go to her home country

Can i file the petition as if she is in her home country to have a interview in that embassy or do i file with her Canada address and she will get an interview for U.S. Embassy in Canada. Thanks for your help.

Carl Shusterman
Carl Shusterman
answered on May 17, 2018

Tell the truth about her address. She will be interviewed at a US consulate in her country.

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2 Answers | Asked in Immigration Law for Florida on
Q: I have a interview for citizenship coming up I have lost my passport will I need it
Carl Shusterman
Carl Shusterman
answered on May 17, 2018

No, you will not need a passport at your naturalization interview.

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1 Answer | Asked in Immigration Law for Georgia on
Q: Can my spouse apply for adjustment of status to legal permanent resident without 212(e) waiver?

My spouse was on a J-1 Visa subject to 212(e). He returned to the U.S. under an F-1 Visa without residing in his home country for two years. We got married this past December and are trying to apply for his green card; however, we are uncertain if he needs to apply for a 212(e) waiver.

Carl Shusterman
Carl Shusterman
answered on May 16, 2018

Yes, he needs to get a J waiver before he will be eligible for a green card.

1 Answer | Asked in Immigration Law on
Q: If I am a U.S. citizen how can I get permanent residency what requirements? How long must I be in the country to get it?

I have birth certificate and passport and am a U.S. citizen need to know am I eligible to get a residency what is the requirement and the minimum amount I must be in the country as I have been in Australia since I was 10 and plan to go back this year and live need to know what is the minimum... View More

Carl Shusterman
Carl Shusterman
answered on May 16, 2018

Since you are a US citizen, there is no need for you to become a permanent resident of the US.

2 Answers | Asked in Immigration Law for Washington on
Q: My friend will marry her American fiance. Her interview is coming. They never had a proposal. What should they say?

They never had a proposal. If the embassy asks about it during the interview, is it better to tell them they didn't have one, but explain why (Fiancee's shyness), or to make something up? I know that no proposal seems so fishy, but they are honestly getting married out of love. I... View More

Carl Shusterman
Carl Shusterman
answered on May 16, 2018

Whatever you do, tell the truth. Committing fraud would be a barrier to getting a visa and/or a green card.

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1 Answer | Asked in Immigration Law for Ohio on
Q: Full time masters while H1B renewal is pending

My H1B is undergoing renewal(expected to be approved in sept 18). Now I have an admit for an masters program in USA but in a state different from my work location. My company is ready to give me leave of absence but the H1B approval decision will come in September 2018 but my program starts in Jul... View More

Carl Shusterman
Carl Shusterman
answered on May 16, 2018

You cannot stop working for your H-1B employer while your extension of status is pending. And because you have an approved I-140, you probably will not be able to get F-1 student status. Schedule a consultation with an experienced immigration lawyer.

1 Answer | Asked in Immigration Law for Colorado on
Q: I'm marrying someone from Pakistan - are we able to get married in England and then live here?
Carl Shusterman
Carl Shusterman
answered on May 16, 2018

Your place of marriage does not determine whether you can live in the US.

If you are a US citizen, you can sponsor your spouse for a green card.

To qualify for a marriage-based visa or green card, you must be legally married. A legal marriage is one that is officially recognized by...
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2 Answers | Asked in Immigration Law for Maryland on
Q: How long does it take to get a decision on a green card after the interview?
Carl Shusterman
Carl Shusterman
answered on May 16, 2018

It varies according to the facts in the case. Many times, our clients are approved within a week or two. Other times, USCIS refuses to make a decision for months and sometimes we have to sue them in Federal Court in order to force them to make a decision.

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2 Answers | Asked in Immigration Law on
Q: If I am a U.S. citizen how long will it take me to get permanent residency ? How long must I be in the country to get it

I obtain a birth certificate and passport which makes me a born U.S. citizen?

Carl Shusterman
Carl Shusterman
answered on May 16, 2018

If you are a US citizen, you are not a permanent resident.

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2 Answers | Asked in Immigration Law on
Q: I'm trying to fill the forms i-601 i-212 how do I go about it It's for my husband he is from Guatemala

And is it necessary to have a lawyer to help out in the case

Carl Shusterman
Carl Shusterman
answered on May 16, 2018

Yes, you should hire an immigration attorney to assist you.

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3 Answers | Asked in Criminal Law and Immigration Law for Tennessee on
Q: if ur in jail for improper lane usage nd influence of first offense can you fight your case i they called immigration?

i think they have him on hold there no date when will immigration take him they might send him to luisiana is there a chance he can be released or he will be deported

Carl Shusterman
Carl Shusterman
answered on May 16, 2018

Need more information. What is his immigration status in the US?

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1 Answer | Asked in Immigration Law for Minnesota on
Q: What is a quicker process marrying outside the United States then getting a husband visa or getting a fiancee visa?

The gentleman I'm wishing to marry is from Gambia but has been living in Rome Italy for almost 4 years. He has tired for Italian citzenship but without luck. I'm trying to see what is the quicker route for marriage. I have just recently divorced. I have visited him in Rome.

Carl Shusterman
Carl Shusterman
answered on May 16, 2018

Usually, it is a bit faster to get a fiancee visa than it is to get a green card through marriage.

1 Answer | Asked in Immigration Law, Education Law and International Law on
Q: Hello, May I have H1B visa if i am a student of a university for 4 years and may I study bachelor with H1B visa?

I had a break year , since I have been a student of a university for 4 years am I able to apply for H1B? I want to transfer to another school and while studying bachelor , I want to work. Is H1B enough for that? And is an associate degree enough to apply for H1B visa too?

Carl Shusterman
Carl Shusterman
answered on May 16, 2018

You can go to school with your H-1B visa as long as you continue to work for your H-1B sponsor.

1 Answer | Asked in Immigration Law on
Q: I need to know if I was born is the U.S. have a birth certificate and passport am I automatically a legal U.S. citizen?

I also need to know if I have a citizenship can i than become a permanent resident? when i move back as I currently live in Australia and am planning to go back to the states in august

Carl Shusterman
Carl Shusterman
answered on May 16, 2018

If you were born in the US, you are a US citizen. You would have to renounce your US citizenship and be sponsored for lawful permanent residence.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I'm an American citizen by birth. I'm also a Grenadian citizen because both my parents are from Grenada & the Grenadian.

constitution says I am. I have both passports. Can I change my status from American citizen to permanent resident & only keep my Grenadian citizenship or do I fully have to expatriate?

Carl Shusterman
Carl Shusterman
answered on May 16, 2018

You would have to fully expatriate.

1 Answer | Asked in Immigration Law for Texas on
Q: If Im a resident applying for citizenship will my spouse be detained for no papers because of my app. Info?
Carl Shusterman
Carl Shusterman
answered on May 15, 2018

I have never seen a spouse detained because of an application for naturalization listed her/him.

1 Answer | Asked in Immigration Law for Illinois on
Q: If I have employment authorization card can I get a medical card?
Carl Shusterman
Carl Shusterman
answered on May 15, 2018

What do you mean by "medical card"? You are free to purchase a medical insurance policy.

2 Answers | Asked in Immigration Law for Georgia on
Q: My husband was told he can not apply for the green card because he crossed the boarder twice is this correct?

I am a US citizen my husband has no record. He has a workers permit but he was told he would get the 10 year penalty if he chose to file for a green card because he crossed the boarder twice. For the past 7 year he has been filing only a workers permit due to being worried he will be deported for... View More

Carl Shusterman
Carl Shusterman
answered on May 15, 2018

You may be referring to the permanent bar.

The permanent bar comes from Section 212(a)(9)(C)(i) of the I.N.A., which makes inadmissible “Any alien who (I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or (II) has been ordered removed under...
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2 Answers | Asked in Immigration Law for California on
Q: I'm a greed card holder who would like to apply for a reentry permit to have my college education in the Philippines.

Since I am a minor (17 years old) and not used to being alone, I would also like my mother who is also a greencard holder to accompany me for the meantime in the Philippines. She will be filing a reentry permit too. Will this be acceptable?

Carl Shusterman
Carl Shusterman
answered on May 15, 2018

Yes. She can use form I-131 to reapply for a Re-Entry Permit. This will allow her to remain outside the US for up to 2 years without losing her permanent resident status.

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2 Answers | Asked in Immigration Law on
Q: Applying for indefinite leave to remain with a student Tier 4 Visa.

I'm currently completing my 2nd year out of a 4 years long masters degree course. I've got a Tier 4 Visa, and would like to know if there is a way for me to take a path after university that would allow me to apply for indefinite leave to remain without getting married, and whilst having... View More

Carl Shusterman
Carl Shusterman
answered on May 15, 2018

This is a forum regarding US immigration law. You need to consult with an immigration lawyer in the UK.

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