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Questions Answered by Carl Shusterman
1 Answer | Asked in Immigration Law on
Q: Is EB1C tough to get directly? Or is it best to get L1A and then move to EB1A?

I belong to an Indian company working from last one year. We have offices in US. I am planning to go ahead for work purposes. Just wanted to know if the level of scrutiny for EB1C is too tough? I heard the denial rate is high for EB1C? What do you suggest? EB1C or L1A to EB1C? In total i have 3... View More

Carl Shusterman
Carl Shusterman
answered on May 11, 2018

We always advise our clients to come to the US on an L-1A visa, and then to apply for a green card as a Multinational Executive or Manager.

1 Answer | Asked in Immigration Law for Connecticut on
Q: Hi i have a petition to a green card for me. I’m from Portugal and living in Portugal. I m married with an US citizen

Hi i have a petition to a green card for me. I’m from Portugal and living in Portugal. I m married with an US citizen. I overstay my esta 3 weeks when I got married. I submitted i130 in 8 January 2018 and now I’m waiting for the green card . When do you think I ll get my green card?

Carl Shusterman
Carl Shusterman
answered on May 11, 2018

The green card process through marriage can take up to one year.

1 Answer | Asked in Immigration Law on
Q: My fiance has won a lottery and was refused because of the travel ban. Is she qualified for F-2 visa?

She won her lottery in 2018. Is winning DV lottery and going for the interview is considered an intention to immigrate and can cause her problem to obtain her F-2 visa ?

Is it better if I go to the US first and then she applies for the F-2 after Sep 2018 or it does not have any difference ?

Carl Shusterman
Carl Shusterman
answered on May 11, 2018

If she is from Iran, the travel ban does not apply to student visa. However, applying for adjustment of status expresses a desire to remain in the US permanently. She should schedule a legal consultation with an experienced immigration lawyer.

1 Answer | Asked in Immigration Law for Texas on
Q: What steps can a family take if immigration takes there mother? Been in the US for 20 plus years not a criminal

She takes care of her kids and grandkids never bothers anyone, how can we fight to keep her here?

Carl Shusterman
Carl Shusterman
answered on May 11, 2018

If she one of her children is a US citizen who is 21 years of age, he/she can sponsor her for a green card.

1 Answer | Asked in Immigration Law for Mississippi on
Q: Before we apply for a k1 visa can she come here for the visit or do I have to visit her there?
Carl Shusterman
Carl Shusterman
answered on May 10, 2018

You can meet together anywhere.

1 Answer | Asked in Immigration Law for Florida on
Q: Am I allowed in the US with 2 days left on my H1 VISA on the passport?

I have H1-VISA valid until 06-24-18 and I am planning to return to the US from a Europe trip on 06-22-18. I have an approved I797. Any advice will be appreciated.

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

Yes, as long as your H-1B visa is still valid, you should be allowed to return to the US.

1 Answer | Asked in Immigration Law for Kentucky on
Q: I have a friend from Lebanon that has a green card & it is expired, what can they do?

They lived in the usa & studied here & went back to Lebanon when a parent became sick & now the green card is expired

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

They may be eligible for an SB-1 visa.

The SB-1 visa is given to those people who have previously held an immigrant visa or Green Card for the U.S. They traveled to a different country for a temporary visit, but due to reasons beyond their control or knowledge, they could not return to the...
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1 Answer | Asked in Immigration Law for Kentucky on
Q: my wife was deported on 4/28/2008 (voluntary). we filed a i 601 it was was recieved sept 2 ,2015 . my wife has had 2

interviews in Guatemala both times being denied a visa . why is the 601 taking so long ? now that she has been out of the US for 10 year are what are her chances of her getting a visa now?

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

A deportation order blocks a person from returning to the US for 10 years. However, an I-601 does not relate to deportation. If she applied for an I-601 because she was subject to the 10-year unlawful presence bar, and she has been outside the US for over 10 years, she no longer requires an I-601... View More

1 Answer | Asked in Immigration Law for Kentucky on
Q: I met a man in Kenya. He is 25 now. We have been in contact for years as family-son relationship. Can he immigrate? How?

He does not have a high school diploma. He works as a chef. He has had training in this. We have known each other about 6 years and met at the Fiwagoh Orphanage 2 times. We have been in contact since that time, and I could never find a visa category that seemed to fit. Is this impossible?

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

We represent chefs and get them O visas. However, this category is only for chefs of "extraordinary ability".

A US employer should file the petition (Form I-129) with:

A written advisory opinion from a peer group (including labor organizations) or a person designated by...
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1 Answer | Asked in Immigration Law for Idaho on
Q: If someone I contract out with hires illegal aliens, am I going to get prosecuted?
Carl Shusterman
Carl Shusterman
answered on May 10, 2018

Possibly. Not a good idea.

1 Answer | Asked in Immigration Law for Idaho on
Q: I'm on an I type visa and would like to get a driver's licence in the state of idaho.Is it possible? Thanks.

I would like to know what I can do to get a driver's licence.

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

You are on an I visa? If so, you should be able to get a drivers license. Speak with the motor vehicles department in Idaho.

1 Answer | Asked in Immigration Law for Illinois on
Q: While stopping at port in Puerta Vallarta Mexico (cruised and flown for 20 years) immigration took my resident visa card

I was told information states I used an alias while a 18 and detained for being with others in a gang. I am 44 years old have 3 children and 4 adopted young children...am small business owner and married ...home owner. Can I lose my citizenship opportunity or face deportation?

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

If you are placed in removal proceedings, you will need to hire an experienced attorney to present your case.

When you attend a removal or deportation hearing before an Immigration Judge, make sure that you walk into the courtroom accompanied by the most experienced and knowledgeable...
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1 Answer | Asked in Immigration Law for Arizona on
Q: Can my ex husbands green card be revoked after 17 years of marriage since he admitted to marrying only for documents?

I found out he has had 3 other children in Mexico while visiting his family throughout our marriage.. He was physically and emotionally abusive to my children and I and he also admitted to only marrying me for his documents, But stayed with me all these years because he made the mistake of having... View More

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

If you and he had children together, the chances that he would be deported for a fraudulent marriage are probably close to zero.

1 Answer | Asked in Immigration Law for Arizona on
Q: My Daughter got engaged to some one who lives in Dubai/ UA. What paper she needs to submit to got him to USA

She is American Citizen and he is from Iraq

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

She can sponsor him for a fiancee visa.

The U.S. citizen must start off the process by filing United States Citizenship and Immigration Services (USCIS) Form I-129F, Petition for Alien Fiancé. This, and other forms, are available from the USCIS website. (Click the "Forms" tab,...
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1 Answer | Asked in Immigration Law for Washington on
Q: I am waiting for decision on my I140 case for almost 3yrs. I have gone past more than 6yrs on my H1B. What r my options?
Carl Shusterman
Carl Shusterman
answered on May 10, 2018

You can continue to renew your H-1B status since you I-140 has been pending for almost 3 years.

If you have applied for asylum, a green card or US citizenship, and all you have got from the USCIS is a receipt and maybe a biometrics appointment, and you have waited way more than what the...
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1 Answer | Asked in Immigration Law and Child Custody for Arizona on
Q: Will an American-born Teen be asked to show a proof of citizenship if stopped by a boarder patrol officer in Arizona?

I am a green card holder who is mentoring an American-born teen. I always need to show a proof of residency when driving by the boarder patrol stops in Arizona. If the teen is with me, will she have to show a birth certificate as well? Do the boarder patrol officers have the right to ask about the... View More

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

Unfortunately, immigrant agents have arrested and imprisoned over 100 US citizens. However, it is not a requirement that a US citizen carry his/her birth certificate with them.

1 Answer | Asked in Immigration Law for Ohio on
Q: A friend is coming to the US to do some consulting - what kind of visa does she need?
Carl Shusterman
Carl Shusterman
answered on May 10, 2018

More information is needed in order to answer your question. Your friend should schedule a legal consultation with an experienced immigration attorney.

1 Answer | Asked in Immigration Law for California on
Q: Approved h1b petition, COS requested and under review for 30 days. Options?

H4 filed on Dec 20th 2017, and potential employer filed COS/H1b. April 2 2018, H1b approved as consular processing but COS (h4-h1b) was not granted. Attorney requested a review and the review was accepted and sent to adjudications. 30 days have passed and no update yet. Waiting to fly to Canada but... View More

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

Need more information. Why was your application for a change of status denied?

1 Answer | Asked in Immigration Law for California on
Q: I am a green card holder and I'm not been in US for 3 years and now I wnat come to US What's problems I'll have?
Carl Shusterman
Carl Shusterman
answered on May 10, 2018

A green card holder who has spent over one year outside the US without a Re-Entry Permit is considered to have abandoned his permanent residence in the US.

However, you may qualify for an SB-1 visa.

Permanent resident aliens, who were unable to return to the United States for...
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2 Answers | Asked in Family Law, Immigration Law, Child Custody and Child Support for Illinois on
Q: My son has my last name and his stepfather will not allow me to see my son.

My son is 15 years old and resides with his mother and his Jamaican born illegal alien stepfather.

Carl Shusterman
Carl Shusterman
answered on May 20, 2018

Your question does not relate to immigration law. Talk with a family lawyer about this. Good luck!

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