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Questions Answered by Carl Shusterman
2 Answers | Asked in Immigration Law for Missouri on
Q: H4 was valid till Sep 2017,extension filed in Oct 2017 and still pending. Can I travel Canada or India to get H4 stamp?
Carl Shusterman
Carl Shusterman
answered on May 20, 2018

Usually, you can do so, but you are saying that you filed for an H-4 extension after your H-4 status expired?

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2 Answers | Asked in Criminal Law and Immigration Law for California on
Q: I have deportation removal to go back to Guatemala05/29/18 +u visa srill pending attemped murder vctim violent crimc

Also have an open DCFS caes my 11 month baby she in foster care my next prejury court date

may 29 2018 i did had a lawyer ive was paying her in paymens last month she quit on me with no notice last month during court hearing

Plus 2 month ago my old immigration lawyertold me not to... View More

Carl Shusterman
Carl Shusterman
answered on May 13, 2018

You need to schedule a consultation with an immigration attorney to see whether there are grounds to support a Motion to Reopen your case in Immigration Court.

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: How much time will he be getting?

Hello, this is an immigration question:

My son was deported from the US on 2012 after serving a 7 year sentence for residential burglary charges and receiving stolen property, He has a daughter back in the US so he entered the US and was arrested by immigration about a week ago. I think... View More

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

The Judge in his criminal case will decide how long he will spend in prison.

1 Answer | Asked in Immigration Law for Wisconsin on
Q: My fiancé has a green card and applied for citizenship. Will getting married affect his status?

My fiancé has a green card. He applied for his citizenship and has already done the biometrics. He is just waiting for a letter to take the test. If we got married in the meantime will it affect his application?

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

No, getting married should not affect his ability to naturalize.

1 Answer | Asked in Immigration Law for Wisconsin on
Q: Employment Authorization under DACA.

I have an employee who has been in the US since he was 4 and was issued an Employment Authorization Card through DACA. His card has been suspended since he has a misdemeanor due to the regulation changes. What can he do to obtain authorization to stay here and work? He's a great employee!

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

He should schedule a legal consultation with an experienced immigration attorney.

1 Answer | Asked in Immigration Law for Wisconsin on
Q: I am on F1 CPT but don't want to immigrate, How long will it take to get my EB4

I am on F1 CPT but don't want to immigrate, I am a resident of Wisconsin and got my PhD from 1995 to 1998 from UW Madison, I came back in 2013 to do my MS and graduated in 2017 December, I want to apply for EB4, I have registered a non profit new age religious and ecological organisation in... View More

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

There is no backlog for India in the EB-4 category for religious workers.

To be eligible for a green card in the religious worker category, you must:Religious Workers

Have been a member of a bona fide non-profit religious denomination for at least two years prior to the filing of...
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1 Answer | Asked in Immigration Law on
Q: My Step-dad wants to sponsor a visa for me to come to the states but the issue is the marriage occurred after I turn 18

He wants to sponsor a visa but the marriage occurred after I turned 18. Is there any way he can do this? What are the benefits of being considered a dependent on a pending Green Card application?

What visas are available to me. I turn 21 in a week

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

He cannot sponsor you for a green card if he married your mother after you turned 18. Schedule a consultation with an experienced immigration attorney.

1 Answer | Asked in Immigration Law for New Hampshire on
Q: My US citizen husband dies, what will happen to my N-400 since 3-year rule no longer applies?

My US citizen husband just passed away while my N-400 is still pending. I possess a 10-year green card. How his passing would affect my naturalization application? I had my finger printing. I did apply for the 3-year rule before we were married for 3 years, but not due to his passing do I need to... View More

Carl Shusterman
Carl Shusterman
answered on May 9, 2018

Yes, your N-400 application will be rejected without a refund, and you will need to wait for the 5-year rule to apply for naturalization. Sorry.

1 Answer | Asked in Immigration Law for New Hampshire on
Q: If I get charged with a DUI, can my student visa get revoked?
Carl Shusterman
Carl Shusterman
answered on May 9, 2018

Very possibly. However, only your visa is revoked. You will still remain in F-1 student status, but you will not be able to travel abroad unless and until you obtain a green card.

1 Answer | Asked in Immigration Law for New Hampshire on
Q: Are there any alternatives to H-1Bs for companies who need to hire foreign workers?
Carl Shusterman
Carl Shusterman
answered on May 9, 2018

Sure, there are many alternatives. Here are a few:

TN visas for Canadian and Mexican professionals

E-3 visas for Australian professionals.

L visas for executives, managers and persons with specialized knowledge who are transferring from an overseas branch of a company to a...
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1 Answer | Asked in Immigration Law for New Hampshire on
Q: How long does it take for adults from Brazil to gain U.S. citizenship in 2018?
Carl Shusterman
Carl Shusterman
answered on May 9, 2018

If they have green cards, they can apply for naturalization after 5 years.

1 Answer | Asked in Immigration Law for New Hampshire on
Q: If an H1B visa holder has a kid, is that kid a US citizen?
Carl Shusterman
Carl Shusterman
answered on May 9, 2018

The child is a US citizen if he/she is born in the US.

1 Answer | Asked in Employment Law and Immigration Law for Tennessee on
Q: I am a us citizen.i want to bring 2 brothers here to work. Which application will they use if they have a sponsor?

They are from the Philippines

Carl Shusterman
Carl Shusterman
answered on May 9, 2018

Believe me, it would take over 24 years for them to get green cards through you. (My wife is a Filipina.) If they qualify for temporary work visas, an employer in the US may sponsor them, and the procedure is relatively quick.

1 Answer | Asked in Immigration Law for Tennessee on
Q: Am here on a TN visa. Can my child get a summer job?
Carl Shusterman
Carl Shusterman
answered on May 9, 2018

If your child is in TD status, he/she is not permitted to work in the US.

1 Answer | Asked in Immigration Law for Delaware on
Q: overstayed B1 visa (24 years). Left volunt. US in 2010. Does the 10 year bar apply. Can I get a waiver?

I have a 21 year old son who is US born and lives there.

I lived in the US illegally for 24 years, no criminal record. Have bachelors and master's degree.

I have been outside the US for 7 years.

I want to return. I work for an American company and can transfer no problem.

Carl Shusterman
Carl Shusterman
answered on May 9, 2018

Yes, you are subject to the 10-year bar.

Currently, immediate relatives of U.S. citizens who have accrued a certain period of unlawful presence in the United States are barred from returning to the United States for as long as 3 or 10 years if they leave the country. However under the...
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1 Answer | Asked in Immigration Law for Delaware on
Q: Hi, I am f1 visa OPT EAD and I have american business man wants to sponsor me green card. What are the requirements ?

I come across a business man, who wants to use my business knowledge and computer knowledge and he is willing to sponsor me green card on his business or personally.

is it possible for him to sponsor me green card through his company?

if yes, what are the requirements for his... View More

Carl Shusterman
Carl Shusterman
answered on May 9, 2018

PERM is the process for obtaining labor certification, the first step of the green card process for foreign nationals seeking permanent residence through their employment.

To obtain an approved PERM Labor Certification, the employer must prove (through newspaper advertising and other...
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1 Answer | Asked in Immigration Law for Vermont on
Q: How does an arrest for a minor offense affect a person's green card status?
Carl Shusterman
Carl Shusterman
answered on May 9, 2018

It depends. If you are convicted of a drug offense, for example, you could be deported. On the other hand, a petty theft conviction may have no effect on your ability to qualify for a green card.

1 Answer | Asked in Immigration Law for Vermont on
Q: If I get caught with drugs on me while living in the U.S., how can that affect my immigration status?
Carl Shusterman
Carl Shusterman
answered on May 9, 2018

This could result in you being deported from the United States.

1 Answer | Asked in Immigration Law for Vermont on
Q: What are the penalties for overstaying a visa?
Carl Shusterman
Carl Shusterman
answered on May 9, 2018

Generally, this prevents you from adjusting your status to green card holder in the US with certain exceptions. If you leave the US, you may be subject to a 3 or a 10-year bar to returning to the US unless you obtain an "extreme hardship" waiver.

1 Answer | Asked in Immigration Law for Missouri on
Q: Can I travel overseas with pending I485? I am a current F1 visa holder.

My us citizen sibling petitioned me for a green card. I130 is already approved and I485 is pending. Can I go overseas for 2 weeks, or must I stay till I receive the green card?

Carl Shusterman
Carl Shusterman
answered on May 9, 2018

If you have an Advance Parole, you can travel overseas while your I-485 is pending.

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