Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Carl Shusterman
2 Answers | Asked in Immigration Law for Massachusetts on
Q: During my interview for I-485 the officer told me he will denied as there is no visa available. can I apply again ?

I haven't got the denial letter yet and online status showin "interview finished and case must be reviewed", Visa not available means USCIS received my file when retrogresson started? Can I apply again before getting the denial letter.

Carl Shusterman
Carl Shusterman
answered on May 8, 2018

Need more information to answer your question. Why was there "no visa available"?

View More Answers

2 Answers | Asked in Immigration Law for Ohio on
Q: I am a US Citizen over 21 I want to apply for my mom would she need a i-601 waiver?

This December will be 10 years since she left the US she was not deported. If she doesnt need a waiver do I have to wait until December to start the process?

Carl Shusterman
Carl Shusterman
answered on May 8, 2018

You can sponsor her for a green card immediately. After December, she will be able to immigrate to the US without an unlawful presence waiver.

View More Answers

1 Answer | Asked in Immigration Law for California on
Q: Hello, i filed for conditions on 2 year green card to be removed more than a year ago and still no news. is it normal?

I married an american citizen in 2013, we have a 4 year old child and another one on the way. I filed for conditions to be removed on my 2 year green card on June 13th 2016 and was given a year's extension which has now expired and yet no news from USCIS. Called them many times, they did not... View More

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

You can have an immigration lawyer file a Petition for a Writ of Mandamus in Federal Court to force the USCIS make a decision in your pending case.

The Federal Judge can not tell the USCIS whether they should approve or deny your case but the Judge can order the USCIS to make a decision on...
View More

1 Answer | Asked in Immigration Law for California on
Q: I am US citizen. After filing the CR-1, can my spouse travel other countries besides the US, while the process happens.

I am a US citizen, I run a manufacturing plant in Fiji. I travel back and fourth (US to Fiji). My fiancé is from India. We will be getting married in November. After filing the CR-1 paperwork, can we file our CR-1 paperwork through the US embassy in Fiji ?

After filing the CR-1 paperwork,... View More

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

If she is from India, she will ultimately have her interview for a green card at a US Consulate in India.

1 Answer | Asked in Immigration Law for California on
Q: My father has been a permament resident since 1989 and wants to apply for citizenship.

He and my mom separated about 20 years ago. My mom received pilublic assistance for me and my siblings. Will this affect my dad when applying? Is there a way to check if there's any outstanding child support payments or anything of that nature before he sumbits his application?

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

Yes, this may affect his ability to naturalize.

1 Answer | Asked in Immigration Law and Child Support for California on
Q: My father has been a permanent resident since 1989 and is looking into applying for citizenship.

He and my mother have been separated since 1995 and my mother received public assistance for my and my 2 siblings. Will this affect my father's application? Also, is there a way to lookup to see if there is an outstanding child support balance? Thank you.

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

Yes, this may affect his ability to naturalize.

1 Answer | Asked in Immigration Law for California on
Q: I have TPS from El Salvador and I applied for advanced parole. If and when I get accepted do I have to travel by plane?

Or can I travel by bus?

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

You can travel by place, bus, ship or automobile, whatever you wish.

1 Answer | Asked in Immigration Law for California on
Q: Future husband in custody. Final court hearing in 2 weeks. Asked for marriage but no response bck. Any reasons?

Hes located at the San Bernardino County. Been asking for marriage over 3 months or more.

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

You should hire an experienced immigration attorney to help negotiate with ICE so that you can get married.

1 Answer | Asked in Consumer Law and Immigration Law for California on
Q: Spouse last name change long after marriage. Proof for USCIS?

My spouse kept her last name after marriage. Then, a few years later, she became a naturalized US citizen and she changed her last name to mine. Now, she's applying for Green Card for her parents, and USCIS asked for a evidence that the person applying is the same as the the one on the... View More

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

An affidavit is fine, or a copy of her green card and Certificate of Naturalization.

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Can I start working when I get the receipt of H1b filing?

I have a valid H1B stamped on my passport (valid until 09/23/2017) of which I have only used 6 months. However, I have been on F1 status for last two years to do my studies and am now (since 15 days) on B2 status as I have graduated now and am not eligible for OPT (this is my second Masters). A... View More

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

You cannot start working until your application for a change of status to H-1B is approved.

1 Answer | Asked in Immigration Law for California on
Q: I just got married with a citizen but I'm still under aF1 visa that is already expired, 1year but I'm here for almost 3

Marriage Transition F1 to green card( applying for my green card just at the end of the year) I want to stop

My studies this semester that begins by end of august.What problems I will have or its a smooth case?

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

Not going to school anymore should not complicate your ability to get a green card through marriage.

1 Answer | Asked in Family Law and Immigration Law for California on
Q: My son got a permit to leave the country with DACA, but it says that re-entry is not guaranteed. Should he risk himself?

All his brothers are citizens and I have not been able to get him his green card.

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

It depends on why he needs to travel abroad: job?, education? or humanitarian circumstances?

1 Answer | Asked in International Law and Immigration Law for California on
Q: I am an international student with F1 visa, but I got a call from acting Agency for representation. What should I do?

I really want to work, but I am scared that is going to be illegal because I have no working visa.

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

Jobs outside of your school are only available to international students who have completed one full academic year and who have a qualifying economic hardship or an emergent circumstance.

According to the DHS, a qualifying economic hardship entails "new, unexpected circumstances beyond...
View More

1 Answer | Asked in Immigration Law for California on
Q: Can my mother get a pardon for entering illegally. I'm a U.S. Citizen. She is extremely sick and no family back home.

My mother has no criminal record and is very ill. My two sisters and I are the only family she has in this country to take care of her. We have no family back in our native country. If she were to go back she will die. She also left her country because of domestic violence.

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

There is no pardon, but she may be able to remain lawfully in the US if her domestic violence enables her to apply for asylum. This is a highly-contested subject which is now before Attorney General Jeff Sessions.

1 Answer | Asked in Immigration Law for California on
Q: Got married on a b1 visa can I travel out of usa before I file for immigration?

I was here on a vacation when i met my husband and we decided to get married, I wish to travel to my home country for 2 months, will this affect my immigration?

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

Yes, since you will probably not be re-admitted to the US on a B-1 visa since you are married to a US citizen. You may want to adjust your status in the US, and only travel abroad when you receive your advance parole.

1 Answer | Asked in Immigration Law for California on
Q: Hi, can one enter US on valid L2 but AP expires while outside US and did not get renewed AP?
Carl Shusterman
Carl Shusterman
answered on May 7, 2018

You can enter the US on your L-2 visa rather than your expired AP? Do you have a pending application for adjustment of status?

1 Answer | Asked in Immigration Law for California on
Q: Is there any problem when applying for naturalization citizenship and being married in a foreign country?

In my citizenship application I put I was married outside the United States and will there be any problem at the time of interview. I'm a permanent resident of course and have a job.

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

No problem. You can get married anywhere in the world.

1 Answer | Asked in Immigration Law for California on
Q: Can my friend stay since his parents are forcing him to leave to his parent's home country?

He is 16, in his Sophmore Grade, his parents are non US Citizens. His parents want to leave to Mexico due to some issues but he doesn't wanna go because the education is bad there, no opportunity, and no good schools there. Can he stay here in the US with the protection of other people?

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

Doesn't sound like an immigration law question. Is he a US citizen? Are his parents undocumented?

1 Answer | Asked in Immigration Law for California on
Q: In 7th yr of H1B + I-140 approved 6+ months and joining a new job but have few questions-

1- My H1B transfer can be approved for 3 years now with new company so do within 3 years with new company I should have new I-140 approved?

2- With new company if I did not get I-140 approved within first term ( 3 years) do I have to leave the country?

Thank you in advance.

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

If your priority date is not current, you can continue to renew your H-1B based on the I-140 approved from Company #1. However, Company #2 will have to do a new PERM application and I-140 for you to be apply to qualify for a green card assuming that you do not have an I-485 pending.

1 Answer | Asked in Immigration Law for California on
Q: N-565 Form Denied

Hi! I filed a N-565 form because my original Certificate of Citizenship had my first and middle name switch places. They denied my N-565 form and is there anything I can do?

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

Show the denial to an experienced immigration attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.