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Questions Answered by Carl Shusterman
1 Answer | Asked in Immigration Law for California on
Q: I'm applying for my Visa U and now I'm waiting. In the mean while can I apply for DACA and would it be beneficial?

I meet the requirements for DACA and we're already been waiting 1 year for Visa U

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

Yes, you could do so until September 2017 when the President ended new applications for DACA. I hope that you did so.

1 Answer | Asked in Immigration Law and Family Law for California on
Q: i am a tourist visa with a son who is us citizen husband us citizen but abandoned us what action will i

will do so my status be legal and i can stay with my son.

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

That could be a real problem. Schedule a consultation with an experienced immigration attorney.

1 Answer | Asked in Immigration Law for California on
Q: I just got RFE for my renewal E-2 visa. They asked for the copies of all check drawn from the account in 2016.

What's the reason they asked for that ? Because I have to print out about 1,000+ copies of checks . Thank you

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

Maybe you could send them a copy of your checking account statement and a few sample checks.

1 Answer | Asked in Immigration Law for Arizona on
Q: Im a green card holder and have legalcustody of my grandchild(born)here in Az. My daughter passed away last year in Sep

She left a child in Mexico is it possible i can applied for him? And what forms do I fill out?

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

While you cannot sponsor a grandchild, if you adopt her child prior to his 16th birthday, you may be able to sponsor him for a green card.

Children whom you adopt from overseas are not automatically entitled to enter the United States. You will need to comply with certain immigration rules...
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1 Answer | Asked in Immigration Law and International Law for Arizona on
Q: I'm on F1 VISA and my Wife came to US on F2 dependent visa. And she decide to Do Masters Here in US.

So She went back to my country for F1 Visa. If she gets F1 rejected. will Her existing F2 VISA As my dependent also gets rejected?

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

Not necessarily. It would depend on why her F-1 visa gets rejected.

2 Answers | Asked in Immigration Law for Virginia on
Q: I was charged with a class 4 misdemeanor " profane swearing and public intoxication. I am also a green card holder.

Should I worry about being deported. Should I get a lawyer for this situation. I live in Virginia.

Carl Shusterman
Carl Shusterman
answered on May 8, 2018

This is not a deportable offense.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: What’s the best thing to if I have a pending asylum case, have not received any interview & getting married this june

It’s been 1 year and 5months since I applied for asylum. During that period I met my boyfriend, we fell in love, live together and decided to get married this june. My employment authorization will expire this december what’s the best way to change my petition based on marriage?

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

If your boyfriend is a US citizen and you entered the US lawfully, he should immediately sponsor you for a green card after you are married, and you can apply for adjustment of status and for an EAD work permit.

2 Answers | Asked in Immigration Law for Georgia on
Q: Hello, My mom got married to a US citizen (an army retiree) he intends to apply for a green card for her and myself.

The issue is I turn 21 on the 19th of May, however he intends to file for the green card before then. I was wondering under what category would I fall in. And how long would it take for me to get a green card. Will he be able to file for me at all?

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

Unless he married your mother before your 18th birthday, he cannot sponsor you for a green card. However, once your mother becomes a permanent resident, she will be able to sponsor you for a green card.

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1 Answer | Asked in Immigration Law for Texas on
Q: Can I apply for DACA after my TPS (El Salvador) expires?

I received TPS for El Salvador since it was first issued , but with it ending in September 9, 2019 can I apply for DACA , I meet all the DACA requirements that are asked for.

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

Possibly. The future of DACA is present in the hands of the Federal Courts. Currently, no new applications are being accepted for DACA, but that could change very shortly.

1 Answer | Asked in Immigration Law for California on
Q: Hi, i just went through green card process through marriage. Is it ok to make a video about this process on youtube?
Carl Shusterman
Carl Shusterman
answered on May 6, 2018

Sure, why not? Our Green Cards Through Marriage video is our most popular video on YouTube. This is obviously a topic of great interest to a lot of people.

1 Answer | Asked in Immigration Law for California on
Q: My mother applied EB3 greencard 10 yrs back and now PD is current. I am in USA F1 visa 3 yrs . Am i eligible dependent ?

Mom is still in home country and her Priority date has become current in Oct 2017 and mom/dad and my younger brother are preparing documents and working with employer to schedule a consular processing in home country. When they had applied during I140 stage they had paid visa fees for me as well... View More

Carl Shusterman
Carl Shusterman
answered on May 6, 2018

You need to subtract the amount of time that the EB-3 visa petition was pending from your biological age on the date that the priority date became current. If the result is less than 21 years of age and you never married, you may be able to qualify under CSPA.

1 Answer | Asked in Immigration Law for California on
Q: Good afternoon my question is my boyfriend got deported for 5 years and has a record here in california we want to get

here in california we want to get married , i want to know if there's a possible if can come with the visa of fiance and he has a daughter of 1 month.

Carl Shusterman
Carl Shusterman
answered on May 6, 2018

He may need to file an I-212 waiver. Speak with an experienced immigration attorney.

Aliens found inadmissible to the United States based on sections 212(a)(9)(A) or 212(a)(9)(C) of the Immigration and Nationality Act (INA) must file USCIS Form I-212 Application for Permission to Reapply...
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1 Answer | Asked in Immigration Law for California on
Q: I want to find out if I should renew my E3 or apply for an adjustment of status. My E3 expires in March.

Hi there,

I am a current E3 visa holder. I got married this year to a US citizen and my husband and I are filing for an adjustment of status so I can get my green card.

My visa expires on March 8, so we are about 100 days out right now. I know the work permit can take 90 days to... View More

Carl Shusterman
Carl Shusterman
answered on May 6, 2018

Better to extend your E-3 and apply for adjustment of status after your extension is approved.

1 Answer | Asked in Immigration Law for California on
Q: RFE on old H1B?

I used to work on at employer X, and he filled amendment more than a year ago. In the mean time, I have transferred my H1b to new employer Y. My H1B got approved for a year now. I also went back to my country and did the visa stamping about 6 months ago. But Today, I come to found my old... View More

Carl Shusterman
Carl Shusterman
answered on May 6, 2018

You can't do anything about it since it is your old employer's choice whether or not to respond. Speak with an attorney about how this might affect your present H-1B status.

1 Answer | Asked in Appeals / Appellate Law and Immigration Law for California on
Q: Can I apply for H1 extension while my denied I 140 is under appeal at the office of AAO? 6 years completes in Aug 2018.

Hi, I will be completing 6 years on H1 this August (2018) and have 7 months to go. My I 140 was denied (employer is going to appeal the decision) on 02/01/2018 and would like to know the options I have to stay beyond the 6th year.

Can my employer file H1 extension while my I 140 denial is... View More

Carl Shusterman
Carl Shusterman
answered on May 6, 2018

If your approved PERM application was filed with the DOL over one year ago, and your employer's I-140 is on appeal, you can extend your H-1B status past 6 years.

1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: Can I leave/re-enter the USA while on informal probation for a DUI and while on green card status?

My 3 yr informal probation period started 7/9/15 and it will be over 7/9/18. I'm planning on going out of the country for 3 weeks, on 6/16/18 and will be returning around 7/7/18. I was also denied my citizenship last year because of the probation issue and the interviewer said he could not... View More

Carl Shusterman
Carl Shusterman
answered on May 6, 2018

You should not have a problem traveling abroad and returning to the US since you are a permanent resident and have a DUI conviction.

1 Answer | Asked in Immigration Law for California on
Q: Hi! My fiancee is Russian but married to a Brazilian soon to be divorced. What documents do I need for a K1 Visa?

Does the divorce certificate need to be translated and notarized? Does she put herself as divorced status on the application or do can she file as single?

Carl Shusterman
Carl Shusterman
answered on May 6, 2018

K-1 Visa

For U.S. Petitioner (to be filed with USCIS)

Your certificate of naturalization, certificate of citizenship, or U.S. birth certificate;

Your Passport (if available);

If you were previously married, provide documents to prove that all previous marriages were...
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1 Answer | Asked in Immigration Law for California on
Q: We are applying for US citizenship, our passport has surname but was not used on the greencard

Our greencard name has the first middle and last name as it shows on the "Name" section of the passport. Surname was not considered at the airport so when applying for citizenship and filling the N400 is that considered "Other Names" or do we just neglect it (in reality our... View More

Carl Shusterman
Carl Shusterman
answered on May 6, 2018

You can list it under "other names". On your N-400 application, you can choose any name you wish.

1 Answer | Asked in Immigration Law and Tax Law for California on
Q: Do it affect me if I file my taxes separately this year being the same year my spouse is gonna petition me?
Carl Shusterman
Carl Shusterman
answered on May 6, 2018

I usually advise my clients to file their taxes jointly, but if you have strong reasons to do so, file married, filing separately.

1 Answer | Asked in Immigration Law for California on
Q: Can offsprings dependent on the H1-b visa work in the U.S?
Carl Shusterman
Carl Shusterman
answered on May 6, 2018

Only certain H-4 spouses may apply for EADs to work in the US, not H-4 children.

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