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Questions Answered by Carl Shusterman
2 Answers | Asked in Immigration Law for Virginia on
Q: Can I apply for COS from F-2 to H-4 while F-2 is going to expire on Sep 30, 2018?

My husband's H-1B got approved recently. His firm didn't apply for my dependent visa along with his H-1B. So I would like to apply for COS to H-4 right now as I will be out of status on Oct 1, 2018. But my COS application from F-2 to F-1 is pending from 6 months. So, can I still apply for... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 25, 2018

Since your change of status to F-1 may be pending for many months, the fastest way to get H-4 status is to consular process. Otherwise, wait for the COS to be approved, then file COS H-4 if you wish.

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1 Answer | Asked in Immigration Law for Arizona on
Q: Being H1b holder, shall I start a company?What is the better option S Corp or LLC? Shall I register with my home addres
Carl Shusterman
Carl Shusterman answered on Jun 25, 2018

If you continue to work full-time for your H-1B employer, you can also start a company as long as you do not take a salary from your company and you remain within the jurisdiction of the US Court of Appeals for the 9th Circuit. Please see... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: CAN I START MY GREEN CARD FILING WHILE MY H1 B IS IN PROCESSING?

IAM IN BETWEEN OF THIS H1B PROCESSING, BUT MY EMPLOYER IS ASKING ME FOR APPLYING GREEN CARD, CAN I START IT OR DO I HAVE TO WAIT UNTIL MY H1 IS APPROVED? AND ALSO I APPLIED FOR OPT STEM EXTENSION AND WAITING FOR ITS APPROVAL

Carl Shusterman
Carl Shusterman answered on Jun 25, 2018

You are fortunate to have an employer who wants to get started on your green card application so soon, but perhaps you should wait to make sure that your H-1B petition is approved first.

1 Answer | Asked in Immigration Law for New Jersey on
Q: how do I respond at POE while reentering usa on B1/B2

i have b1/b2 valid untill 2026. i landed in usa in jan 2017 and got married to US citizen and applied for my Green card. we got seperated before my GC was approved. and now i am divorced and my GC petition is withdrawn by my Ex husband. i moved back to canada in october 2017.

I want to get... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 25, 2018

You should tell the truth. You can get your divorce papers by mail through the court, but coming to the US to collect your belongings is a valid reason to come to the US.

3 Answers | Asked in Immigration Law for New York on
Q: Can I travel to my home country in F1 visa and come back as F1 while I have an approved H1 petition?

I am currently holding a valid F1 visa and pursuing my graduation. Before applying for F1 a company had offered me job and applied H1b petition (conselor process) which got approved this year.

I want to travel to my home country for summer vacation. Will there be any problem while... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 24, 2018

If you are still a full-time student, you can return on an F-1 visa. However, depending on when your H-1B employment is supposed to begin, this may create confusion at the port of entry. Speak with the attorney who submitted the H-1B petition on your behalf.

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1 Answer | Asked in Immigration Law on
Q: Hi if I deport from uk to Italy because of my finger prints and then I deport to Iran Can I comeback to uk for asylum
Carl Shusterman
Carl Shusterman answered on Jun 24, 2018

Justia is for legal questions in the United States. You should consult with immigration attorneys in the countries mentioned in your question.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Can my brother be denied a US visitor visa because I have credit card debt or an open case? I am a naturalized citizen.

I am a naturalized US citizen and am currently visiting my immediate family in Burkina Faso where I am originally from. My brother applied for a US visitor visa and is told by the US Embassy on 6/22/18 that his request is denied due to code 214(b). My brother stated the embassy told him I have... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 24, 2018

There is no legal basis for such a denial. However, consular officers can always deny visas in the exercise of their discretion.

1 Answer | Asked in Immigration Law for Arizona on
Q: Can you apply for naturalization if you’ve been a LPR and married to a US citizen for over 3 years?

I’ve been told this exception only applies if you obtained the green card through marriage but I can’t find that on the USCIS website.

Carl Shusterman
Carl Shusterman answered on Jun 24, 2018

Not true.

In general, you may qualify for naturalization under Section 319(a) of the Immigration and Nationality Act (INA) if you

Have been a permanent resident (green card holder) for at least 3 years

Have been living in marital union with the same U.S. citizen spouse...
Read more »

1 Answer | Asked in Immigration Law for Arizona on
Q: Can I get banned from USA for abandoning pending I 485?

I entered the USA on a K 1 visa in January 2017. I married my spouse in February of the same year and applied for my I 485 in July 2017. Now I want to abandon my petition and return home to the UK. Will I receive a 3 or 10 year ban for a visa overstay?

Carl Shusterman
Carl Shusterman answered on Jun 24, 2018

Since you overstayed for less than 180 days, you are not subject to the unlawful presence bars.

1 Answer | Asked in Immigration Law on
Q: Can a wife use her Canadian husband's 40 Social Security credits to file a I-864W waiver?

I worked in the US for 10 years under TN and H1B visas and acquired 40 Social Security credits. My daughter is a US citizen and has petitioned for permanent residence for myself and my wife. I do not require financial sponsorship and will file a I-864W waiver document. Will my wife be able to use... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 24, 2018

Your wife will require financial sponsorship from your daughter.

1 Answer | Asked in Immigration Law on
Q: Can the petitioner cancel his visa petition for his wife even if she already did the interview and the visa was approve

The us embassy has not issued the visa yet due to the last president proclamation

Carl Shusterman
Carl Shusterman answered on Jun 23, 2018

If she has yet to receive an immigrant visa, you can withdraw your visa petition sponsoring her for permanent resident status.

1 Answer | Asked in Immigration Law for California on
Q: Family based immigration upgrading from category F3 to F1 in California.

My mother and I are both currently living in California. My mom is a US citizen. She applied family based immigration for me in 2016. I was married by the time she submit the petition, and we received the receipt for I-130. However, I now divorced and my marital status is single. About a month ago,... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 23, 2018

If you are planning to go abroad to apply for an immigrant visa, and the visa petition has been approved, submit your request to the National Visa Center. If you are going to adjust your status to permanent resident in the US, submit your divorce decree together with your application for... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: Can I travel alone with an Family Immigrant Visa without my family?

Me and my family have just got our Family Immigrant Visa and we would be traveling US for the First Time, but my question is can I travel US alone because I study in USA or is it compulsory to travel with my whole family?

Carl Shusterman
Carl Shusterman answered on Jun 23, 2018

Need more information. Are you the principal beneficiary of the family-based visa petition?

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1 Answer | Asked in Immigration Law for Kentucky on
Q: As a us citizens, can I sponsor a parent who overstayed in usa for a week? And file a I-485?

My mother entered is usa with a B2 visa

Carl Shusterman
Carl Shusterman answered on Jun 23, 2018

Yes. Parents of US citizens are "immediate relatives" and can adjust their status in the US even if they overstayed.

1 Answer | Asked in Immigration Law for Virginia on
Q: N-400 dui and traffic tickets. Please help?

Hello I am a PR who has been living in Virginia since 2015. I have never left the country. I received a DUI in 2012 since then i have 5 speeding tickets. 1 in 2015, 2 in 2016, 1 in 2017 and 1 in 2018 that is pending in the court. My DUI had no aggravating factors, it was a simple DUI but I refused... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 23, 2018

You are not ineligible to apply for naturalization. Speeding tickets do not prevent you from demonstrating good moral character.

1 Answer | Asked in Immigration Law for New York on
Q: hi , how can i back home country ?

hi i came to USA on C1/d visa . could not join the ship .l stayed on land and applied for asylum .now it is more than one year i am waiting for interview .but due to my nad health i want to go back to home country .how can i do that ?will USA allow me leave ? what is the procedure ?

thank... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 23, 2018

No problem for you to leave the US. However, it would very difficult for you to ever return to the US since you are returning to the country from which you claimed that you would be persecuted.

1 Answer | Asked in Immigration Law for Kentucky on
Q: I am a permanent resident with green card May I sponsor my mother?

My mother has B2 visa

Carl Shusterman
Carl Shusterman answered on Jun 23, 2018

No, only US citizens are allowed to sponsor their parents for green cards.

2 Answers | Asked in Immigration Law for New York on
Q: Can I travel to US alone with my F1 visa?

Since last year I have been studying in USA, but currently Im out of US for my vacation. Me and my family are sponsored for US immigration in which we will be getting a Green Card in the next month. It will be the first time for my family to visit US. My question is that will my F1 visa be expired... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 23, 2018

If you have been sponsored for a green card, you will not be able to enter the US using an F-1 visa since this requires that you demonstrate that you have no intent to remain permanently in the US.

You need to wait until you become a permanent resident (green card holder) of the US.

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1 Answer | Asked in Immigration Law on
Q: How do I get a job offer?

I have no degree except a B.A. Would someone be willing to sponsor me? If so where do I find such people?

Carl Shusterman
Carl Shusterman answered on Jun 22, 2018

There are hundreds of websites which list job offers.

1 Answer | Asked in Immigration Law on
Q: My mom married a Canadian 10 years ago, and he hasn't filed any paperwork yet. He lives in CT now. What should he do?

He moved to the US three years ago without acquiring proper paperwork. Is there a way for him to file for status in CT and not have to leave? My mom has since become paralyzed and needs his help to get around.

Carl Shusterman
Carl Shusterman answered on Jun 22, 2018

Confusing question. Is your mother a US citizen? Does she live in the US? Will they be willing to resume their marital relationship and begin living together? If the answer to all of these questions is "yes", your mother can sponsor him for a green card.

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