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Questions Answered by Carl Shusterman
1 Answer | Asked in Immigration Law for California on
Q: Can I travel back to my country of asylum with a travel document and green card status(granted from Parent becoming citi

Can I travel back to my country of asylum with a travel document and green card status(granted from Parent becoming citizens)

Looking to go back for the funeral of my grandfather, applied for a travel document and stated this reason for returning to my country.

I understand due to... View More

Carl Shusterman
Carl Shusterman
answered on Jun 28, 2018

Seems like you understand the problem. Since your green card was based on asylum, and your asylum application was based on your fear of persecution in your country, if you now return to your country for your grandfather's funeral, your green card could be revoked and you may never be allowed... View More

3 Answers | Asked in Criminal Law and Immigration Law for New Jersey on
Q: If I was to be in a vehicle that was pulled over and I have no ID on .e such as my green card or anything, what happen?

I am legally allowed to be here but no documents or ID on me during the stop. If I was only a passnager and not the driver, what can happen? Would they detain me?

Carl Shusterman
Carl Shusterman
answered on Jun 28, 2018

As a passenger, you are not required to carry an identification document.

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1 Answer | Asked in Immigration Law for California on
Q: I will become a US citizen in about 9 months I applied about 2 months ago and did a finger print about month ago in San

I will become a US citizen in about 9 months I applied about

2 months ago and did a finger print about month ago in San

Francisco,

My dad who is a Canadian citizen just came here visiting me

legally 3 days ago .

in July 2014 he was deported from California... View More

Carl Shusterman
Carl Shusterman
answered on Jun 27, 2018

When you became a US citizen, you can sponsor your father for a green card. Rather than overstaying, why doesn't he apply for an extension of his status?

2 Answers | Asked in Criminal Law, DUI / DWI and Immigration Law for California on
Q: Will my husband immigration spousal application be denied if he never attend to a alcohol program after dui?

He was never given any information about where to call to attend in court and he got his license in 2015. When he leaves to Juarez for his interview will they dig this up and deny his petition? He has no other arrest than a dui in 2009. He completed work release and court probation.

Carl Shusterman
Carl Shusterman
answered on Jun 27, 2018

He should show his paperwork to an experienced immigration attorney before going to Ciudad Juarez.

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2 Answers | Asked in Immigration Law for Texas on
Q: Reenter US with F2 visa

I have a valid F2 visa until 2020, with my wife being the sponsor.

My wife was F1, then OPT, and then transferred to another school for another F1, but same SEVIS number.

I would like to know if I can reenter US with the same valid F2 visa, or do I need to get a new visa, since... View More

Carl Shusterman
Carl Shusterman
answered on Jun 26, 2018

What is your question?

Assuming your wife is now in H-1B status, you can apply for H-4 status as her dependent.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: My DACA was denied with the Reason stating that I "Acquired lawful immigration status on December 23 2015".

I have had a Daca for, four years. My Mom applied for a UVisa in 2015 that was approved in 2016. The lawyer she hired advised her, that it did not apply to me because I had gotten Married in 2014.

I am confused I used everify and it just said I was authorized to work. I am very unsure of... View More

Carl Shusterman
Carl Shusterman
answered on Jun 26, 2018

If you did not become a lawful permanent resident, the DACA denial is probably incorrect. Show your paperwork to an experienced immigration attorney.

2 Answers | Asked in Immigration Law for California on
Q: My friend in India is trying to get a divorce from an NRI who is awaiting his green card in the US..

He is refusing to give her a divorce stating that the conditions for divorce (she has filed a few cases against him on domestic violence) will make him ineligible for a Green Card. his claim is that if he agrees to her terms on a Compromise for divorce in India, her cases against him, which are in... View More

Carl Shusterman
Carl Shusterman
answered on Jun 26, 2018

Only a criminal conviction for domestic violence can affect his application for a green card.

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1 Answer | Asked in Immigration Law on
Q: J-1 visa put under AP twice, got the first visa after 2 months of waiting, applied again for the same visa AP again.

Same consulate, Same type of visa, couldn't attend with the first visa due to exceeding the time given (issued the last day of the deadline), got new admission at another place just after just 2 month of the first visa and again under administrative processing, Both cases asked to fill DS5535... View More

Carl Shusterman
Carl Shusterman
answered on Jun 26, 2018

Under this administration, there is a new level of scrutiny.

If a consular officer determines that a visa applicant warrants this additional scrutiny, the applicant will be instructed to provide the following information on Form DS-5535:

Travel history during the last fifteen years,...
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1 Answer | Asked in Immigration Law for Ohio on
Q: My asylum application was denied 10 years ago and I'm in order removal . I married a woman whose been granted asylum

How she can help me to stay legally

Carl Shusterman
Carl Shusterman
answered on Jun 26, 2018

You need to get your deportation case reopened which you may be able to do under last week's Supreme Court decision in Pereira v. Session. Then, if entered the US lawfully, you may be eligible to adjust your status to permanent resident without having to leave the US.

Carl Shusterman...
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1 Answer | Asked in Immigration Law on
Q: I am married from u.s citizen since 2005 and I filled for( I 485 ) and I had an Approval for my case and they issued an

Employment Authorization on 2006 for one year and I had to renewed on 2007 then they called us for an interview on Sept 2007 and my wife couldn't take a day off work and on Oct 2007 I had to leave u.s for an emergency reason in my home country and I didn't file for travel doucment to... View More

Carl Shusterman
Carl Shusterman
answered on Jun 26, 2018

Your wife can sponsor you for a green card by submitting form I-130 and attachments to the USCIS. Once it is approved, you can apply for an immigrant visa in your country.

Carl Shusterman

www.shusterman.com

1 Answer | Asked in Immigration Law for California on
Q: can i do a migration to my fiance hes in iraq ?

hi my name is marleen i have lived in america for 7 years . i dont have american citizenship

my question .. can i immigration papers to my fiance hes in iraq and we are not married ? please answer me

thank you ..

Carl Shusterman
Carl Shusterman
answered on Jun 26, 2018

Are you a permanent resident of the United States? If so, once you marry your fiancee, you can sponsor him for a green card.

1 Answer | Asked in Immigration Law for California on
Q: Unusually Long I-290B (for I-485) Processing Times? (~1 year 3 months now)

I'm a 23-year old male whose I-485 was denied on the grounds of "not taking action after turning 21" (unsure of specific wording), while the rest of my family was approved for theirs. My lawyer told me there's precedent for my case where others have had their I-485 denied as... View More

Carl Shusterman
Carl Shusterman
answered on Jun 26, 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...
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1 Answer | Asked in Immigration Law for New York on
Q: I am political asylum seekers here since on march 2015 and waiting for interviews. Can I bring my family from my country
Carl Shusterman
Carl Shusterman
answered on Jun 25, 2018

Having a pending asylum application does not permit you to bring your family to the US. Only when your asylum application is approved can you bring your spouse and children to the US.

2 Answers | Asked in Immigration Law for New York on
Q: N-400 re-apply

I withdrawn my marriage based n-400 after more than a year pending, but i haven't received acknowledgment from USCIS that they consent to the withdrawal. I would like to refile now based on 5-year rule? Can i do that in the current situation? i have no criminal record

Carl Shusterman
Carl Shusterman
answered on Jun 25, 2018

Yes, you can. To be eligible for naturalization, you must:

Be a lawful permanent resident of the United States for 5 years, or 3 years if married to a U.S. citizen for a minimum of the 3 years (although there are certain exceptions to this requirement for persons who have honorable service...
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1 Answer | Asked in Immigration Law on
Q: Dear sir, My name is xxx im 37 years old Egyptian lives in Kuwait marries to 33 years old philipina and I have a six

Dear sir, My name is xxx im 37 years old Egyptian working in Kuwait as Health insurance executive married to 33 years old registered nurse from philippines and I have a six years old boy. 3 of us have a tourist visa to US. And we would like to stay permanent ( LEGALLY) in US. There is any way,... View More

Carl Shusterman
Carl Shusterman
answered on Jun 25, 2018

We represent hospitals across the US who are looking to hire experienced RNs. They will sponsor qualified nurses for green cards.

Carl Shusterman

www.shusterman.com

2 Answers | Asked in Immigration Law for Ohio on
Q: Can a Filipino Citizen marry an American citizen while they are in the U.S. on a tourist visa?
Carl Shusterman
Carl Shusterman
answered on Jun 25, 2018

You can do so, but it is advisable to wait until you have been present in the US for at least 90 days to do so.

Carl Shusterman

www.shusterman.com

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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... View 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... View 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... View 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.

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