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Questions Answered by Carl Shusterman
1 Answer | Asked in Immigration Law for Kansas on
Q: If we have not met in person is it difficult to get a fiance visa? What would be our best course of action to take?

My fiance and I met on line over 3 and a half years ago. We fell in love over this time and now we both want to marry and have him emmigrate permanently to the US. We have communicated through video chats, 4-8 hour long calls daily, and messages, but we want to make everything legal and share our... View More

Carl Shusterman
Carl Shusterman
answered on Jun 21, 2018

Meeting in person is generally required for either a fiance or spouse visa unless there is good cause to waive the requirement. Skyping or other forms of communication are not adequate. The idea is to avoid such things as mail order brides, a relic from the distant past. Given current technologies,... View More

1 Answer | Asked in Immigration Law for Florida on
Q: What are the steps to renew/extend my I-94 (white card) with I-551stamped on it? How long does it take approx?

My I-94/I-551 expires in November. I'm not sure how long in advance I have to start the process for the renewal, so I can have the new one on time to show my employer and I can keep my job. Can I fill out certain form online or do I need to go in person to immigration in order to do this? I... View More

Carl Shusterman
Carl Shusterman
answered on Jun 21, 2018

If you have applied for relief from removal and your case is before the Board of Immigration Appeals, schedule a consultation with an experienced immigration attorney. Do not tried to solve this online.

1 Answer | Asked in Immigration Law for California on
Q: How can I get US citizenship when I'll be 18?

My father has gone through the interview but they are taking too long to answer

Carl Shusterman
Carl Shusterman
answered on Jun 21, 2018

To become a U.S. citizen, you must:

Have had a Permanent Resident (Green) Card for at least five years, or for at least three years if you’re filing as the spouse of a U.S. citizen

If you apply for naturalization less than six months before your Permanent Resident Card expires, or...
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1 Answer | Asked in Immigration Law for New York on
Q: Can a green card holder obtain a legal capacity to contract marriage, at the US embassy in Manila Philippines?.

I ask this question because the I think the Philippines government said all foreigns must have a legal capacity to contract marriage. My girlfriend is a fillapina. And I am a green holder that lives in the US. And they say we have to get the documents from the embassy. So do I got the US embassy to... View More

Carl Shusterman
Carl Shusterman
answered on Jun 21, 2018

As a green card holder, you can travel to the Philippines in order to marry your girlfriend. No authorization from the US Embassy in Manila is required.

1 Answer | Asked in Immigration Law for California on
Q: Is it a risk if I travel outside of the U.S with an approved I-131, but out of f-1 status?

I've been in the U.S for 3 yrs as an F-1 student. My husband (a USC) and I got married in Feb 2018. I didn't complete 12 units last semester, so my school reported on SEVIS "failure to maintain status" in May 2018. We just filed AOS package today. We're planning to do... View More

Carl Shusterman
Carl Shusterman
answered on Jun 21, 2018

You have not violated your status. Once you are petitioned by a US citizen spouse, and apply for adjustment of status, you are considered to be lawfully present in the US. Once you receive your Advance Parole, you are free travel outside the US.

1 Answer | Asked in Immigration Law for Missouri on
Q: I just found out I was pregnant. My boyfriend wants to apply for a visitor Visa. Which Visa app should he apply for

He is from Dominican Republic and wants to be present for appointments and child birth. Can he apply for visitors Visa and request to stay until the child Is born? I know it says 90 days

Yes I am a natural born US Citizen. We have discussed marriage just not in a rush right now with... View More

Carl Shusterman
Carl Shusterman
answered on Jun 21, 2018

Need more facts to answer your question. Are you a US citizen? Are you and your boyfriend planning to get married? If so, are you going to sponsor him for a green card?

1 Answer | Asked in Immigration Law for New York on
Q: Awaiting legal resident status while in failing relationship

A good friend has been married for 5 years and has two sons with a man and living in upstate New York. She’s applied to become a legal resident about 3 years ago and has gotten as far as getting fingerprints and physical done for the process. She’s been in limbo for over a year now and during... View More

Carl Shusterman
Carl Shusterman
answered on Jun 21, 2018

Assuming that her husband is a US citizen, it should not take 3 years for her to become a conditional resident. She should discuss the facts of her case with an experienced immigration attorney.

1 Answer | Asked in Immigration Law for Washington on
Q: Can I change the company while my H1B case is still pending to be approved. It is better after or before it is stamped?

I have been selected in the lottery and received I-797C for the H1B. The case type is: I129 - petition for a nonimmigrant worker

Currently the case is pending with the company that is sponsoring my petition, and the USCIS is asking the company for more evidence. If the H1B is approved I can... View More

Carl Shusterman
Carl Shusterman
answered on Jun 21, 2018

If the H-1B filed on your behalf is approved, you can start working for the sponsoring company on October 1, 2018. If you want to change employers, the new employer must file an H-1B transfer petition for you after that date.

1 Answer | Asked in Immigration Law for Hawaii on
Q: How do I provide divorce document when I was never married to my child biological father? USCIS requires it for N-600.

Filed the N-600 for daughter after receiving citizenship. Philippines records shows one marriage to current husband. USCIS is requesting for divorce paper but was never married to daughters Biological father. Daughter was born in Kuwait, which has strict law in live births. Parents must be married... View More

Carl Shusterman
Carl Shusterman
answered on Jun 20, 2018

You need to file an affidavit explaining this discrepancy. Better yet, show the paperwork to an experienced immigration attorney before doing anything.

1 Answer | Asked in Immigration Law on
Q: Hi there. I am a Canadian citizen marrying a USA citizen in the next year.

After he sponsors meAnd I receive a green card I would still like to come back to Canada and maintain my job for about a year or two but get go back to the states on weekends via airplane. Is this possible? The only reason I ask is because I would like to keep my job because we just have about... View More

Carl Shusterman
Carl Shusterman
answered on Jun 20, 2018

You can do so, but you will need to prove the USCIS that your marriage is indeed bona fide.

1 Answer | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Domestic violence and citizenship

I had domestic violence case 2 years ago and the case end after i went back to the court and the judge told me thereis more show up foe this case i went yesterday to the courtto try getting a letter or copy from my case i didnt find anything how i can get a copy coz when i tried to fill the form... View More

Carl Shusterman
Carl Shusterman
answered on Jun 20, 2018

You need to order the record from the court and show it to an immigration lawyer before you file an application for naturalization.

1 Answer | Asked in Immigration Law for Minnesota on
Q: The 1-94 will expired June 21Th can I send the I-130 before I-485. the reason is that the I-693 is not ready until July3

can I send I -130 and I-485 separated for my mother the reason the I-693 will be ready July 3rd everything is ready other than the formI-693

Carl Shusterman
Carl Shusterman
answered on Jun 20, 2018

The I-193 is an application for waiver of passport and/or visa. It is to be used by a person who is a legal resident of the United States, to re-enter the United States without the person's passport and/or visa.

If your mother is not currently in the US, you can file an I-130 on her...
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1 Answer | Asked in Immigration Law for New York on
Q: Are there any O-1 visa lawyer who are willing to prepare the case for an architect+animator professional?

I have worked on very media famous project in NY of zaha hadid as her team member, I designed multimillion dollar residential house in USA and currently doing project management for construction and interiors as a freelancer, I have worked in multiple countries like USA, canada, switzerland,... View More

Carl Shusterman
Carl Shusterman
answered on Jun 20, 2018

I would be pleased to assist you.

A US employer should file the petition (Form I-129) with:

A written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the alien’s area of ability;

A copy of any written...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Very unusual case to obtain US citizenship?

My family and I was sponsored by my uncle. I entered this country when i was 20 years old in 2000. I have got my green card in 2005. After 5 years I applied for US citizenship naturalization. I have passed the test but they denied me to become US citizen. The reason for denial was that i was more... View More

Carl Shusterman
Carl Shusterman
answered on Jun 20, 2018

More facts are needed to answer your question.

f you meet all of the following criteria, you are eligible to apply for U.S. citizenship:

You have had permanent residence (a green card) for the required number of years.

This is usually five, but fewer for certain categories...
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1 Answer | Asked in Immigration Law for California on
Q: If committed a misdemeanor(minor theft) years ago & got a green card, should apply for citizenship or renew green card?

The person in question got a green card after the misdemeanor and was wondering if that misdemeanor would affect their citizenship application. And if so, would it be a better idea to just renew the green card?

Carl Shusterman
Carl Shusterman
answered on Jun 20, 2018

Usually, a petty theft conviction which is over 5 years old has no effect your ability to naturalize. However, it would be a good idea to show the record of conviction to an experienced immigration attorney.

Carl Shusterman

www.shusterman.com

1 Answer | Asked in Family Law, Immigration Law and Child Support for Texas on
Q: Can an illegal immigrant request and receive child support payments from their spouse?

My friend is married to a US citizen however she is an illegal immigrant. They have been living separately for about 5 months. Can she still file child support despite her immigration status?

Carl Shusterman
Carl Shusterman
answered on Jun 20, 2018

This question is best directed to a family law attorney in New York.

1 Answer | Asked in Immigration Law for California on
Q: Will I still be able to become a US citizen under the Child citizenship act 2000 if I lived 10 yrs here but I turned 18?

My mother became a US citizen through naturalization in 2003, and I immigrated here in US in 2008 and lived 10 years from 2008-2018 as a permanent resident. Now I'm 18 years old will I still be able to use the child citizenship act of 2000 to automatically gain citizenship through my mother? .... View More

Carl Shusterman
Carl Shusterman
answered on Jun 20, 2018

Sec. 320. [8 U.S.C. 1431] (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization....
View More

1 Answer | Asked in Immigration Law for Louisiana on
Q: If asked by the police in Louisiana, does a person have to provide proof of citizenship?

Can the police in Louisiana randomly ask people to prove they are citizens? My understanding is that you must provide ID if asked.

Carl Shusterman
Carl Shusterman
answered on Jun 20, 2018

Local police do not enforce federal immigration laws. However, in some states, local police cooperate with federal immigrant agents and ask people to prove their immigration status.

1 Answer | Asked in Immigration Law for Connecticut on
Q: Does problems with Children and Family services affect my chances of getting a Visa to move to England?

10 years ago Dcf was called saying my husband was dangerous. I made the wrong choice and stayed with him at first. Because of that I lost costody of our son even though we separated. My former husband has been out of my life for over 6 years now both personally and legally. Even though I was... View More

Carl Shusterman
Carl Shusterman
answered on Jun 20, 2018

Justia is for questions about US immigration law. You need to speak with a UK immigration lawyer.

1 Answer | Asked in Immigration Law for California on
Q: Fraudulent Green Card?

I have an employee who upon hire provided me with a SS Card and a Permanent Resident card. My payroll company has advised me that the SS# is "invalid". After a discussion with my employee, who acted totally confused about the situation, I decided to take a closer look at the Permanent... View More

Carl Shusterman
Carl Shusterman
answered on Jun 19, 2018

Be very careful. Employers should not try to be ICE agents. The immigration laws are very complex and you do not want to get sued for violating anti-discrimination laws.

Carl Shusterman

www.shusterman.com

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