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Questions Answered by Carl Shusterman
1 Answer | Asked in Immigration Law for New York on
Q: Can I travel from NY to Dallas TX with a valid foreign passport but my visa status is irregular. Should I be scare? Tks

I want to see if, or how much risk it is to travel to DALLAS TX being a undocumented person. I’m scare but I don’t want to be scared of living my life. Please help me. Should I avoid this and never travel by plane, or I shouldn’t be that much concern? Thank you

Carl Shusterman
Carl Shusterman
answered on Jun 19, 2018

There is always some danger of being arrested on internal flights if you are undocumented.

1 Answer | Asked in Immigration Law for Florida on
Q: I left Venezuela to the US to seek asylum, my oldest son left to Argentina, can he still seek asylum here in the US?

My son left to Argentina two years ago

Carl Shusterman
Carl Shusterman
answered on Jun 19, 2018

It depends on his immigration status in Argentina. One potential bar to asylum is "3rd country resettlement".

1 Answer | Asked in Immigration Law on
Q: Is there a way to determine inadmissibility or not? I overstayed my latest visa while working and then denied reentry.

The officer said that I may be eligible to return in the future "whenever we trust you again - could be in year, could be in ten years". I would like to know if I am inadmissible to file a waiver - as I am not even sure if I am admissible or not. I was on an F1 and continued working after... View More

Carl Shusterman
Carl Shusterman
answered on Jun 19, 2018

Yes, fraud is a ground of inadmissibility. You can apply for a nonimmigrant visa waiver.

1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: I was convicted of a misdemeanor DUI in Arizona five years ago. I'm planning to apply for a resident visa in Sweden

How will this affect the application, and can a set aside judgment help. I've also not had so much as a parking ticket since and all requirements were met from the conviction.

Carl Shusterman
Carl Shusterman
answered on Jun 19, 2018

Justia is for US law. You need to talk with a Swedish immigration attorney.

1 Answer | Asked in Immigration Law for California on
Q: My dad petition me in 2001. He is a us Resident, and my petition was approved & they had a visa for me but never

Responded. My case got closed. Can I still do something about my petition?

Carl Shusterman
Carl Shusterman
answered on Jun 19, 2018

You may be able to do so. It depends on what you mean by "My case got closed." Show the notice of approval to an experienced immigration attorney.

2 Answers | Asked in Immigration Law for Florida on
Q: I sent my daughter DACA renew application. It was shipped yesterday. She has DACA SINCE 2012 and I been renewing.

My question is what can I do if I forget to attached to the application the copy of her new passport and the copy of her EAD card?

Please help me.

Is there anyway to me send now?

Carl Shusterman
Carl Shusterman
answered on Jun 19, 2018

Not to worry. The USCIS will send you a Request for Evidence, and you can respond by sending them the documents that they request.

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2 Answers | Asked in Immigration Law for New Jersey on
Q: Green card holder, leaving country for 2 weeks and pending case in court, is it possible that I won't able enter US?

I am green card holder , I have my first DUI case which I am fighting in the court with attorney (gonna take couple months), I've been told that I am able to leave country during this case but also I've been told that I might not able to come back to US (they won't let me in), is it... View More

Carl Shusterman
Carl Shusterman
answered on Jun 19, 2018

A DUI case, even a DUI conviction, will not affect your permanent resident status.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Is there any another preferable country for COS h4 to f1 visa stamping other than Home country and Canada?
Carl Shusterman
Carl Shusterman
answered on Jun 19, 2018

Generally, you need to return to your home country to apply for an F-1 student visa.

1 Answer | Asked in Immigration Law for Texas on
Q: Waiver for my wife: is there a way she doesn't have to travel to a drug cartel danger zone in Mexico for her interview?

My wife is a DACA recipient. I am a US citizen and want to petition for her. Because her mother was escaping an abusive boyfriend, she brought my wife and her sisters to the U.S. illegally. My wife was 8 years old. I understand my wife needs a waiver but I also understand she needs to travel to... View More

Carl Shusterman
Carl Shusterman
answered on Jun 18, 2018

Not unless she qualifies to adjust her status in the US under section 245i, INA.

Section 245i of the Immigration and Nationality Act may allow you to apply for adjustment of status to lawful permanent residence without leaving the US even if you entered the U.S. unlawfully or overstayed...
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1 Answer | Asked in Immigration Law for Texas on
Q: I filing up my N400, my husbaand cant remember the DOB &date of marriage of previous wives (3). Can i leave it blank
Carl Shusterman
Carl Shusterman
answered on Jun 18, 2018

It would be better if he could supply this information and you could include this on the form N-400. His divorce degrees don't list the dates of his marriages?

2 Answers | Asked in Immigration Law for Illinois on
Q: Can we request USCIS for start date when converting H1 to H4(apply COS in advance)?

My Wife's H1 is ending in Nov 2018, can we apply COS and EAD now requesting a later start date after NOV to save time at that moment?

Carl Shusterman
Carl Shusterman
answered on Jun 18, 2018

An H-1B extension of stay petition, an H-4 extension of stay application, and an application for employment authorization?

Yes. You may file your Form I-765, Application for Employment Authorization together with your Form I-539, Application to Extend/Change Nonimmigrant Status and the Form...
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1 Answer | Asked in Immigration Law for Hawaii on
Q: My husbands visa interview is at the end of this month but his case is in transferring process, does he still attends?

His case is in the process of transferring from Lagos embassy to Seoul embassy where he currently resides . Being that we have not heard back from Seoul embassy yet if they had received his case from Lagos, does he continue to get his medical exams and attend his visa interview in Lagos?

Carl Shusterman
Carl Shusterman
answered on Jun 18, 2018

Confusing question. If his case is being transferred to Seoul, why does he have a visa interview in Lagos? If he does, I recommend that he attend the interview.

1 Answer | Asked in Immigration Law for North Carolina on
Q: Working from outside of USA for an American company.

I’m a lawful permanent resident and it’s already over 4 months that I’m not in USA , working from my home country. I’m leading a team overseas and still have a couple of months left until I finish my project. I continue getting paid from American company and pay taxes each month even if... View More

Carl Shusterman
Carl Shusterman
answered on Jun 18, 2018

If you remain outside the US for 180 days, there will arise a rebuttable presumption that you have abandoned your permanent resident status. Bring a letter from your employer about your 6 months temporary assignment abroad in order to overcome this presumption.

1 Answer | Asked in Immigration Law on
Q: I live in Nicaragua, but I want to move my family to the US. I will still be working in Nicaragua and send them money.

Can they get they residence? Can my kids get into the school system.

Carl Shusterman
Carl Shusterman
answered on Jun 18, 2018

To become permanent residents, they must be sponsor by a USC/LPR relative, through employment or through investment.

2 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for Florida on
Q: H1B stamping: Should I answer yes or no in DS-160 for have you ever been arrested or convicted of any offense or crime?

I received 2 traffic tickets at the same time in Georgia. One for speeding and other for seat belt violation (child). I have paid fines. Since traffic violations are misdemeanors in Georgia, I am confused on whether should I answer yes or no in DS-160 for the question, have you ever been arrested... View More

Carl Shusterman
Carl Shusterman
answered on Jun 18, 2018

If they are misdemeanors, you need to reveal them on your DS-160.

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1 Answer | Asked in Immigration Law on
Q: Would I be allow to return to the us? Left a broken marriage, and return to Australia. Lost greencard status

It’s has been over 2 years I left my marriage, I lost my green card status, of course my ex at the time have to tell immigration that I left and when back to Australia where I am originally from. Would boarder custom allow me to return for a visit if I ever consider to visit family and friends?

Carl Shusterman
Carl Shusterman
answered on Jun 18, 2018

If your marriage was bona fide, and you can demonstrate that you are coming to the US to visit, not to stay permanently, you should be able to visit the US.

1 Answer | Asked in Immigration Law for California on
Q: have green card 3 yrs. Engaged to American citizen. after marriage, can I apply for citizenship or I have to wait 2 yrs?

Have my green card over 3 years and question is if I get married soon, can I apply based on the fact that I am married and already my green card 3 years or do I have to wait the total of 5 years?

Carl Shusterman
Carl Shusterman
answered on Jun 18, 2018

You will have to wait until you have a green card for 5 years. The 3-year-rule only applies to someone who has been married to a US citizen for 3 years.

2 Answers | Asked in Immigration Law for Massachusetts on
Q: Is it illegal to separate children from parents without cause?

Children are being separated from their parents upon entry to this country for the purpose of pressuring some who seek amnesty at the border and or pressuring members of Congress to pay for a wall to deter immigration.

Carl Shusterman
Carl Shusterman
answered on Jun 18, 2018

This is up to the Federal Courts to determine. It certainly is a very cruel way of pressuring those seeking asylum in the US not to do so.

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1 Answer | Asked in Immigration Law for Texas on
Q: Will USCIS mind if order of last names is switched on marriage certificate?Legal: MSM initials, certificate: MMS initia

I have two-word last name separated by space. I want spouse to take only first last name. SS office will only take last entity of marriage certificate. Will USCIS mind if order of last names is switched on marriage certificate?

Carl Shusterman
Carl Shusterman
answered on Jun 18, 2018

It may be confusing for the USCIS. It also may depend on the officer.

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