Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Rachel Einbund
1 Answer | Asked in Immigration Law for New York on
Q: waiting for green card to be renewed. had biometrics appt already. My card is expired. Can still travel to Europe?
Rachel Einbund
Rachel Einbund answered on Jul 22, 2015

Hi,

It is always risky to travel outside the country with expired documents - If it is an emergency, I would suggest going to your local USCIS Office to do an in-person request for Emergency Travel Documents, or get a stamp in your passport showing your currently valid status. Or, if you...
Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Dear Sir/Madam, I don't need detailed information, just an opinion on the validity or not of my concern.

My girlfriend has been out-of-status in the US for about 4 years. She came with a tourist visa and overstayed. Her son, who is a college student in her home country, has visited her twice in the last 2 years, staying 2 weeks the first time and 1 month the second. The two visits were 10 months... Read more »

Rachel Einbund
Rachel Einbund answered on Jul 22, 2015

Hi, This is just terrible- If you would like to contact me directly, I would be more than happy to listen to the entire story, and see if I can help, if possible.

Best regards,

Rachel Einbund, Esq.

1 Answer | Asked in Immigration Law for Georgia on
Q: Can my US Citizen brother petition me even if I have DACA?

Hello. I am an unmarried 20 year old who currently has DACA (Deferred action for Childhood arrivals) and my brother is a US Citizen (he is 40). Can he ask for a petition for me even if I already have DACA?

Rachel Einbund
Rachel Einbund answered on Jul 22, 2015

Absolutely. He should file for you ASAP, as those petitions take many, many years to be approved. Please feel free to contact me directly if you have additional questions. Good luck !

-Rachel Einbund, Esq.

1 Answer | Asked in Immigration Law for New York on
Q: I cancelled my ex-husbands I-130 application and I was wondering if I could re-open the case again.

we are currently divorces and it has been 6 years since his application was cancelled it was in it's final stages

Rachel Einbund
Rachel Einbund answered on Jul 22, 2015

Hi,

Unfortunately, if you and your husband eventually got divorced, then there is no basis on which to reopen the I-130... unless, of course you got re-married! Please feel free to contact me directly to discuss your case in more detail.

Best regards,

Rachel Einbund, Esq.

2 Answers | Asked in Immigration Law for New York on
Q: Residence denied for becoming adult

My Dad (a legal US resident) applied for residency for my mom, brother and I. When the residencies were finally issued my brother had become an adult (the application was filed when he was still a child). It was issued for my mom and I but not for him. Is there any legal means to argue on my... Read more »

Rachel Einbund
Rachel Einbund answered on Jul 22, 2015

Hi,

This is an excellent question. Depending on when the original petition was filed, and how long it was pending, your brother may still be able to get his Permanent Residency under CSPA (Child Status Protection Act). I would need to know more details about your case before saying yes or...
Read more »

View More Answers

2 Answers | Asked in Immigration Law for New York on
Q: My boyfriend lives in Australia. We want him to come here so we can get married

Is it against the law for him to come to the US on the Visa Waiver Program, and get married, if our intention is for him to leave within the 90 days, so I can apply for the Provisional Partner Visa in Australia?

Rachel Einbund
Rachel Einbund answered on Jul 22, 2015

This is a great question - these matters can be very confusing. The answer is no- it is NOT against the law for him to come her on the VWP, and for you to get married and file for his Green Card within the 90 days. It can be done, and I have helped many couples apply under these exact same... Read more »

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: I filed for naturalization in May and was wondering what the wait times are like in nyc at the moment.
Rachel Einbund
Rachel Einbund answered on Jul 14, 2015

According to USCIS, N-400 processing takes approximately 6-7 months. Good luck!

-Rachel Einbund, Esq.

1 Answer | Asked in Immigration Law for New York on
Q: I-601 waiver, any hope to submit or give up and live in shadow? the US.

Hello,

me, my husband and child are devastated because come across the definition of aggravated felony for immigration law. He CAN NOT go to Ukraine because of his sick elderly mother and we were feeling that we can win I-601 waiver for my theft outside the US. which occurred 16 years ago... Read more »

Rachel Einbund
Rachel Einbund answered on Jul 14, 2015

Hi, You ask a very good question. The law is very complicated when it comes to immigration consequences of criminal convictions, and each case is handled differently, depending on the circumstances. You may be eligible for the waiver despite the conviction/sentence, but maybe not. I would have... Read more »

3 Answers | Asked in Immigration Law for New York on
Q: My son has 10 years green card but he was on process of removal. We applied for political asylum and was granted.

It is been seven month we didn't get no paper nor white card since.My question is what is the next step do we have to apply for white card ?

Rachel Einbund
Rachel Einbund answered on Jul 22, 2015

Hi,

It sounds like your son's case was a bit complicated. Did he work with a lawyer to file for asylum? Perhaps you can make an Infopass appointment at your local USCIS office to find out the status of his case in-person. Please feel free to contact me for more detailed advice....
Read more »

View More Answers

2 Answers | Asked in Immigration Law for New York on
Q: If I am a green card holder and was outside the country for almost three years what should I do
Rachel Einbund
Rachel Einbund answered on Jul 22, 2015

Hi,

Most likely, your Green Card has already been deemed "abandoned" by USCIS. However, there may be hope if you contact the U.S. Embassy in the country where you are, and explain the circumstances why you had to spend so much time outside U.S. (family, business, etc), then you...
Read more »

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: Appeal a motion

I appealed a motion I290B and it takes more than actual processing time, I did call USCIS and made a request for my case, I was told that I'm going to get answer within 45 days but it's been 2 month already and still did not get any answer, Please help :((

Rachel Einbund
Rachel Einbund answered on Apr 17, 2015

Unfortunately, these types of motions can take a very, very long time. An experienced immigration lawyer can assist you in doing a formal AILA Liaison Request in order to get info directly from one of USCIS' attorneys, or can attend an INFOPASS appointment on your behalf. Please feel free to... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Will they assume our marriage is a sham if we get married soon after he divorces?

My boyfriend entered the US on a travel visa in February of 2014. He married an LPR in August of 2014. Things didn't work out and they separated soon afterward. He never applied for a green card with her. He now wants to divorce her and marry me. We love each other and want very much to start... Read more »

Rachel Einbund
Rachel Einbund answered on Apr 17, 2015

Excellent question. The good news is that yes - you two can still get married and apply for this GC soon after the divorce/re-marriage, but I would strongly suggest working with an experienced immigration lawyer who can anticipate USCIS' fraud presumption questions, and help you put together... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Enough evidence for form I 864

We recently received a RFE letter from USCIS indicating that my sponsor does not meet the guideline of poverty. My sponsor is my husband and we came back to the US in July 2014 after many years living abroad. In December 2014 he was hired so his W2 only reflects one month of income. We submitted a... Read more »

Rachel Einbund
Rachel Einbund answered on Apr 17, 2015

Good question - Unfortunately, USCIS will not consider this sufficient evidence. USCIS is more concerned with proof of past income, rather than expected future income. You and your husband will need to find someone else (a U.S. citizen or Permanent Resident) to act as your "Joint... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: I have 2 kids with sickle cell deasease and I over stayed my 10 years b1/b2 visa.I want to go back home but my country h

Can I adjust my status without leaving the us

Rachel Einbund
Rachel Einbund answered on Apr 14, 2015

Good afternoon,

Great question. First off, I very am sorry to hear about your kids' health problems. The good news is, probably yes! There is one way for you to be able to get your Green Card, without leaving the country, based on exceptional hardship to your children, but it is...
Read more »

1 Answer | Asked in Immigration Law for New York on
Q: I obtained my green cars through married, have the temp card n now divorce. Do I have to leave the country
Rachel Einbund
Rachel Einbund answered on Mar 27, 2015

Good question! While the answer is a little complicated, no. Not if your temporary green card is still valid and the divorce is final. The law is very strict about this. When you current card expires, USCIS will require you to "Remove the Conditions" on your green card and present... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Arrest and ACD during pending I-485. Should I withdraw I-485?

Hi, I have a pending I-485 that was applied 6 months ago. I was arrested 2 months ago for domestic violence and received a 1 year ACD with limited order of protection. The 6 years on my H-1B visa expires soon and I need an extension on the visa. I am afraid if my I-485 is denied (and not delayed... Read more »

Rachel Einbund
Rachel Einbund answered on Mar 23, 2015

Great question. I would advise you not to withdraw the I-485, but rather, attend your Interview (once it is scheduled) with an experienced Immigration Lawyer who can properly advise the Immigration Officer about your ACD, and explain how it should not affect your eligibility for a Green Card. I... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.