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Questions Answered by Yanky Perelmuter

3 Answers | Asked in Immigration Law for Ohio on

Q: Must I return to Europe after petition approval?

Good morning, I got married to a us citizen in August last year in the US. I am a German citizen. I went back to Europe after our wedding and returned to the US in October 2018. We filled i130, i485 and i765 concurrently in November. Since then we have been waiting for approval. The petition got... Read more »

Yanky Perelmuter answered on May 9, 2019

There could be a number of reasons why USCIS is notifying you regarding consular processing. It is unlikely, but it could be as simple as an error on the form where you checked the box for consular processing. Or there is some underlying reason why you are not eligible for adjustment of status -... Read more »

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1 Answer | Asked in Immigration Law for Ohio on

Q: I have a green card,I had test for my citizen test today they Said to send them police report after that sending decxsio

Yanky Perelmuter answered on Feb 21, 2019

As part of the requirements for citizenship a person must show they possess good moral character during the statutory period leading up to their application for naturalization. The officer is likely requesting your police records to determine whether you meet the standard of a person of good moral... Read more »

1 Answer | Asked in Immigration Law for Ohio on

Q: I misdemeanor of first degree , and I have citizenship , does it effect mg immigration?

Yanky Perelmuter answered on Feb 21, 2019

A criminal conviction will not impact your status as a United State citizen.

1 Answer | Asked in Immigration Law for Ohio on

Q: My fiance's K-1 visa was denied - is there a way to appeal ASAP?

Yanky Perelmuter answered on Dec 7, 2018

It depends. Was the denial at USCIS or at the Embassy/Consulate? If the denial was of form I-129f then you can appeal. If the denial was at the embassy you cannot appeal. You will have a limited time to act. She can reapply for a visa at the Embassy/Consulate if it is still in the validity period... Read more »

1 Answer | Asked in Child Custody, Divorce and Immigration Law for Ohio on

Q: conditional green card received 2 month back through marriage now filling divorce with a 4 month old baby

so i received my green card through marriage around 2 months back and we broke up now we have a four month old baby, so if i file for divorce what is the possible way i can still have the valid green card, and can i take the shared physical custody of the child and stay here or what is the best way... Read more »

Yanky Perelmuter answered on Nov 19, 2018

You can file an I-751 with a waiver of the joint filing requirement. This will allow you to remove the conditions on your green card and receive Permanent Residency without conditions. Each case has specific issues that may arise in the process.

2 Answers | Asked in Immigration Law for Ohio on

Q: I read Trump wants to take citizenship away from babies that are born in the US to foreign parents.

How likely is that to happen during this presidential term?

Yanky Perelmuter answered on Nov 19, 2018

This is very unlikely to happen. Birthright citizenship is a constitutional issue and the President cannot unilaterally make changes to the constitution.

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1 Answer | Asked in Immigration Law for Ohio on

Q: My fiance is an immigrant in Italy originally from Ghana. What is best way to bring him here to the USA?

Yanky Perelmuter answered on Sep 28, 2018

The proper option is the K1 fiance visa. You will need to file an I-129f with USCIS. You will need to include the correct evidence and filing fees - the form instructions are extremely helpful in providing that information. Once your petition is approved your fiance can apply for visa to enter the... Read more »

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?

Yanky Perelmuter answered on Jun 25, 2018

Yes. A person traveling to the United States on a visitor visa is limited to activities related to the temporary nature of their visa. Getting married is considered a legitimate activity while on a visitor visa, and is permitted.

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1 Answer | Asked in Immigration Law for Ohio on

Q: Me and my wife on pending asylum case from last 4 years have son born in US. Green card Options?

Can we get green card when he will turn to 10 or is there any other options?

Yanky Perelmuter answered on Apr 3, 2018

A United States citizen over the age of 21 can petition for the permanent residency of their parents. Without more information it is difficult to say if there are any other options. You should speak with a competent immigration attorney to explore your best options.

1 Answer | Asked in Immigration Law for Ohio on

Q: does it mean that my citizenship application has been denied?

Passed my test , I have a misdemeanor since 2013 with shoplifting and provide all court details and everything . They told me we will mail you our decision by mail . Cause the supervisor

Yanky Perelmuter answered on Apr 2, 2018

Not necessarily. You will have to wait and see what the decision says. There are many possibilities.

1 Answer | Asked in Immigration Law for Ohio on

Q: What is the possible outcome for marrying my fiance on a valid travel visa?

I am a US Citizen located in Ohio. My fiance and I have been together for about 2 years. He was in the states on an L1 work visa and hated his job and decided to quit. We had discussed the option of getting married to stay together but with the time constraint he had to leave within 60 days to stay... Read more »

Yanky Perelmuter answered on Mar 28, 2018

The K1 visa is your best option for having your fiance join you here in the United States. You can apply for the K1 and then when he arrives you will get married within 90 days of his entry. It is important to know that getting married is considered a legitimate activity on a visitor visa.... Read more »

1 Answer | Asked in Immigration Law for Ohio on

Q: Our lawyer says that USCIS is behind on work permit forms is that true?

Yanky Perelmuter answered on Mar 28, 2018

Yes. It has been taking an extended period of time to receive a work permit from USCIS.

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Ohio on

Q: Do taxpayers have the right to sue the US Govt. For taxpayer monies spent on illegal immigrants?

Yanky Perelmuter answered on Mar 26, 2018

Technically yes. However, filing a lawsuit requires showing particular injury. This is a hard standard to meet when suing the government in that it is difficult to show that you specifically have suffered a particular and personal injury. Additionally, suing the government requires consent by the... Read more »

1 Answer | Asked in Immigration Law for Ohio on

Q: What I need to file for a unlawful presence waiver

Yanky Perelmuter answered on Feb 26, 2018

This is a very case specific question. The document requirements for each unlawful presence case will be different depending on the circumstances. You should contact a local immigration lawyer that can evaluate your case and give you the best recommendation.

1 Answer | Asked in Immigration Law for Ohio on

Q: I recently married abroad. I returned to the us and got sick. How long do i have to file a i130.

Yanky Perelmuter answered on Feb 12, 2018

There is no timetable for how long you must file the I-130. You may file the I-130 anytime after you are married.

1 Answer | Asked in Immigration Law for Ohio on

Q: Can I leave the country ?wen I was a minor I had a felony now I'm an adult and I wanna travel the world

I didn't turn 18 teo long ago and my felony was over a year ago and I'm trying to go to scotland

Yanky Perelmuter answered on Dec 12, 2017

It would depend on your immigration status, and traveling is just one factor you need to consider regarding your felony. You should contact a competent immigration lawyer to discuss your options.

2 Answers | Asked in Immigration Law for Ohio on

Q: I entered the U.S on the v.w.p and have married a U.S citizen who is pregnant can i remain to provide for my family

Yanky Perelmuter answered on Oct 18, 2017

It is possible. You will need to adjust status to a permanent resident, but there are many factors to consider. Adjustment is not always available to someone who enters on the VWP.

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2 Answers | Asked in Immigration Law for New York on

Q: I am "now" in USA as visitor Visa holder, Can i sponsor myself, in "family based green card" as a mother of US citizen

Yanky Perelmuter answered on Oct 18, 2017

Yes. Probably. You should contact a local immigration lawyer for a specific response.

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3 Answers | Asked in Divorce and Immigration Law for Florida on

Q: My son a South African married a US citizen in 2015 and his wife is filing for divorce. Will he be deported.

They have an 18 month old son and lived together in Fort Lauderdale until she was unfaithful.

Yanky Perelmuter answered on Oct 18, 2017

It depends. This is a situation where you will need to contact a competent immigration lawyer.

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3 Answers | Asked in Immigration Law for Ohio on

Q: Can I still extend my stay in the USA now, even though I was expected to fly back by October 1st?

I have a B1/B2 visa, that is valid until March 2020. I am currently in the USA, and this is my sixth month here. My visa also has been stamped with a date that expects me to fly back to my homeland. It says October 1st. It is October 17th now, and I am thinking of extending my stay for another 6... Read more »

Yanky Perelmuter answered on Oct 18, 2017

At this point your application to extend your status will not be timely and therefore not filed correctly. It is too late to extend your status, you will have to exit the United States.

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