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Questions Answered by Matthew J Hartnett
3 Answers | Asked in Immigration Law for New Jersey on
Q: I would love to get married to my soul mate. She has been in the U.S. for 5yrs but not legally. What do we need to do

She is from Guatemala. I am 50yrs old and she is 45. We truly love each other. Any information will be appreciated

Matthew J Hartnett
Matthew J Hartnett answered on Aug 17, 2020

Consider scheduling a consultation with an immigration attorney. The attorney will evaluate if your fiancée is eligible for adjustment of status or for an I-601A waiver or some other form of relief.

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1 Answer | Asked in Immigration Law for Maryland on
Q: My biological daughter age 14, born outside of USA and came in USA on 2016 . Is she eligible to file for Citizenship?

We both have green card and about to apply for citizenship application form N-400 . I have a biological child age, born outside of USA and came here in 2016 . Is she eligible to apply for CITIZENSHIP application with us ? is yes, what type of form she need to fill?

Matthew J Hartnett
Matthew J Hartnett answered on Aug 4, 2020

If you naturalize before she turns 18, and she lives with you and you have custody of her, she should automatically acquire citizenship pursuant to the Child Citizenship Act of 2000. But to make sure, please consult with an attorney.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Don't want to overstay my visa, but my country is closed because of Coronavirus. What can I do?

I am in Philadelphia on a student visa. I completed my Optional Practical Training, and my work permit expired July 9, but I have a two month grace period to leave the country. However Venezuela is not admitting international flights due to the pandemic. I don't want to overstay my visa and... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Jul 28, 2020

You should meet with an attorney to discuss all of your options. One option may be to file to change status to from F-1 to B-2. But before you make that decision, consider consulting with an attorney.

1 Answer | Asked in Immigration Law for North Carolina on
Q: NVC has received approved immigrant visa petition from USCIS? Can I still file i-485 for adjustment of status?

My parents immigrant visa petition has been approved by USCIS and send to NVC. They are in USA on visitor visa and I am thinking about filing i-485 so they dont have to travel back and forth in this environment.

Matthew J Hartnett
Matthew J Hartnett answered on Jun 30, 2020

Yes, you should be able to file for their adjustment of status. However be sure to contact an attorney to discuss in further detail.

2 Answers | Asked in Immigration Law for Wisconsin on
Q: Can I apply for a fiance visa if my girl friend is visiting on a B2 tourist visa?

I met a girl online in venezuela. I'm working on getting her a B2 tourist visa to come to the US so we can meet. She's doing that in colombia. Once she is here visiting me and we develop a relationship, it is possible that I might decide to marry her. But no guarantee.

I... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Jun 30, 2020

Unfortunately, while you could start the process of the fiancee visa, you cannot change her status from B-2 to K-1 (fiancee) from the USA. K-1 visas are only issued abroad. As you state, you might decide to marry her. If that occurs, consider contacting an attorney to discuss.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Could you please help me?

I had an L2 visa that expired on March 25.

My I-94 expired on March 31.

My spouse, L1 visa holder, had the same visa expiration date, but their I-94 has not expired yet.

We both departed on April 12.

My spouse’s company’s attorneys supposedly filed the extension... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on May 7, 2020

You did technically overstay since the filing was rejected. However, I doubt it will have any consequences. Unlawful presence is most problematic when a person remains in the USA and is trying to change status to another visa or adjust status. However that is not the case with you. For those... Read more »

2 Answers | Asked in Immigration Law and Municipal Law for New Jersey on
Q: What measures do a couple who are age apart and one illegal have to make?

The couple is 13 years apart and the man is of illegal status. Will there be any complications in the process of trying to get married? Also let's say the girl is trying to get a legal status for her parents, will her getting married affect that as well?

Matthew J Hartnett
Matthew J Hartnett answered on Apr 30, 2020

The age difference shouldn't matter. The key for marriage based immigration is that the marriage has to be "bona fide", which means that the marriage cannot only be for immigration purposes. They have to want to be married to each other even if you remove immigration from the... Read more »

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3 Answers | Asked in Immigration Law for Pennsylvania on
Q: I need to remove the conditions on my husbands green card, would a lawyer be able to file the paper work for me?
Matthew J Hartnett
Matthew J Hartnett answered on Sep 17, 2019

Yes, immigration attorneys routinely help clients file for removal of conditions. The key is whether you and your spouse are still together. If so, you would be providing uscis with an update.

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2 Answers | Asked in Immigration Law for New Jersey on
Q: What can I do for a visa denied, when officer said that I was illegal in us, but I never be in the us?

My mother was denied for her immigrant visa. The officer says that she lives in the us as illegal for more than 180 days. My mother never came to us. Please help me to know what to do. How I prove that she wasn't here. I requested the CD with all her information and nothing appears there. I am... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on May 2, 2018

I would consider brining the FOIA CD results to an attorney for a consultation to review this matter.

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1 Answer | Asked in Immigration Law for New York on
Q: I'm applying for the I-601a hardship waiver. USCIS did not send my approved I-130 to the NVC so I have to submit form

I-824. Can I just buy a money order for $325 and send it to the USCIS along with the affidavits (package) ?

Matthew J Hartnett
Matthew J Hartnett answered on May 2, 2018

The filing fee is $465 for the I-824. You need to file the I-824 to get your I-130 to the National Visa Center if you didn't receive invoices from the NVC. Without the invoices from the NVC, you can't file the 601A waiver. Also, consider working with an attorney because 601a waivers... Read more »

2 Answers | Asked in Immigration Law for Connecticut on
Q: My husband got detained on the 16 th went to court the juge said his going to review the case then make a decision

It’s bwen a week

Matthew J Hartnett
Matthew J Hartnett answered on May 2, 2018

If your husband is detained and in front of a Judge, consider hiring an attorney to represent him.

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1 Answer | Asked in Immigration Law for Illinois on
Q: I am a DACA recipent and I am going to be marrying a US Citizen.

Recently Trump stopped the use of "Advanced Parole" for DACA and that limits the possibilty of going that route. I was brought to the USA illegally when I was 9 is there another route I can go for obtaining a GC without having to exit the country for months

Matthew J Hartnett
Matthew J Hartnett answered on Apr 26, 2018

You won't have to exit for months. If you entered without inspection as a 9 year old, you can file an I-601A waiver after your I-130 is approved. After that, if the I-601A is approved and the consular appointment is scheduled, you would spend 2-3 weeks in your home country. Contact an... Read more »

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: A couple enters US on legal Visa. During visit, their son and Nephew are murdered by a local gang. Asylum?

The family home is taken over by the gang. The couple is elderly and in poor health. They have no home to return to. The couple are Jehovahs Witness. They have family residing legally in US. Unfortunately the family has no funds to apply through a legal firm for the Asylum

Matthew J Hartnett
Matthew J Hartnett answered on Apr 26, 2018

Possibly. They should contact non-profit organizations such as Nationalities Service Center or HIAS for assistance preparing an asylum application. Also, some private lawyers take pro bono cases depending on the facts or circumstances.

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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: I got my green card on june 6/6/16. I applied with the form 175 and got a response that my green card was extended

For one more year. When im getting my 10 year green card or when im

Supposed tp apply for the 10 year? I was applying at the airforce and i can’t until i get the 10 year one

Matthew J Hartnett
Matthew J Hartnett answered on Apr 26, 2018

I-751s take a long time for USCIS to adjudicate. As long as you filed your I-751, that acts as an extension as you have stated. You will get the 10 year card when you I-751 is approved.

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2 Answers | Asked in Immigration Law for Florida on
Q: How can i find out why my candian husband was denied entry to enter the U.S. i am a U.S citizen

I have not started his process as of yet. He used to live in the U.S went to school and had a greencard which he let expire and never renewed. Once he left to canada for a vacation he was not allowed back in 3 years ago. We filled out waivers and petions to get granted entry but today he tried to... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Nov 24, 2017

You can file a CBP FOIA request (Customs and Border Protection) (Freedom of Information Act) to figure out what happened if your husband doesn't have the paperwork. If he does have the paperwork from when he was denied entry at the border, that may not be necessary. Either way you should... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: Im a us citizen, received a job offer from China. Can I live in China while petitioning for my father?

Will be in China for a year Teaching, if I accept contract. On Z-Visa.

Matthew J Hartnett
Matthew J Hartnett answered on Nov 21, 2017

Yes, you can. Although depending on your income, you may need a joint sponsor for the affidavit of support.

2 Answers | Asked in Immigration Law for Nevada on
Q: Husband & I Just got married. I am currently on DACA and plan to apply for residency. What's the process?

I have been in the U.S since I was 2, in '95. I was brought in illegally.

Have no criminal records. No tattoos (does that matter?) And no outstanding warrants, debts, or tickets that I know of.

Matthew J Hartnett
Matthew J Hartnett answered on Nov 21, 2017

Assuming your husband is a US citizen, I-130, I-601A waiver, consular processing. That is the process. contact attorney to see if you are a good candidate.

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1 Answer | Asked in Immigration Law for Florida on
Q: I am U.S citizen and want to get married to a residence of Canada who has Iranian nationality.

Is Travel ban latest law prevents that ?

I live in Florida

Matthew J Hartnett
Matthew J Hartnett answered on Nov 12, 2017

The travel ban shouldn't affect your case.

1 Answer | Asked in Immigration Law and DUI / DWI for Pennsylvania on
Q: My boyfriend was picked up for dui in york will he be able to post bond

Will he be able to come home after posting bond

Matthew J Hartnett
Matthew J Hartnett answered on Oct 18, 2017

I'm sorry that your boyfriend was picked up. Do you have a lawyer? If not, I would recommend discussing this case with an attorney. The Judges in York don't automatically give people bonds, especially when there is a criminal history. He has a better chance to get bond if he is... Read more »

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