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Questions Answered by Matthew J Hartnett
1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can an undocumented immigrant legally have a driver's license in Pennsylvania?

If yes, what's the process to get it?

Matthew J Hartnett
Matthew J Hartnett answered on Aug 3, 2017

Not unless you have a work authorization card. PA DMV always asks for proof of immigration status. With a valid employment authorization card, you can obtain a driver's license in PA. Otherwise, unless you are an asylee, permanent resident or US citizen, it would not likely be possible.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Pennsylvania laws on immigrant marriage. Can the immigrant still get deported after marriage?

There is an undocumetned immigrant who has been in the country for 4 years. If she gets married with a US citizen, can she still get deported? If it's possible, what are the chances, or what could cause a deportation?

The marriage is real, and the person has no criminal history at all.... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Aug 1, 2017

Yes, it's possible, what whether or not removal proceedings would be initiated against a person (or have been in the past) is a case-by-case analysis that should be done by an immigration attorney. Being married to a US citizen for many is the first step in trying to become a permanent resident.... Read more »

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Hi. I would like to know how are the laws about marrying an undocumented immigrant in Pennsylvania.

If the undocumented immigrant marries a US Citizen, is there a chance to still get deported after being married and successfully passing the interview and receiving a green card? Can the person still be deported, or after marrige the laws are protecting that person and there is no way to get... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Aug 1, 2017

USCIS usually takes the position that the person is in a period of authorized stay once they file for their adjustment of status (green card). If your spouse came on ESTA, and has overstayed the 90 day period, you should contact an immigration attorney as soon as possible for a consultation. ESTA... Read more »

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1 Answer | Asked in Immigration Law for New Jersey on
Q: HI, I would apply to adjustement of status in August via labor of certificate/EB2, can we do that

there is talk that we cannot till October,? what i meant is Visa numbers in the EB2 category will be unavailable until October,according to recent USCIS Buletin. My country has no date issues? and i have I140 approved?

Matthew J Hartnett
Matthew J Hartnett answered on Jul 31, 2017

That depends on a lot of factors, including what country you are from, and where you are at in the process. Consider scheduling a consultation with an attorney.

1 Answer | Asked in Criminal Law and Immigration Law for Texas on
Q: my husband was detained yesterday and sent to detention center in Houston, Texas. need help finding lawyer. what do I do

Everything is closed on Saturday and he has an appointment to see judge on Monday.

Matthew J Hartnett
Matthew J Hartnett answered on Jul 29, 2017

I would start emailing lawyers that have offices close to the Houston detention center. Many lawyers check their email on the weekend. You still have time to line up a lawyer for him for Monday.

1 Answer | Asked in Immigration Law for Georgia on
Q: Does my husband need to be living in the same state as me in order to seek an attorney for US residency?

I had already applied for his greencard, but the case is frozen at the moment because we don't know what to do since he recently came here illegally. Does he have to be here with me in Georgia and see an attorney to help us with his green card since I applied from here in Georgia??

Matthew J Hartnett
Matthew J Hartnett answered on Jul 29, 2017

Unfortunately, more information is needed. I would at least consult with an attorney. If you don't live together, and you both live in the USA, you should be prepared to explain why you aren't living together.

1 Answer | Asked in Immigration Law for Kansas on
Q: My husband lives in Mexico & I'm wanting to fill out for his papers. How much & long would the process be

However he hasn't traspassed the U.S

Matthew J Hartnett
Matthew J Hartnett answered on Jul 29, 2017

The filing fee for a permanent resident or US citizen to file for their spouse that the US government charges is $535. In addition, lawyers charge fees to prepare if you hired an attorney. It depends on a number of factors in terms of length of time the process would take. Consider consulting... Read more »

1 Answer | Asked in Immigration Law for Maine on
Q: I would like to sponsor my children to come to the US, but one is 19 and the other is 21. Are they too old to be

considered children for the purposes of immigrating to the US?

Matthew J Hartnett
Matthew J Hartnett answered on Jul 29, 2017

Assuming you are a permanent resident or US citizen, you can file for the 19 year old. If you haven't started the process for the 21 year old, its ok, but his or her case may take longer if they have aged out. Consider discussing with an attorney.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Husband didn't file taxes for recent yr. Got transcripts for 2014 and '15. Can we show pay stubs from his job for recent

I'm filling out the i864 now and I'm really confused on what to do. He just never filed taxes this yr. said he didn't want to. Idk about this tax situation to give an input so I just left it alone. He makes enough to support us ( me and 2 kids) but how do we prove that? His current job pays well.... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Jul 28, 2017

If he is working, he has to file taxes. There is really no way around that unless he has no income. If he didn't have an income for 2016, in theory he wouldn't need to file, but yes, you would still need a joint sponsor (assuming your husband is a US citizen and filing for you).

1 Answer | Asked in Immigration Law for Washington on
Q: I lost my visitors visa but i am married to a US citizen and applying to adjust status. Will I need to Present my visa

At the interview?

Matthew J Hartnett
Matthew J Hartnett answered on Jul 28, 2017

No, but you should explain how you lost your passport at the interview, and be sure you can look up your I-94 online.

1 Answer | Asked in Immigration Law for Texas on
Q: Can I apply for my wife and my son who was born before we get married?

I am a green card holder and I marry my long time girlfriend this year after I get into US. My son was born born in 2010 before we get married so I need to know the proper way to file a petition to bring them into USA.

Matthew J Hartnett
Matthew J Hartnett answered on Jul 28, 2017

If you file a visa petition for your wife, your son will be able to come as a derivative. Consider working with an attorney.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: My U.S citizen spouse died 3 days ago can i file an i-360 petition fow widower but we never file anything in the past!

I never filed for the i-130 because i didn't married for immigration benefits !

Matthew J Hartnett
Matthew J Hartnett answered on Jul 25, 2017

I'm very sorry for your loss. Yes, you can file an I-360 even if you never filed an I-130 (assuming you don't remarry and assuming you weren't legally separated at the time of your spouse's death). Please also keep in mind that you must file the I-360 petition within 2 years of your spouse's... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Do I need the Advisory Opinion for my J-1 visa?

I held the J-1 visa for my internship a few years ago. Both the DS-2019 form and the J-1 visa note that 'Not subject to the two-year residency requirement', and 'Bearer is NOT subject to the section 212(e)'. Moreover, the subject/field code is 15.0000, which is not on the Skill List of PRC.... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Jul 19, 2017

Nope. If it is that clear, you should be fine. If you are still worried, consider a consultation with an immigration attorney in your state.

1 Answer | Asked in Immigration Law and Civil Rights for Illinois on
Q: How do i get my boyfriend back into the U.S long term after he has received a 10 year ban?

Long story short. My boyfriend was born in the Czech Republic and brought to the U.S when he was 3. He grew up in the U.S and went to back to Czech once (not by choice) when he was 17. He reentered the U.S when he was 18 on a 90 day esta. And being young and dumb overstayed it by 2 years. We both... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Jul 15, 2017

I would consider sitting down with an immigration attorney to discuss all of your options. You have some options.

1 Answer | Asked in Immigration Law for New York on
Q: Can i apply for a K1 Visa if i am a permanent resident who just returned to the US Territory about 3 months ago?

I was out of the country for more than 2 years due i received an approved Travel document which allowed me to stay and study out of the US territory. Actually my fiance lives in Panama which is where we met, we have been together for about 15 months so far. I want her to come and marry me here, cuz... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Jul 15, 2017

Unfortunately, only US citizens can file for a K-1 visa for their fiance. Consider discussing this in further detail with an immigration attorney to properly evaluate your options.

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Hi, my green card interview today was put for further review

Hi, my green card interview today was put for further review regarding a testimony on my B2 visa which I said I was married at that time while infact I was divorced but we are reconciliating...Please advise course of action...

Matthew J Hartnett
Matthew J Hartnett answered on Jul 7, 2017

It really depends what the officer told you. In these situations, USCIS sometimes takes the position that you would require an I-601 waiver of inadmissibility if they are saying that you misrepresented yourself at the US consulate when you obtained your tourist visa. Consider scheduling a... Read more »

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1 Answer | Asked in Immigration Law for Washington on
Q: Can I adjust status based on 245i, with I130 approved in '92 after deportation in '91?

My USC husband petitioned for me in '91, I130 was approved in '92. I was deported '91, and reentered in '93 and have remained ever since. Will there be an issue if I try to adjust status based on our 1992 application? Or am I able to adjust even though I was deported in '91 and reentered in '93?

Matthew J Hartnett
Matthew J Hartnett answered on May 30, 2017

Possibly. The immigration laws were different before IIRIRA passed congress and was signed into law. This occurred in 1996. I would encourage you to consult with an attorney for a complete case evaluation.

1 Answer | Asked in Immigration Law for New Jersey on
Q: I am above 21 and my mother just received her green card. How long it is going to take for me to receive my green card?

I am 22 right now and my mother just received her green card. She is going to start her application for me as soon as possible. Do you know on average how long it usually takes for an unmarried child to receive his or her green card?

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

Has your mother filed for you yet? How did your mother get her green card? Was there a way to be included in your mother's case when you were under 21? Where do you live?

These are all important questions that need to be discussed in order to properly advise. However, generally...
Read more »

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: My Fiance came with Visa to the united state. now his visa is expired and we are trying to get married. cant be this be

Cant this be a problem.?

Matthew J Hartnett
Matthew J Hartnett answered on May 17, 2017

Are you a US citizen? If you are, that issue specifically wouldn't be a problem as long as your fiance was inspected and admitted (with a visa). Consider contacting an attorney to discuss in further detail.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I want to become a citizen, im a green card holder since 1986. However, i have pleaded guilty to 4 traffic violations

Two of the violations are vtl 511.1a

And two more are vtl509.1

They were in New york city during the following years 1994, 1995, 1999 and 2003.

Can i apply to my naturalization papers with this violations?

Matthew J Hartnett
Matthew J Hartnett answered on May 15, 2017

Generally speaking, traffic violations shouldn't be problematic for naturalization, as long as the fines are paid, and as long as they are not DUIs. Consider a consultation with an immigration attorney for assistance.

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