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Questions Answered by Matthew J Hartnett
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...
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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.

1 Answer | Asked in DUI / DWI and Immigration Law for Pennsylvania on
Q: Why can't he get his bail?

My dad got arrested..he did his 7 days in prison and then ICE showed up and said they would take him to the immigration prison even though he had a DUI.. my dad isnt able to get a bond because he left the country but he left with permission from immigration because he has a TPS. He got his passport... Read more »

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

Your dad might be bond eligible. It depends which judge and how many arrests he has and when they occurred along with other equities. Is he in York County Prison? or Pike? If so, you should consult with an attorney before his next hearing before the Judge in York.

1 Answer | Asked in Immigration Law for New Jersey on
Q: How do I change from b1/b2 to green card or any other residence visa

I have few question to ask you about my status and how you can be of help. I entered to the country with my wife last year with b1/b2 visa

Now we have our son and is 9months old. I will like to know how possible is it for us to be legal. Having green card SsN and scared from deportation... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on May 10, 2017

I would recommend you sit down with an immigration attorney in your area to discuss and evaluate your options. having a child born here doesn't per se give you status, but there maybe something you can do.

1 Answer | Asked in Immigration Law for Virginia on
Q: My girlfriend is a US citizen and she is working here. Im an Australian citizen on E3 visa. we want to get marry her

Hi, My girlfriend is a US citizen and she is working here. Im an Australian citizen on E3 visa. we want to get marry here in US. We both are divorced already and this is our second marriage. So please help me with the immigration process.. Thanks

Matthew J Hartnett
Matthew J Hartnett answered on May 10, 2017

Consider sitting down with an immigration lawyer to discuss the process. This will help answer general questions and sometimes even case specific questions.

1 Answer | Asked in Employment Law and Immigration Law for New Jersey on
Q: Can I change jobs while my H1B is in process?

Hi,

I am with Employer A and he filed H1B and it's in process (I am currently on F1 OPT extension, and it expires in April next year) but I've got a better job offer with Employer B. Can i switch my Employer A to Employer B while my H1B is in process? If yes, how should I proceed with this?

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

You need to talk with the attorney for Employer B. It may be possible.

2 Answers | Asked in Immigration Law for New Jersey on
Q: hi, what is the best way to get your love one, fiancé or Marry him to his country then file a spouse visa here.

I was married in 2012, I'm just waiting for my ex husband to sign the Devore paper, his in vacation outside the county, were separated since oct 2016, now I have a new relationship, his in the Philippines. I known him since I was in collage, now I want to be with him, and I don't know if... Read more »

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

Ask yourselves where you really want to get married. If you want to get married in the Phillippines and that takes a long time to coordinate, maybe consider K-1 visa and getting legally married in the USA and then returning to Phillippines at a later date to plan the wedding. as you can see there... Read more »

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2 Answers | Asked in Immigration Law for North Carolina on
Q: If ice or any authorities go to home looking for someone and find an undocumented immigrant there can they take him?
Matthew J Hartnett
Matthew J Hartnett answered on Feb 26, 2017

If they wait outside and are looking for an undocumented immigrant specifically, yes, they can take him and detain him. He would have his right to due process unless he has already had court and been deported in the past. They cannot enter your home without a warrant (court order), which they... Read more »

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1 Answer | Asked in Family Law and Immigration Law for Florida on
Q: Hi, I am going to marry a woman from Vietnam. What paper work do I need to file?? Thanks
Matthew J Hartnett
Matthew J Hartnett answered on Feb 25, 2017

Depends where you plan to get married. Vietnam or USA? And is she here or there?

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Can I apply for naturalization using married name as legal name even though my GC and other IDs have my maiden name?

I am a permanent resident and got married last year. I applied for i90 for replacement of name in my GC last July with the married last name but processing is very slow it's been 7 months now and they are just processing the April 2016 applicants. I am now eligible to apply for citizenship and... Read more »

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

You can change your name to whatever you want on the N400. Honestly, that is the best time to do it. Consider consulting with an attorney in your area regarding eligibility for naturalization.

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2 Answers | Asked in Immigration Law for New Jersey on
Q: I came to the US when I was 9 with somebody else's papers now I want to get married to my boyfriend who is a resident?

My boyfriend for 10 years, he is now going to file for citizenship and we was planning to get married before doing so, so he can claim me as his wife. Would it be possible to do it this way? We also have a 4 year old together. Thank you

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

Yes, it is. But not until he is a US citizen. You should consult with an immigration attorney about this however because it isn't a straight forward case. You will need to prove or attempt to prove how you entered, and that may be difficult. Do you have a copy of the passport you entered... Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: The picture on my green card is when I was a kid. I have a felony on my record. Can I renew my green card?

I am now 36 years old and I was 19 when I got this felony. I was convicted for robbery and finished my 2 year probation. I never renewed my green card. Can I possibly apply for citizenship or renew my green card?

Matthew J Hartnett
Matthew J Hartnett answered on Feb 22, 2017

You need to consult with an attorney in your state. These are very fact/state specific legal questions that could have severe consequences depending on how you approach this. Reach out to an AILA member in your area and request the services of an attorney to evaluate this for you.

1 Answer | Asked in Immigration Law for Virginia on
Q: Are there any chances of approval after a NOID?

I recently recieved a NOID regarding my change of status from B1/B2 to F1. I was curious to know what chances are there for the approval of the COS once the requested evidences are submitted? Does the NOID tend to change the director's decision? I would really appreciate your help!

Matthew J Hartnett
Matthew J Hartnett answered on Feb 22, 2017

Yes, it's possible to overcome a NOID, but it really depends on the facts presented and the evidence you will be submitting in response. If you don't submit anything, it's unlikely you will succeed.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Hello, my wife and I overstayed our visa, hv 2 citizens kids. Any chance of getting employment sponsorship?thx

We came 2006, overstayed and got 2 kids both are US citizens. Is there a chance I can get employment sponsorship? Because my boss wants to sponsor me if he can do it. I work as a sushi chef.

Thank you in advance

Matthew J Hartnett
Matthew J Hartnett answered on Feb 22, 2017

I'm sorry, but that is not likely to be a viable option. Consider sitting down with an immigration attorney in your area to discuss in further detail. But generally speaking, if you overstay your visa and didn't have a prior application filed prior to 2001, it isn't an option.... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: My bf at the time had a u-visa pending ,and its been close to two years and no answer,just married him ,hes illegally

What can I do at this time ???

He has been here for over 8 years and we have been together for 5 years he has no criminal record. He has a u-visa pending when he was a victim of a crime, he did fingerprinting and the pardon, but just married him what can happen with new laws now... can I... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Feb 22, 2017

You can file an I-130 petition if you are a US citizen. After the I-130 is approved, you would likely have two options: 1) wait until his U visa is approved and he is in status, or 2) evaluate whether he qualifies for 601A. Consider speaking with an attorney about these options.

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1 Answer | Asked in Immigration Law for Arizona on
Q: I am asylum pending applicant. I have a lawyer. I was wondering if I have to use my lawyer for the EAD renewal process.

I am asylum pending applicant. I have a lawyer. I was wondering if I have to use my lawyer for the EAD renewal process. I am confident I know what/where/how to file the application and the materials necessary and because I am a little strapped for cash I'd like to do this on my own without... Read more »

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

No. You do not need to use your lawyer for EAD. That is your decision. If you file pro se, you would not need to file a G-28.

1 Answer | Asked in Divorce and Immigration Law for Tennessee on
Q: Will I lose my citizenship if I divorce my American husband who cheats on me?
Matthew J Hartnett
Matthew J Hartnett answered on Feb 19, 2017

Are you a US citizen or Permanent Resident? If you are a US citizen, absolutely not. You will not lose your citizenship for divorcing him. If you are asking about losing green card, that is a bit different and requires more analysis. Consider speaking with an attorney.

1 Answer | Asked in Immigration Law for Florida on
Q: Can I apply for a k-1 visa while on a work visa in the US?
Matthew J Hartnett
Matthew J Hartnett answered on Feb 19, 2017

Generally speaking, K-1 is for people who are engaged to be married, want to get married in the USA, and where the foreign national is abroad. If you are already here, realistically there is no need for a K-1. You can just get married to your US citizen fiancé(e) and then proceed with adjustment... Read more »

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