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Questions Answered by Matthew J Hartnett
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... View 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... View More

1 Answer | Asked in Immigration Law for Arkansas on
Q: Hello! Ive been in USA in past 5 years and im ready to apply for my Citizenship

Hello! Ive been in USA in past 5 years and im ready to apply for my Citizenship. I got my green card as asylum and later on i got married to USA citizen. I will apply based on my asylum status. Will it affect by any way getting a citizenship or i would need a legal help? Thanks

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

If you have been married to US citizen for 3 years, you can apply based on your spouse. Otherwise, as you already stated, it needs to be 5 years. USCIS has scrutinized N400s (naturalizations) more closely over the last few years. I would recommend working with an immigration attorney.

1 Answer | Asked in Immigration Law for Virginia on
Q: I have a cousin from my father's side of the family who does NOT have any documents,I am a American citizens.can I help?

My cousin has been in this country for 10 years working and paying taxes! How can I help her.

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

Unfortunately you can't file for your cousin. But, your cousin should consider scheduling a consultation with a lawyer to discuss her options.

1 Answer | Asked in Immigration Law on
Q: Hi i am a US Citizen and ID like to marry my children's dad. We have been together 3 years and have 2 children together.

We have 2 children together and another on the way. As soon as we are married, I'd like to immediately begin the process in filing for his papers. I'm wanting to know if there is a waiver for him to not have to go back to his country. I and my children completely depend on his. He is the... View More

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

It depends how your husband entered the country and how many entries he has. He may need a waiver, he may not. consider a consultation with an immigration attorney to walk you through this analysis.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Born in Haiti and came to U.S. at age six.

I was born in Haiti and came to U.S. at age six. Attended school, graduated, etc. here in Massachusetts. Parents became citizens when I turned 17. Am I not considered a naturalized U.S. citizen based upon this? Thank you.

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

Possibly. This type of analysis can be complicated. Did you enter as a permanent resident? Or did you later become a permanent resident? Consider a consultation with an immigration attorney to properly evaluate.

1 Answer | Asked in Immigration Law for Maryland on
Q: Which is the best process, marrying my Jamaican boyfriend in Jamaica and sending for him or the K-1 fiance visa?
Matthew J Hartnett
Matthew J Hartnett
answered on Feb 15, 2017

It depends where and when you want to get married. (Jamaica or USA and when). If you don't care where, when is important. You can get the K-1 visa started fast. But you can't file the I-130 until you are married. consider a consultation with an immigration attorney to assist.

2 Answers | Asked in Immigration Law for New York on
Q: Background check for I-485 is delayed beyond current processing times, what are my legal options instead of waiting?

I-485 for EB-1 C is delayed (upon requesting USCIS they informed me that Background investigation is not completed), currently TSC is processing July 28 applications while my application was submitted on May 11. I want to find out if there is a legal recourse here instead of waiting for Back ground... View More

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

There is. You can start with email follow ups. If those don't work, do an info pass appointment. If that doesn't work, you can sue USCIS by filing a writ of mandamus in federal court. However, 9 months for an employment adjustment isn't THAT long. I would focus on the first two... View More

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1 Answer | Asked in Immigration Law for Wisconsin on
Q: will I need a second interview after receiving a 221 g

attended 1st interview Jan 19 was given a 221 g I submitted the additional documents,,,,, on Feb 13 I was asked again for additional document another 221 g was attached,,will I need to have another interview?

Matthew J Hartnett
Matthew J Hartnett
answered on Feb 13, 2017

It depends. But most likely not as long as you can provide the documents being requested.

1 Answer | Asked in Immigration Law on
Q: Am I at risk of losing my perminant residents card if I have been out of the us more the 6 months?

I have been a resident since 2009

Matthew J Hartnett
Matthew J Hartnett
answered on Feb 13, 2017

Yes. You should come back as soon as possible. An absence of more than 180 days creates a rebuttable presumption that you have abandoned your green card. Be prepared to explain why you stayed out for so long and consider a consultation with an attorney.... View More

1 Answer | Asked in Immigration Law for Arizona on
Q: My Brazilian wife is here on an H1-B, but we've applied for residency. If her visa expires will we have to restart?

Her visa expires in September, the paperwork was received by DHS at the beginning of January (Chicago office). If her visa expires before she's approved, do we have to re-submit and pay the fees again? Can she get a green card if she has to move back to Brazil, or does she need to come back... View More

Matthew J Hartnett
Matthew J Hartnett
answered on Feb 9, 2017

Are you a US citizen? And did you file the I-485? If both of the answers to those questions are yes, it shouldn't be a problem. However, you should consider a consultation with an immigration attorney to be 100% sure.

1 Answer | Asked in Divorce and Immigration Law for California on
Q: Permanent resident here applying for citizenship. Will being divorced from illegal alien affect citizenship application?

I have been divorced for 2 years, was married for 8. Since he was an illegal immigrant, will that affect me at all in trying to obtain citizenship?

Matthew J Hartnett
Matthew J Hartnett
answered on Feb 9, 2017

The immigration status of your ex-husband is not something that can be held against you when filing for citizenship. That being said, you should evaluate you case in a consultation setting with an attorney before proceeding.

1 Answer | Asked in Immigration Law for Florida on
Q: Can I adjust status now if I have a labor cert. approved in Jan. 2001 based on section 245(i) after being out of status?

Hi I came here in 1999 and have never left. Based on that information would I be able to adjust status, would you take the case yourself? Thanks

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

Quite possibly. Depends on how and when you came to the USA. When did you enter? And how many times? Consider consulting with an immigration attorney to evaluate.

1 Answer | Asked in Immigration Law for Maryland on
Q: Q: How can I protect my illegal husband of 20 years from deportation? I'm a US born citizen and we have 3 children.

He entered illegally before we married and got caught, so he had orders to be deported. After we married, he voluntarily left, but came back 18 months later, and wasn't caught the second time. He has no criminal record other than a seatbelt ticket. Our children are ages 19, 15, and 12. He has... View More

Matthew J Hartnett
Matthew J Hartnett
answered on Feb 6, 2017

Consider contacting an attorney for a consultation. Situations like this are highly fact specific. There may be a way to help your husband, but it's hard to figure out without more information.

1 Answer | Asked in Immigration Law for Wisconsin on
Q: I am US citizen who married my wife in Jamaica. What is the best option to bring my wife to the US? Affordable lawyers?

What is the avg. fee rate from start to finish? To understand the process. Is the green card the same as spouse visa? Is there any who applied for Visa has the process slowed down because of Trump's new executive order?

Matthew J Hartnett
Matthew J Hartnett
answered on Feb 6, 2017

The Trump EO shouldn't slow down the processing of the I-130 petition for a Jamaican citizen. Best way to evaluate your wife's situation would be to discuss in a consultation setting with multiple attorneys and ask for price quotes during the consult. Many immigration attorneys offer... View More

1 Answer | Asked in Immigration Law for California on
Q: Can I file I-130 for my 15 year-old daughter whose mother is not my legal wife?

I'm a US citizen. I have a 15 year-old daughter who was born in Hong Kong. Her mother is not my legal wife. Can I bring her into the USA for permanent residency?

Matthew J Hartnett
Matthew J Hartnett
answered on Feb 6, 2017

Yes. As long as she is your biological daughter under the age of 21, you can file for her to get a green card. If she enters the USA before the age of 18, she will likely derive citizenship from you under the Child Citizenship Act of 2000 as long as you have shared legal custody. If not, she... View More

1 Answer | Asked in Immigration Law on
Q: I won a green card through Diversity Immigrant Visa Program. My question is do I have to maintain my F1 status?

I am F1 student.I won a green card through Diversity Immigrant Visa Program. My question is do I have to maintain my F1 status while waiting for my Interview?

Matthew J Hartnett
Matthew J Hartnett
answered on Feb 6, 2017

YES! You should always maintain status while living in the USA.

2 Answers | Asked in Immigration Law for New Jersey on
Q: Will trump government remove H4EAD ( as a part of GC process) completely near future.

Will trump government remove H4EAD completely near future and also impact on the GC process by delaying for those whose prevailing wages application are just submitted. Also will there be any delay in obtaining Prevailing wage, PERM, i140 and i485 approval.

Matthew J Hartnett
Matthew J Hartnett
answered on Feb 6, 2017

Hard to say. Eligibility for H4 EAD was part of rule making, so the Trump administration could make changes to that rule. But honestly, it's very hard to speculate.

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1 Answer | Asked in Immigration Law for Florida on
Q: I have my green card and want to apply for my Citizenship but I have a juvenile record will I get denied automatically?
Matthew J Hartnett
Matthew J Hartnett
answered on Feb 6, 2017

Not automatically. But you should work with an immigration lawyer to determine whether the criminal record is problematic for naturalization. It depends on the crime.

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