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Questions Answered by Amanda Brooke Shaffer
1 Answer | Asked in Immigration Law for New York on
Q: Hello for my sake I over stay my visa for six months and am engage to an American man. What can I do to get documented

All i need now is the way forward. I came here with a B1 OR B2VISA

Amanda Brooke Shaffer
Amanda Brooke Shaffer answered on Feb 17, 2017

Get married and he can file a marriage petition for your Green Card. Contact an experienced immigration attorney for help.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Do I have to go over old ground when applying for my i-751 in relation to question 20 when I submitted everything before

I had some very minor indiscretions as a youngster under the age of 18yo one of which being found in possession of less than 0.5 grams of cannibis. When applying for my original 2 year conditional visa (which I obtained in London without incident) I used an attorney who specialized in this type of... Read more »

Amanda Brooke Shaffer
Amanda Brooke Shaffer answered on Feb 16, 2017

Yes you must answer every question honestly. Even if you already told immigration about it before. Immigration knows about your previous criminal offense and if you answer that question "no," your application will be denied and you will most likely be placed in immigration proceedings. I... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Can a refugee with an I-94 who has not been here long enough to get a green card apply to bring her husband to US?
Amanda Brooke Shaffer
Amanda Brooke Shaffer answered on Feb 16, 2017

Yes. There is a petition for relatives of refugees that you can file to bring him here fairly quickly. I recommend you contact an experienced immigration attorney to assist you. Best of luck.

1 Answer | Asked in Immigration Law for New York on
Q: I am an international student on F1 visa, married to a LPR. Can apply for I-765 and I-130 concurrently?

I am an international student on F1 visa, married to a LPR recently. My spouse has not file I-130 for me yet. I will graduate next semester and will apply for Optional Practical Training (OPT). My question is can I apply for work authorization I-765 while pending I-130 or vice versa?

Amanda Brooke Shaffer
Amanda Brooke Shaffer answered on Feb 16, 2017

Filing the I-130 does not allow you to apply for work authorization. Your work authorization will be based on your F-1/OPT status. Your spouse can go ahead and file the I-130 for you and you can apply for your OPT work authorization as you would if your spouse had not yet filed for you. Filing the... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Can an Airline Pilot maintain a US green card and Canadian PR at the same time?

I have a Canadian wife and I have a green card. Trying to figure out what the options are as it takes so long to sponsor her as a green card holder.

Amanda Brooke Shaffer
Amanda Brooke Shaffer answered on Feb 16, 2017

I suggest that you contact an experienced immigration attorney with your issue. I cannot speak to Canadian immigration law, as I am only an attorney in the United States. The fact that you are a pilot can complicate things depending on how much time you spend outside the country. You must be... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Can someone who is here in the USt on Withholding, is there any path for that person to get some type of legal status?
Amanda Brooke Shaffer
Amanda Brooke Shaffer answered on Feb 15, 2017

You cannot get legal status (a green card) with withholding of removal. If you have another way to get a green card (like through marriage to a USC) then you have to ask the immigration court to vacate your removal order and terminate your proceedings. I suggest you contact an experienced... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: How problematic is it to continue working while waiting for EAD and AOS if current TN visa expires while waiting?

Currently on TN visa and planning to marry this year but TN visa will expire while waiting for AOS.

Amanda Brooke Shaffer
Amanda Brooke Shaffer answered on Feb 15, 2017

You cannot work in the U.S. without a valid work visa or EAD. You can be found inadmissible and thus will need a waiver to continue with your AOS if immigration finds that you worked in the U.S. illegally.

1 Answer | Asked in Immigration Law for New York on
Q: Are vacations/pleasure trips to a third country allowed while travelling on AdvanceParole?
Amanda Brooke Shaffer
Amanda Brooke Shaffer answered on Feb 15, 2017

As long as your advance parole is still valid and provided that your advance parole is NOT based on humanitarian purposes, you are free to travel for any reason outside the U.S. and reenter the country when your return. Make sure you come back to the U.S. before the advance parole expires or they... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: I'm am a recipient of DACA , under the Obama administration should I re apply for work permit after my two years is up
Amanda Brooke Shaffer
Amanda Brooke Shaffer answered on Feb 15, 2017

Unless DACA is repealed by President Trump, you should renew your DACA before it expires just like you would have before Trump took office. Nothing has changed in that respect. Renewing your DACA prevents you from accruing unlawful presence and without the renewal, you will not be permitted to work... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Can sponsoring illegal son hurt the process of parents' citizenship application?

Parents(green card holders) sponsored their son who has been illegal for almost 2 years. Now parents are applying for their citizenship that required them to give details of all their kids. Can their sponsoring their illegal son hurt their process? How will that affect the son?

Amanda Brooke Shaffer
Amanda Brooke Shaffer answered on Feb 15, 2017

Your son's immigration status and the fact that you sponsored him should have no effect on your citizenship. The most important thing when filing out your citizenship application is to be honest. You must list details about all of your kinds.

1 Answer | Asked in Immigration Law for New York on
Q: Can I submit my doj criminal record with my I-485 showing my prior arrest and dismissal?

Had an acd back in 2002 that was dismissed

Amanda Brooke Shaffer
Amanda Brooke Shaffer answered on Feb 15, 2017

You need to submit an original Certificate of Disposition with your I-485 application. A DOJ criminal record will not help.

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