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Questions Answered by Svetlana Kats
3 Answers | Asked in Employment Law and Immigration Law for Florida on
Q: Can unemployment assistance prevent me from getting my green card?

I am currently under parole under the Cuban Adjustment Act. I have to apply for the green card in August. I was currently laid off from work due to COVID-19.

Svetlana Kats
Svetlana Kats answered on Apr 30, 2020

Receiving unemployment will not affect your eligibility for green card.

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2 Answers | Asked in Immigration Law for South Carolina on
Q: I filed an extension for my J1 visa but I got denied. Will it affect my application for AOS and petition in the future?

I'm in J1 visa and I applied for an extension yet I got denied. My visa expired already when they sent me the response. I still haven't got married to my boyfriend. If he will petition me in the future and I will file my AOS, will this be a problem because I already overstayed?

I... Read more »

Svetlana Kats
Svetlana Kats answered on Apr 30, 2020

Sine you are out of status now, the best option for you is to marry your boyfriend ( I assume he is a US citizen?).

After the marriage he can file marriage based petition for you along with the AOS application from you.

Having pending I-130/I-485 would allow you to remain legally in...
Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: FOR AOS I submit 864 from my joint sponsor as my petitioner mom (GC holder)has no income. RFE want extra 864 from my mom

I am in F2B category applied for AOS .Should I put zero income on 864 from my mom if she has zero income. My joint sponsor has a household income which qualify for 125%. My 864A form for joint sponsor and household member is also missing according to RFE.

TO MY KNOWLEDGE WE WOULD SUBMIT... Read more »

Svetlana Kats
Svetlana Kats answered on Apr 30, 2020

Hi there! Since your mom is your petitioner, she has to submit I-864 Affidavit of Support even if she has 0 income and your have a co-sponsor ( yes you put 0 for her income in the form). For the co-sponsor most likely her income alone does not qualify her as a co-sponsor, so as requested by the... Read more »

5 Answers | Asked in Immigration Law for Florida on
Q: How does new Trump's Executive Order affect me? (just 1 week away to send my docs to USCIS under Cuban Adjustment Act)

In a week, it is 1 year and 1 day I have been living in the US and I am supposed to send my documents to USCIS to apply for my residence under Cuban Adjust Act Immigrant Program. Does the new Trump's executive order, pausing 60 days Immigration Green Card Processing affect me? If yes, should I... Read more »

Svetlana Kats
Svetlana Kats answered on Apr 23, 2020

Hi there! The current executive order will not affect you as it only applies to aliens who are outside of the US and applying for immigrant visa ( green card) through the U.S. consulate. However, I would recommend that you apply for green card as soon as you become eligible. Good luck!

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1 Answer | Asked in Immigration Law for North Carolina on
Q: Hello I'm a legal USA resident. I've been in love and dating a gentleman from Nigeria on and off for 12 year's.

His work Visa has expired years ago. I want to marry the love of my life. He doesn't have a criminal background. What should we do?

Thank you,

Fay

Svetlana Kats
Svetlana Kats answered on Mar 30, 2020

Fay, your best option is to marry your fiance and apply for U.S. citizenship when you become eligible.

As a U.S. citizen, you will be able to file immigrant petition and application to adjust status for your husband to keep him in the U.S.

1 Answer | Asked in Immigration Law for Florida on
Q: Question about my package rejection

I send my immigration package after two weeks, the package will return to me by mail because one of the applications the i-485 was with an expired form, I already completed the new current form and I have to send the package, my question is I have to fill out all the forms again or I can send the... Read more »

Svetlana Kats
Svetlana Kats answered on Mar 30, 2020

Hi there, just add new version of I-485 form to your previously mailed package, you don't have to complete all other forms again. Make sure to place green page ( that was attached to your rejection letter) on top of your submission package. Good luck!

3 Answers | Asked in Immigration Law for New Jersey on
Q: Can I stay and work in America?

Hello! I’m on an L2 visa. Both L1&L2 extensions were requested recently. The L1 visa holder is leaving soon, but I’d like to stay and work. Can I apply for my EAD now, even though the L1/L2 extensions haven't been approved yet? Can I stay while I wait for my EAD even though the L1... Read more »

Svetlana Kats
Svetlana Kats answered on Mar 30, 2020

Hi there, yes you can stay in the US on a valid L-2 status even if your L-1 spouse is traveling back and forth.

As to the EAD: you can apply for EAD if your L-2 status is still valid ( if you filed for extension prior to the expiration of your L-2 status). If your status has expired, you...
Read more »

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4 Answers | Asked in Immigration Law on
Q: Can I get a job offer in the USA then later permanent residency?

I have a 3-year Canadian advanced diploma in Business Administration - Marketing. I have one year of work experience. Which work visa do I qualify for?

Svetlana Kats
Svetlana Kats answered on Mar 25, 2020

Hi there, you may be eligible for NT-1 visa if you are Canadian Citizen - depending on your degree and if your employer will petition you for an occupation which is qualified under the TN-1 category occupations. You may be also eligible to apply for permanent residency based on labor certification... Read more »

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4 Answers | Asked in Divorce and Immigration Law for New Jersey on
Q: what would someone need to get to the US

if the guy i was arranged to marry tries to use our verbal marriage certification, would it work?

Svetlana Kats
Svetlana Kats answered on Mar 25, 2020

Hi there! No, verbal marriage arrangement will not work for immigration purposes- you need a real official marriage certificate.

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3 Answers | Asked in Immigration Law for California on
Q: How Can I help my mom become a U.S citizen ? I'm 26

I really want to help my mother become a u.s citizen. Just dont know what steps to take .shes been here in the u.s for 26 plus years .I just dont want mom getting deported and my lil brother of 11 years to not have my mom here . Also is there an estimate on how much it would be if this was possible?

Svetlana Kats
Svetlana Kats answered on Mar 13, 2020

Hi there! It’s very difficult to evaluate your moms case without more information but since she lived in the US for so long she may have some options:: for example if you are a US citizen you may petition for her to become a legal permanent residency or , she may be eligible for cancellation of... Read more »

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1 Answer | Asked in Immigration Law for Virginia on
Q: can I used same i130 to refile 485 that’s been denied in 2014

I have an approved i130 since 2012 ,but my 485 was denied because the dhs asked for certified disposition for two cases which they got dismissed and the sponsor didn’t meet the standards, and now I have to go for master hearing in front of judge cuz ice put me in removal proceedings, I would like... Read more »

Svetlana Kats
Svetlana Kats answered on Mar 6, 2020

Yes, you can use previously approved I-130 in Court. Just ask judge to schedule your adjustment of status hearing and submit your previously approved I-130 petition together with the documents showing that you are still married to the petitioner and your marriage is bona file. You will also need to... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: I am LPR ,can I apply for citizenship in spite I spent continuous 183 days out of USA ?

I completed 5 years as LPR and more than 36 month in USA

Svetlana Kats
Svetlana Kats answered on Mar 3, 2020

Most likely yes, if you have documents to show that during 183 days that you spent outside you kept your residency in the US ( driver's license, bank statements, tax returns, lease agreement etc.)

1 Answer | Asked in Immigration Law for New York on
Q: Should I visit my wife before her consular interview?

So, me and my wife get married on March 2018 outside U.S. She lives in Pakistan. After me coming back to U.S I filed for her petition but case got stuck for all these months. But, she has few months before interview. My question is I didnt visit her since 2018. Does during interview will they ask... Read more »

Svetlana Kats
Svetlana Kats answered on Mar 3, 2020

Hi there, Generally you are not required to appear at the interview with your wife. However, be prepared to present documents showing your ongoing communication during the time when you lived separately ( copies of the Skype, phone, social media communication, etc. )- help your wife to collect all... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: Can I get married the 1st time meeting my fiance and apply for for him to come to the state
Svetlana Kats
Svetlana Kats answered on Mar 1, 2020

Hi there. If you are US citizen you can apply for fiancé visa before marrying yurt fiancé , and then when your fiancé comes here on fiancé visa you can marry within 90 days of entry.

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1 Answer | Asked in Immigration Law and Tax Law for Colorado on
Q: Can I claim my wife and child who are waiting for i765 & i485 papers to process on my taxes using the 9 digit USCIS #

Married, no ead card yet but I do have an uscis alien number from paper work.

Svetlana Kats
Svetlana Kats answered on Feb 14, 2020

No, you can't use USCIS number for the purpose of your federal tax return. You have to apply for tax ID with the IRS for your wife and child or just wait until their I-765 are approved so they can receive SSN.

1 Answer | Asked in Immigration Law for California on
Q: Can our LLC be taxed as an S-corp, E2 company

We are on an E2 visa and have been on this visa for 7years.

The company is an LLC.

Can we choose to be taxed as an S-Corp or will take impact or E2 status?

(We are considered US Residents according to IRS website)

Svetlana Kats
Svetlana Kats answered on Jan 29, 2020

Changing your tax status to S-Corp will not affect your E-2 visa status as long as you don’t change the ownership structure of your company.

2 Answers | Asked in Immigration Law for New York on
Q: NOID 4 years ago and when I called the Immigration Courts nothing came up!

Got an NOID for my marriage-based green card application/adjustment of status about 4 years ago and when I called the automated Immigration Courts hotline (1-800-898-7180) with my USCIS #, nothing came up. What could’ve happened? Why would they leave it hanging for that long instead of forwarding... Read more »

Svetlana Kats
Svetlana Kats answered on Jan 14, 2020

I am sure that calling court hotline has nothing to do with receiving NOID for your pending green card based on marriage case. The NOID is not a final decision to deny its just an intent ( warning) that your case may be denied if you don't provide documents requested by the NOID. If your... Read more »

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2 Answers | Asked in Immigration Law for Oregon on
Q: can I travel with the passport from my country of origin as a green card holder through asylum to other countries?

I wouldn’t go to the country where I’m claiming persecution from. Just other countries but without applying for a refugee travel document

Svetlana Kats
Svetlana Kats answered on Jan 14, 2020

Yes you can travel with passport and green card ( you don't need refugee travel document if you have a passport from your country).

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1 Answer | Asked in Immigration Law and Tax Law for Florida on
Q: switching from S-Corp to LLC under E2 visa

Hello, I have an E2 visa and live in FL. My business is an S-Corp and I wish to close or transition it into an LLC, as the taxation featured of LLC suite my needs more than S-corp. Am I legally allowed to make this move without compromising my visa status? I own 100% of the business and just want... Read more »

Svetlana Kats
Svetlana Kats answered on Dec 27, 2019

Hi there! Changing your company's tax status from s corp to LLC will not affect your immigration status. Just make sure that your ownership in the company does not change.

2 Answers | Asked in Immigration Law for Colorado on
Q: Is my name an issue?

I’m a us citizen and I also have citizenship in mexico through naturalization. In the US I only have one last name but to be able to have the Mexican citizenship I was required to add my mothers last name. So now I have one last name on my US Passport and two last names on my mexican documents. I... Read more »

Svetlana Kats
Svetlana Kats answered on Dec 20, 2019

Use your US legal name for the purpose of petition for your wife. Include all previously used names on the application form ( application will ask yuh for that information). Good luck!

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