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Questions Answered by Julia Sverdloff
2 Answers | Asked in Immigration Law for Maryland on
Q: How to contact USCIS for adjusting status with I-485 after I-140 approval?

I am currently in the U.S. with legal status. I filed an I-140 petition in the EB2 category in the U.S., and it was approved. However, the I-797 letter mentioned my petition has been forwarded to the National Visa Center (NVC) for consular processing. My Priority Date is not yet current, and I have... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 17, 2025

If your I-140 was approved and sent to the National Visa Center (NVC) for consular processing but you want to adjust status in the U.S., you generally don’t need special permission. When your priority date becomes current, you can file Form I-485 directly with USCIS — include a copy of your... View More

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3 Answers | Asked in Criminal Law, Domestic Violence and Immigration Law for Massachusetts on
Q: Impact of domestic violence arrest on girlfriend's student visa and consequences of changing incident report.

I had an incident with my girlfriend, who is on a student visa in the U.S. She got angry and hit me, so I called the police to get my belongings, but they arrested her for domestic violence. There were no witnesses, and a court date has been set. I have told the authorities that I want her released... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 16, 2025

Even if you drop charges or say you don’t want to press charges, the prosecutor can still continue the case. Domestic violence cases are handled by the state, not by the victim alone.

• Trying to recant can sometimes make the situation worse for both of you — prosecutors often view...
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2 Answers | Asked in Immigration Law for Illinois on
Q: Will my new I-485 application be jeopardized after past denial and possible NTA?

In 2023, my green card application was denied because my previous spouse refused to attend the interview. I am now remarried to a U.S. citizen, and I filed a new I-485 in April 2025. Given my past denial, will my current application be jeopardized, and is there a risk of receiving a Notice to... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 15, 2025

Congratulations on your recent marriage and upcoming addition to your family!

Your prior I-485 denial (due to lack of cooperation from your previous spouse) does not automatically jeopardize your new adjustment of status application, as long as your current marriage is genuine and you meet...
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2 Answers | Asked in Immigration Law for California on
Q: Can I re-enter the US on STEM OPT unemployment clock after brief return to home country?

I am currently on STEM OPT and have been laid off, with my last day of employment being June 30th. I plan to return to my home country briefly before coming back to the United States to continue my job search. I have an allowance of 150 unemployment days and have not used any yet. Will I be able to... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 15, 2025

Yes, your plan is viable! But CBP holds discretion and you must be well-prepared with documentation to show you’re maintaining STEM OPT rules. Your 150-day unemployment clock can continue while you’re abroad, as long as you haven’t exceeded it. Recommendations:

Pre-travel: verify...
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2 Answers | Asked in Immigration Law for New York on
Q: Concern about CBP issues re-entering U.S. from St. Thomas with a green card.

As a U.S. green card holder originating from Bangladesh and residing in the U.S. since 2002, I am planning to travel with my parents to St. Thomas, USVI. We have valid, renewed green cards, REAL IDs, and passports, with no criminal records or legal offenses. I am concerned about reports of green... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 14, 2025

Traveling to St. Thomas (USVI) as a green card holder is considered domestic travel, so CBP inspection at the mainland airport is usually routine. Since you have valid green cards, REAL IDs, and passports, and no criminal or immigration violations, there should be no problem re-entering the U.S.... View More

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4 Answers | Asked in Immigration Law for California on
Q: Is a U.S. passport sufficient proof of citizenship for my son, or does he need a Certificate of Naturalization?

My wife and I obtained U.S. citizenship and a Certificate of Naturalization, and our son, born in India, became a U.S. citizen at age 15. He has only a U.S. passport. Is the passport alone sufficient to prove his U.S. citizenship, or should we also get a Certificate of Naturalization for him? If... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 14, 2025

A valid U.S. passport does prove citizenship, but for kids who became citizens through parents, I always recommend also getting a Certificate of Citizenship. Unlike a passport, it never expires and is useful if there’s ever a passport renewal issue, lost passport, or questions about how... View More

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2 Answers | Asked in Immigration Law and Tax Law for Arizona on
Q: Is it safe for a green card holder with pending renewal to travel to Mexico given the current ICE situation?

I am a green card holder from Mexico planning to travel to Puerto Vallarta for one week. With the current situation of ICE detaining individuals, even those with green cards, is it safe for me to travel to Mexico? My green card expires next year, and I'm supposed to renew it soon.... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 13, 2025

Yes, it’s generally safe. As long as your green card is still valid, you can travel abroad and return without needing a renewal receipt. A short trip to Mexico (like one week) is fine. You should not face issues with ICE or CBP unless you have prior immigration violations or criminal history,... View More

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4 Answers | Asked in Immigration Law for Virginia on
Q: Can I do personal forex trading on an F2 visa in Virginia?

I am currently on an F2 visa, and my husband changed his status from B1/B2 to F1. We don't have OPT yet, and my brother-in-law is sponsoring our education and expenses. I would like to start personal trading with reputable brokers from home using my skills, not as a job but as a way to earn... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 11, 2025

F-2 visa holders are not permitted to work or earn income in the U.S., including through self-employment, online work, or any form of active trading for profit.

Selling your personal gold jewelry occasionally is allowed, as long as it is not part of a regular business or commercial...
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3 Answers | Asked in Immigration Law and Domestic Violence for New Jersey on
Q: How can I sponsor my deported father to return to the US after a domestic violence case 20 years ago?

I need help sponsoring my father to return to the US after being deported due to a domestic violence case involving my mother roughly 20 years ago. My mother says she can't drop the case because it is under the court's jurisdiction, but my father insists that it wasn't true. He has... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 11, 2025

Yes, but it will be very complicated. Since your father was deported due to a domestic violence-related conviction, he is likely inadmissible to the U.S. and would need special permission to return.

Here’s what would likely be required:

1. You can file Form I-130 as his adult U.S....
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2 Answers | Asked in Immigration Law for Alabama on
Q: Visa renewal: "Physically present in Brazil" question answer?

I am a postdoctoral fellow in the U.S. and currently renewing my H-1B visa in Brazil. I'm eligible for an interview waiver since I'm applying in Brazil, my nationality country, have never been refused a visa, and my current visa is valid until October 2025. When scheduling my appointment,... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 10, 2025

You should answer “No” to the question, since it refers to your physical presence at the time you are completing and submitting the visa appointment scheduling, not your future travel plans. Even if you have a confirmed itinerary to arrive shortly after, you are not physically in Brazil at the... View More

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4 Answers | Asked in Immigration Law for Virginia on
Q: Can my husband continue to work on his H-4 EAD card after my green card approval?

I recently had my I-485 approved, so I am now a green card holder. My husband's application status, however, has not changed and remains pending, even though we applied for adjustment of status at the same time. He is currently on an H-4 visa with an EAD card (code 26), which expires in April... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 10, 2025

Once you became a lawful permanent resident, your husband is no longer eligible to maintain H-4 status, as that classification is only for dependents of H-1B visa holders. Although his H-4 EAD (category C26) may appear valid through April 2026, it is only valid as long as he remains in valid H-4... View More

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2 Answers | Asked in Immigration Law for Virginia on
Q: Can I file Form I-730 for my child listed on I-589?

I am the principal applicant for asylum and my interview is scheduled for about a month from now. In my Form I-589, I listed my child in Part A.II ("Information About Your Spouse and Children") but marked "No" to "If in the U.S., is this child to be included in this... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 9, 2025

Yes, you can still file Form I-730 for your child if you are granted asylum.

Even though you marked “No” on your Form I-589 regarding including your child as a derivative, and even though your child is now over 21, the Child Status Protection Act (CSPA) protects your ability to petition...
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3 Answers | Asked in Immigration Law for Massachusetts on
Q: Citizenship application & selective service registration mistake.

I applied for U.S. citizenship and responded to the selective service requirement by stating that I was not required to register because I believed I entered the U.S. when I was 25 years and 3 months old. I actually entered on July 21, 2020, and I am currently 30 years old. I have only received a... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 8, 2025

If you entered the U.S. at age 25 and 3 months, you were still within the Selective Service registration window (which ends at age 26). If you didn’t register and were required to, USCIS may ask for an explanation. However, if you actually entered after turning 26, then you were not required to... View More

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3 Answers | Asked in Immigration Law and Gov & Administrative Law for Arizona on
Q: Denied firearm purchase with valid EAD and hunting license in Arizona.

I attempted to purchase a firearm but was denied because I am in the U.S. on an Employment Authorization Document (EAD), contingent upon green card approval. The denial stated that an EAD for employment purposes cannot determine eligibility to purchase a firearm and that an alien must have a valid... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 8, 2025

Unfortunately, having a valid EAD alone—especially one based on a pending adjustment of status—does not meet the federal definition of lawful immigration status for firearm purchases under 18 U.S.C. § 922(g)(5). The hunting license exception typically applies to nonimmigrants on temporary... View More

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2 Answers | Asked in Immigration Law for Minnesota on
Q: Am I exempt from the Trump June 2025 travel ban with I-512T?

I am a Yemeni citizen residing in the US under Temporary Protected Status (TPS) and have received the I-512T travel authorization for non-US citizens. I am planning to travel to Egypt for a family visit. Am I exempt from the Trump June 2025 travel ban?

Julia Sverdloff
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Julia Sverdloff
answered on Jun 8, 2025

Yes. As a Yemeni TPS holder with a valid I-512T travel document, you are exempt from the June 2025 travel ban as long as you were inside the U.S. on June 9, 2025. You may travel and re-enter, but carry your I-512T and passport, and expect possible screening on return.

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2 Answers | Asked in Immigration Law, Tax Law and Internet Law for California on
Q: Does trading options as an F1 student violate visa regulations?

I am an F1 student engaged in trading options in my Robinhood brokerage account, specifically using strategies like cash secured puts and covered calls. I conduct approximately 5-6 trades per week, resulting in 20-24 trades per month, and earn about $1,000 monthly from this activity. My day job... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 7, 2025

Frequent options trading that generates consistent income—like 20–24 trades a month and $1,000 in profit—can be viewed as active income, which may violate F-1 visa rules prohibiting unauthorized employment or self-employment.

While occasional investing is allowed, trading at this...
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3 Answers | Asked in Immigration Law for Wisconsin on
Q: Does EB2 filing restrict switching to EB1-C later?

I am currently on an L1A visa and working as the Lead System Designer and Technical Product Manager at GE Healthcare, where I manage a critical business function and oversee system design, regulatory compliance, and global deployment for a Radiation Oncology platform. My role involves... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 7, 2025

Filing under EB-2 does not restrict or prevent you from later pursuing an EB1-C petition. These are separate immigrant visa categories with different requirements. You may maintain or proceed with the EB-2 PERM-based process while independently pursuing EB1-C if your role meets the multinational... View More

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3 Answers | Asked in Immigration Law and Probate for New York on
Q: How can I protect my rights in US inheritance and immigration matters with family disputes?

I am dealing with a complicated situation involving immigration and inheritance issues in the U.S. My late father left me 90% of his property in his will, but my stepmother and stepsister are disputing this. I have a 5-year visit visa to the U.S. and have started a legal process concerning the... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 7, 2025

While your 5-year visitor visa allows you to be in the U.S. temporarily, it does not offer a path to lawful permanent residence. If your father had filed an immigration petition on your behalf before his passing, humanitarian reinstatement may be available — but it typically requires a close U.S.... View More

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2 Answers | Asked in Immigration Law for Maryland on
Q: Can my H-1B be reactivated and will an F-2 denial affect a new H-1B?

I was in the U.S. on an H-1B visa from 2021 until May 2024 out of the 6-year cap, though my visa was valid until September 2024. I left the U.S. in May 2024 and have been in India since then. My previous employer is offering me a job again. Can my H-1B be reactivated given that I have only used 3... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 7, 2025

Yes, your H-1B can be reactivated since you were previously counted under the cap and only used 3 of the 6 years. Your employer can file a cap-exempt petition for the unused time. The prior F-2 denial under INA 214(b) should not negatively affect an H-1B petition or visa stamping, as H-1Bs allow... View More

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2 Answers | Asked in Immigration Law for Washington on
Q: What can I do about not submitting my final STEM OPT evaluation before SEVIS transfer?

I'm currently on an F1 visa with CPT work authorization. Previously, I was on a STEM OPT, which was transferred from my old school to my current school. Unfortunately, I forgot to submit my final evaluation for the STEM OPT on the SEVP portal before transferring out. The SEVIS transfer... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 7, 2025

If you failed to submit the final STEM OPT evaluation (Form I-983, page 5) before your SEVIS transfer, you should promptly contact your previous DSO and request that they upload the final evaluation retroactively to SEVIS. You can complete the evaluation now with your former employer and provide it... View More

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