Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Robert Roy Klein
1 Answer | Asked in Immigration Law for Illinois on
Q: Does the aggravated speed violation have an effect on immigration, asylum pending application?

Even after reducing the misdemeanor to a petty offense

Robert Roy Klein
Robert Roy Klein
answered on Nov 22, 2020

No, a misdemeanor nor a petty offense will not have any effect on your asylum. However, the USCIS officer (or judge if in court) will ask about it, so bring any documents you have that show what happened and that it was reduced.

1 Answer | Asked in Immigration Law on
Q: How can I immigrate to the USA from Japan even if I am currently a long term resident here?

I am planning to immigrate to the US via the EB3 Visa program, then sponsor my Japanese wife.

Aside from the USCIS and Travel Gov sites what documents should I get that is not listed(if ever)?

And how can I find a US company that hires potential EB3 visa applicants when the program... View More

Robert Roy Klein
Robert Roy Klein
answered on Nov 22, 2020

The docs listed on USCIS are the docs that they'll need. You can also search the web for other websites that list docs to submit. However, if you're coming to the US on an EB3 or even an H1B, the employer would be the one responsible for filing the petition.

I would begin looking...
View More

4 Answers | Asked in Immigration Law for New York on
Q: What's the 1st step to getting a fiance to America

I have been dating my fiance for a while now. And we really want her and her 3 year old son to come to NY to live with me and my 3 year old daughter. What's the 1st step for someone like me who doesn't have a whole lot of money.

Robert Roy Klein
Robert Roy Klein
answered on Nov 22, 2020

File an I-129F to get a fiancée visa, and among the documents to include, you must show an intention to marry within 90 days of her arriving in the US. You must then marry within the 90 days.

View More Answers

3 Answers | Asked in Immigration Law for Texas on
Q: Unable to obtain certified copies of disposition due to court only keeping for 5 yrs, what are other options?

In 2009 I received an MIP, alcohol - citation only no arrest. County court only keeps records on Class C misdemeanors for 5 years. I am planning on filing for citizenship but don’t have the certified document showing what the disposition was. I however do have the copy given to me from clerk... View More

Robert Roy Klein
Robert Roy Klein
answered on Nov 22, 2020

Also, the letter from the clerk would need to be certified. Go back to the court and have the clerk stamp it, which usually costs.

View More Answers

1 Answer | Asked in Immigration Law for Illinois on
Q: Is it possible to reject the pending asylum case in the immigration court due to a traffic violation?

Aggravated speed violation reduced to patty offense, court supervision and bond signature. But I did not go to custody The case was resolved in this way

Robert Roy Klein
Robert Roy Klein
answered on May 17, 2020

Only crimes involving moral turpitude. Traffic violations are not considered moral anything. The officer and the judge will want to know about it though. Keep all papers, including any fines paid and classes taken, to show the officer and judge.

1 Answer | Asked in Criminal Law, Domestic Violence and Immigration Law for Indiana on
Q: Protective Order Appeal amid Criminal Case Possibility

My wife issued a protective order for 2 years. I have a possible criminal case allegation which can be active at any time as I am said. But I only have few days left to appeal to cancel or modify the protective order. Whatever I say in this hearing can be used against me. I am a F1 student in USA.... View More

Robert Roy Klein
Robert Roy Klein
answered on May 14, 2020

For the immigration question, the PO will not have any effect on your immigration matter. Violating it will have severe consequences. The underlying crime might have consequences also.

1 Answer | Asked in Immigration Law for Texas on
Q: Can I file i360 for widower while my i485 is still pending?

I filed for i485 two years ago with my US citizen husband, but unfortunately, he passed few days before my interview. I went to the interview alone and it didn’t go too well. I’m still waiting on response from the interview. But my lawyer said that I should file i360 because I’m a widow even... View More

Robert Roy Klein
Robert Roy Klein
answered on May 14, 2020

Your 130 was automatically converted to a 360. No need to file anything.

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: I was working on H4-EAD. due to covid19, my employer asked to claim unemployment benefits.Want to cancel/deny my claim

I was working on H4-EAD. due to covid19, my employer asked to claim unemployment benefits.I have entered my details via EDD..now I decided to cancel/deny my claim/benefits.Please guide me on this? How can I do that. Please guide me the procedure...

Robert Roy Klein
Robert Roy Klein
answered on May 14, 2020

Call EDD. You can cancel your claim if you haven't received anything yet. Otherwise, you need to stop certifying each week, but your claim will remain open until it ends. See https://www.edd.ca.gov/pdf_pub_ctr/de1275b.pdf. Phone numbers are at the bottom of that PDF.

1 Answer | Asked in Immigration Law for New York on
Q: Does my mother fall into the catergory of "seeking greencard" in the new set of immigration ban rules?

My mother got her visa on January 22, 2020. Her ticket was set for March of this year but the unexpected COVID outbreak shut all airlines down. She missed her chance and her visa is set to expire on June 30, 2020. If she arrives within that time frame, does she classify under President Trump's... View More

Robert Roy Klein
Robert Roy Klein
answered on May 14, 2020

The EO does not apply to visas issued before April 23, 2020. Your mother got her visa before that date, so she should be fine.

1 Answer | Asked in Immigration Law and Public Benefits for Mississippi on
Q: If my medical bills were paid for by the hamilton county indigent program in TN will that be a public charge?

I recently got married in March and I'm applying for a green card. I gave birth to my daughter on July 19, 2019, in Chattanooga and the hamilton county indigent program paid for my delivery. I got approved for the indigent rate at Erlanger for 6 months because of the program ( I only used it... View More

Robert Roy Klein
Robert Roy Klein
answered on May 13, 2020

Only federally funded Medicaid programs are considered as public benefits. If this program was local, there should be no problem. USCIS also makes exceptions for women who receive federally funded Medicaid when they're pregnant. Finally, you're only considered a public charge if... View More

1 Answer | Asked in Immigration Law for Ohio on
Q: I have approved I-140. For my dependents i-944, shall i select yes on "Do you have approved I-140"? Page11, Part4, Item1

My dependents don't have any work approved petition. They are filing based on my approved I-140.

Robert Roy Klein
Robert Roy Klein
answered on May 13, 2020

Derivatives don't file their own 944s. Only the 485 applicant needs to file it.

2 Answers | Asked in Immigration Law for Illinois on
Q: Is it true that me(the wife) & a citizen who receives link card benefits,would affect my husband filing process

I am citizen and the wife, but I soon heard a rumor that the trump administration are cracking down on families that recieve any kind of benefits from the government and that this would affect heavily the families seeking green cards or stay in America.

Robert Roy Klein
Robert Roy Klein
answered on May 13, 2020

Public benefits received by a US citizen is not considered under the public charge rule, so your receipt of a potential public benefit has no effect on your husband's case, so long as your husband does not benefit from it. He could be seen as benefiting from it if he doesn't work.

View More Answers

1 Answer | Asked in Immigration Law for California on
Q: For a H-4 application, my attorney filed a G-28 & I-539 with multiple names of the representing attorney. Is this Okay?

My attorney works at a law firm.They have multiple attorneys in the same area.

For G-28 form they filled for my Spouse,

for the field "NAME OF THE ATTORNEY OR ACCREDITED REPRESENTATIVE",

they have three names:

.....Family name: Doe/Smith/Robinson........ View More

Robert Roy Klein
Robert Roy Klein
answered on May 10, 2020

I've never seen this and seems like a lazy way of doing things and has the potential for errors, like now. Are there multiple bar numbers also? I don't see a problem with the app itself. They won't deny the app, but they might send it back asking for a new G28 or keep the app and... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Hi, I have special case over public charge rule.My I-130 petition was approved this year by USCIS and my case in NVC now

So now I have to file affidavit of support but my income is around 21.000$ which is not above public charge guidelines for my spouse and two kids. Moreover, my son has disability. So does it mean that I cannot bring my family due to public charge rule?

Robert Roy Klein
Robert Roy Klein
answered on May 10, 2020

It's not just your income but also your assets, including bank accounts, owning more than 1 car, real estate. It's a little confusing, but if your assets are 5 times the difference between your income and the poverty guideline times 125%.

((poverty line * 125%) - your income) * 5...
View More

2 Answers | Asked in Immigration Law for Maryland on
Q: I applied for asylum, i want to leave the country, didn’t get intervie yet, can my husband stay here without me?

I applied for asylum in US, now I want to leave because situation in mu country changed, but my husband doesn’t want to leave. Is it possible for him to stay if we divorce?

Robert Roy Klein
Robert Roy Klein
answered on May 9, 2020

You can leave him here whether you divorce or not. He won't have his own asylum claim unless he files his own application.

View More Answers

2 Answers | Asked in Divorce and Immigration Law for California on
Q: I need help divorcing my husband and applying for assylum

Im Muslim that is planning on removing my scarf, being more liberal and divorcing my strict controlling husband. We have a kid together that is American and I wanna apply for assylum to be able to live in the USA and Support myself and my son. Do I have a case? And what steps should I follow? And... View More

Robert Roy Klein
Robert Roy Klein
answered on May 9, 2020

You'll have to consult with an attorney to determine how strong your case is and to assist with filing for asylum. If you wanted to do it on your own, you'll fill out and submit I-589 with USCIS. See https://www.uscis.gov/i-589. The instructions for the form lists all the documents... View More

View More Answers

1 Answer | Asked in Immigration Law for Michigan on
Q: Hi I applied for i 131 re entry permit in march and received a case number but was not scheduled a bio appointment

I was not scheduled a biometric appointment due to office closure but i checked my case status and it shows fingerprints were added to the case! Does that mean there will be no biometric appointment? What about photographs?

Robert Roy Klein
Robert Roy Klein
answered on May 9, 2020

USCIS is re-using fingerprints in previous applications.

1 Answer | Asked in Immigration Law for Illinois on
Q: Hi Wanting to find out the best ways to move to the US permanently

I’m 21 years old and currently in Illinois on a J-1 visa. I’ve been in the country for almost two years and once I return home I plan on receiving my bachelors in language education.

Once I have earned my bachelors I would like to move to the US permanently but am unsure of the best... View More

Robert Roy Klein
Robert Roy Klein
answered on May 8, 2020

You'll need to see if you are subject to the 2 year home residency requirement. If so, you'll need a waiver.

If you don't want to marry, then you'll have to find a sponsor for an employment visa. With a bachelor's, you'll qualify for an EB-3. Finding a job will be difficult. Good luck.

1 Answer | Asked in Immigration Law for South Carolina on
Q: Immigration form N-400, part 10, section 9, previous marriage. How to answer if don't know information?

I'm applying for citizenship through marriage. My wife was married 20+ years ago and she can't recall and I can't find some of the information asked about her ex-spouse in part 10 of N-400. Should I enter "unknown" or something else as an answer? I assume leaving it blank... View More

Robert Roy Klein
Robert Roy Klein
answered on May 8, 2020

Answer it to the best of her ability to remember. In the interview, tell the officer as much. Bring any docs that you have related to it, if any.

2 Answers | Asked in Immigration Law for California on
Q: Can a U.S. Citizen Abroad be deported for having a criminal record?

My son is in prison and soon to be released. ICE has put a hold on him.

Robert Roy Klein
Robert Roy Klein
answered on May 9, 2020

A US citizen cannot be deported. Your question is confusing. If ICE has him, then he's not a US citizen. Can an immigrant be deported because of a crime? Yes, it depends on the crime.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.