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Questions Answered by Robert Roy Klein
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.... Read 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... Read 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... Read 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... Read 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... Read 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.

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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........ Read 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... Read 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...
Read 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.

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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... Read 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... Read more »

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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... Read 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... Read 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.

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1 Answer | Asked in Family Law and Immigration Law for California on
Q: Question about I 864 Affidavit of Support

I am currently physically addressed in Mexico to be with my husband. That’s the physical address that I put on the approved I 130 as well. I am domiciled in US though . I have a mailing address, and US cellular carrier plan that I pay for every month . USA is where I intend to live. But for the... Read more »

Robert Roy Klein
Robert Roy Klein answered on May 4, 2020

The 864 requires the sponsor to be domiciled in the US, meaning the address in the country where you treat and intend to be your permanent home. Thus, put your US address.

1 Answer | Asked in Immigration Law for Illinois on
Q: I thank all the lawyers on this site who are interested in helping people

If a person is charged with a breach of aggravated speed and resolved in court as a petty ofense and supervision is given, will this affect the renewal of the work permit because she has a pending asylum. And she signed i bond, will this arrest affect her in the future

Robert Roy Klein
Robert Roy Klein answered on May 4, 2020

2 misdemeanors or 1 felony disqualifies someone for an EAD based on asylum. The arrest and conviction will come up in the asylum interview and in court. Keep all records, including arrest, police, court, disposition, and finishing any program and paying any fine that the judge ordered.

2 Answers | Asked in Immigration Law for Nevada on
Q: Can a person who is undocumented apply for advance parole if they have no lawful status?

These are people that don’t have DACA or I 485 pending

Robert Roy Klein
Robert Roy Klein answered on May 4, 2020

No, if the person does not have status or authorization to stay in the US, the person can't ask for permission to re-enter the US to remain without status. They're already breaking the law by being in the US without status. Filing a 131 will only alert the government of the person's presence.

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1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law for New York on
Q: Should I can cancel my unemployment weekly benefits , because it can affect getting a new 0-1 visa or a green card ?

how do I cancel my unemployment weekly benefits? Do I need to call ? Or stopping claim?

Sorry for some many questions!

Thank you

Robert Roy Klein
Robert Roy Klein answered on May 3, 2020

Unemployment is not considered under the public charge rule and has no effect on a green card.

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