Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Robert Roy Klein
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.

View More Answers

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.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Does L1A to H1B conversion impact by EB1 Green Card? My L1A 7-year expiring in Jan 2022 and EB1 I-140 approved in 2018

EB1 India is currently not current and hence the question. I have got my H1B lottery selected and I'm eligible to apply. But want to understand if it will impact my Green Card processing

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

The H1B and the EB1 are entirely different and will not affect the other, except for the info that you put into either application. If the information is consistent, then there's no problem.

2 Answers | Asked in Immigration Law for Texas on
Q: I got RFE & AOS case GC is pending due to failure to submit 864-A & 864 from petitioner my mom. What are the next steps

My mom 72 years is my petitionerand has zero income. So at the time of AOS my sister filled 864 with I-485. My sister's income is less than 125%poverty line but her husband is a MD and my sister added his income as a total household income.$300,000 but we didn't submitted 864-A. The... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 28, 2020

Indeed, the AOS process is confusing. It requires a lot of forms. The RFE lays out everything that you need to submit. Follow it exactly, and submit what it's requiring you to submit. The petitioner for the 130 needs to file an 864 as well. Is she married and maybe included in a joint filing?... Read more »

View More Answers

2 Answers | Asked in Immigration Law for California on
Q: Can i work for two companies for 1 or 2 weeks on H1B?

I am on H1B visa work for company A. My H1B visa transfer is approved for company B. I need to give 2 week notice for company A but company B is asking to join immediately.

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

You can have 2 H1Bs and work for 2 different employers. However, you're talking about working for Company A for another 2 weeks. No, once the transfer is made, you're no longer authorized to work for Company A.

View More Answers

1 Answer | Asked in Immigration Law for California on
Q: what is the waiting time/ processing time for a green card through wining a cancelation of removal process????

Won a cancelation of removal process, unsure what’s next

Robert Roy Klein
Robert Roy Klein answered on Apr 27, 2020

Cancellation of removal visas are capped at 4000 per year for the whole US. This means it could take a year or two for one to become available to you. Right now, all you can do is wait and don't commit any crimes.

1 Answer | Asked in Immigration Law for California on
Q: I received I-797 after my brother petitioned me , so what's the next step and how long, knowing that I live in the US.
Robert Roy Klein
Robert Roy Klein answered on Apr 27, 2020

If your brother filed a 130 for you, it would be a fourth preference (F4) family visa. You'll need to file a 485, along with the others if they're still around by then, after your priority date is current. It takes about 14 to 22 years for that to happen, depending on your country. See... Read more »

1 Answer | Asked in Immigration Law for Minnesota on
Q: How does a Canadian citizen come/move to the US right now? Is it even allowed anymore with current virus conditions?

She is Canadian. I live in Minnesota. We are engaged and had planned that she'd drive here, look for a job, get a TN visa (until we married), and move here permanently. We were going to do this in May and had planned this months ago. Now, borders are closed, so she can't just pack up and... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 23, 2020

You can't until after the Canadian border opens and until the EO expires.

2 Answers | Asked in Immigration Law on
Q: Can I get American citizenship just because my grandfather was American?

My mother's parents weren't married. Her father died before she was born. Her mother lied to her about her father. In 2017, my mother took a DNA test and found her half-sister and a few cousins, through that she found out that her father was American. I am wondering if I can obtain... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 23, 2020

If you were born in the US, you're a US citizen. If you were born in another country, are under 18, are unmarried, and your mother is a US citizen, then you might be eligible. See https://www.uscis.gov/us-citizenship/citizenship-through-parents

View More Answers

1 Answer | Asked in Immigration Law for California on
Q: I have my final hearing on may 12 is it still that or changed
Robert Roy Klein
Robert Roy Klein answered on Apr 22, 2020

It's unclear what you mean by final hearing. If it's for immigration court, then EOIR just postponed all non-detained hearings through May 15. Be on the lookout for a new notice of hearing with a new date.

1 Answer | Asked in Immigration Law and Military Law on
Q: I want to immigrate to the US through the military. Can I do this without having a us family member/place to live, etc?

Currently I live in Lithuania, and I have no relatives in the US. Im 19, so I dont have a job either. But I want to immigrate to the US and get the citizenship. I know there is a way to do it through the military, but im not sure how should I do it "step by step"

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

Your first step is to figure out a way to get to the US that is either temporary or permanent, meaning you must be living here in the US. Then, you can apply for the military. Speak with an attorney.

1 Answer | Asked in Immigration Law for Texas on
Q: Fee waiver in N400

Hi, I am a graduate student, and 1st generation immigrant that live by herself. I receive student loan which include $33K living expenses. I have filed for N400. I want to know if I am eligible to file for fee waiver for naturalization process? Please advise,

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

You can file it with the N400 and see what happens. It's discretionary by the officer who reviews it.

1 Answer | Asked in Criminal Law and Immigration Law for Indiana on
Q: Arrested twice in past and applying for spouse and family us visas

If my British wife was arrested once for a prevention of breech of peach and another years later for allagations from a school of child neglect ( detained for only the night and never were charged and realeased both times with no further action and not having any convictions or an actually... Read more »

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

There shouldn't be a problem. Retain any arrest or police report and a court letter showing that there is no record of being charged nor convicted. On the 485 or later on the N400, she needs to mention that she was arrested. She'll have the opportunity in the interview to explain what... Read more »

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: i am on (a)(10) status and my fiancee on H1B, but with lay offs,she might lose her job,can i merry her

if she looses her job, can my status benefit her in anyway?

Robert Roy Klein
Robert Roy Klein answered on Apr 21, 2020

You're in withholding status, which is no legal status and offers no protection. While you can marry, she wouldn't have any legal status or authorization to stay in the US.

View More Answers

1 Answer | Asked in Immigration Law for California on
Q: Hello I have a question regarding extension of H1B beyond 6 years I have an approved I-140, with priority date current.

Hi I work as a research associate at Stanford University. I am currently on H1B and the H1B duration will be 6 years at the end of September 2020. In order to stay and work in US, I am in the process of obtaining green card. My I-140 got approved recently and I am going to submit I-485 (together... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 21, 2020

It's not out yet. However, there's a post on Bloomberg about a leaked draft of it. See https://www.bloomberg.com/news/articles/2020-04-21/trump-says-he-ll-suspend-immigration-to-u-s-over-virus-concerns

If things continue as they are, the draft only concerns people who are...
Read more »

1 Answer | Asked in Immigration Law on
Q: Could I get an asylum seeker visa as a bi sexual atheist living in Saudi Arabia?

Hello, I'm a Saudi Arabian malet citizen, aged 18

I'm bi sexual which in Islam is considered an abomination and I could be legally prosecuted for identifying as such but also family wise I'd be exiled

Not to mention I'm an atheist which is already a terrible... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 21, 2020

Asylum isn't a visa. You just show up at a port of entry into the US and say you're seeking asylum. Nothing is going to happen right now under the current situation. Please speak with an attorney to help you with all of this.

I'm sorry you're going through some difficult...
Read more »

1 Answer | Asked in Immigration Law and Federal Crimes on
Q: I'm in Australia if I come to the USA on a visa waiver program or tourist visa Can I apply for asylum

Or withholding of removal

Thankyou

Robert Roy Klein
Robert Roy Klein answered on Apr 21, 2020

You can file for asylum if you have fear of returning to Australia. Asylum is very difficult to obtain here in the US. Most of my clients are from El Salvador and Guatemala, and it's already a high denial rate. Please speak with an attorney who can go through all the reasons why you're... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Marriage-based green card application processing/timeline, as it relates to the recently announced executive order.

Because the Administration has announced that they intend to temporarily suspend immigration due to the COVID-19 pandemic, does that also include suspending the processing of marriage-based green cards? I understand that such an executive order has not yet been issued, and that if/when it is... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 21, 2020

As you said, it's not out yet. However, there's a post on Bloomberg about a leaked draft of it. See https://www.bloomberg.com/news/articles/2020-04-21/trump-says-he-ll-suspend-immigration-to-u-s-over-virus-concerns

If things continue as they are, the draft only concerns people who...
Read more »

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.