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Questions Answered by Robert Roy Klein
1 Answer | Asked in Gov & Administrative Law, Public Benefits and Immigration Law for Texas on
Q: Is there any issue with permanent residents accepting government aid?

If a permanent resident accept FAFSA gift aid, is there any possibility the government will inquire it back? For example if the government gifted me $4000 could they charge it back?

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

Permanent residents may receive FAFSA. There might be other reasons that they might want you to pay it back, like for fraud. As for you being a permanent resident, it won't have any effect on citizenship.

2 Answers | Asked in Immigration Law for California on
Q: Switch from L1 (Blanket) Visa to Green Card/Permanent Resident and then on to Citizen

This question was answered before, but I was missing some details. I have included more details:

My longterm Argentinian partner (8 years) has a L1 (Blanket) visa. We are looking at seeing if we can change her status from a L1 Visa to Permanent Resident/Green card with hopes of one day... View More

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

As the Myron said, marriage is the quickest. The other option would be an EB-1C. Both don't seem to be problematic. Please speak with an attorney to help with either or both.

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2 Answers | Asked in Immigration Law for Texas on
Q: Filled i751 in 2013 transfered local office 2018 and now another office ? Help please

Filled i751 in 2013. And status has changed to waiver in 2016. Then case status changed to "transfered local office" feb.2018

Now April 2020 says that transfered to the another office. Does anyone know what is that mean ?

Thanks

Robert Roy Klein
Robert Roy Klein
answered on Apr 20, 2020

This definitely should not have taken 7 years. Call USCIS or file a case inquiry on their website. It's well outside of case processing times.

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2 Answers | Asked in Immigration Law and Criminal Law for Texas on
Q: Family Violence assault by contact misdemeanor C, issued citation - deportable offense for permanent resident?

The incident occurred between former spouses. The offender is a permanent resident since 2014.

Robert Roy Klein
Robert Roy Klein
answered on Apr 20, 2020

It depends. It would be up to the officer who receives any referral. It would have to be severe enough to revoke LPR status. Also, because the person is an LPR, the person would receive a notice to appear and notice of hearing to go to court to argue in court whether they should have their LPR... View More

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1 Answer | Asked in Immigration Law for South Carolina on
Q: Do we need to declare Unemployment Benefits in I944? What category it belongs to in the form , Page 8- Question 16?

Do we need to declare Unemployment Benefits in filling out I-944? If Yes, is it a General assistance or Any Federal, State, tribal cash assistance for income maintenance ? The question is in I944 page 8 question #16.

Thank you for anyone who can help me.

Robert Roy Klein
Robert Roy Klein
answered on Apr 20, 2020

Unemployment is not considered under the public charge rule, so do not list it under the public benefits section of the 944.

Question 6, on page 4, is where you'll add any extra income. I would recommend adding it since it won't go against you. Also, at least in CA, it's...
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1 Answer | Asked in Immigration Law on
Q: My priority date : 11/10/2019 I-130 petitioning wife Green card holder California service center When is approval

Our receipt number is : IOE receipt number

When do you think we will got approval ?

Robert Roy Klein
Robert Roy Klein
answered on Apr 19, 2020

You can check processing times here: https://egov.uscis.gov/processing-times/

For CA for a 130, the processing time is 8 Months to 10.5 Months. However, right now, the times are different, so it might take a little longer.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: On question 19 of N400 does weapons training include being shown how to use one at a indoor firing range?
Robert Roy Klein
Robert Roy Klein
answered on Apr 19, 2020

This is more like some class or official training, like in the military or armed security guard. Just taking a lesson on how to use one is not what the question is asking.

2 Answers | Asked in Immigration Law for South Carolina on
Q: Is Unemployment Insurance Benefit Due to laid off Covid 19 a public charge? I am in J1 visa applying for a citizenship

I'm in J1 visa and my 30 days grace period will be done in April 25.Got married to a US citizen and filed I130 and I485 concurrently, got rejected twice. Improper filling and I wasn't able to attach i994. On March 15 I got laid off in Marriott where I am having my internship (Which my... View More

Robert Roy Klein
Robert Roy Klein
answered on Apr 19, 2020

Unemployment is not considered under the public charge rule.

You should get a lawyer to help with your AOS since it got more complicated with form i-944.

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2 Answers | Asked in Immigration Law for Florida on
Q: Under EB2visa my three dependent must present I944 and I864? or is just one I944 for all? and one I864 for each of them?

I am applying under the category of EB 2 NIW I understand that I must submit the i944 but I am not sure if is for my hole family or one per person. I have as dependent my wife and my two daughters, the same happen with the I 864. It is one for each of them. So is one 944 for each of us and one I864... View More

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

The 944 is for the petitioner for the 485, which I'm guessing is you. Your family will be listed on it, but you only need 1 944. For the 864, you'll need it and if you need a joint sponsor if your salary is not enough. So, 1 for you, and 1 for a joint sponsor if needed. I strongly... View More

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1 Answer | Asked in Immigration Law for California on
Q: Regarding overstaying abroad as a permanent resident with approved n400

Hello, I am Permanent US resident, in California. My n400 was approved in February and my oath ceremony was rescheduled month ago due to corona situation. However, I am In Europe on lockdown ( and on June 1st it will be 6 months of absence form the States). I know about 6 and 1 year rule absence,... View More

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

Things are very fluid right now, so it's unclear how the state department will take the inability to travel into account when residents begin returning after being stuck out of the US. Under normal circumstances, there is an option called the returning resident visa (SB-1) that you can look into.

2 Answers | Asked in Immigration Law for New York on
Q: I quit the job on last December & I want apply for unemployment, it affect my application for citizenship?

I came to us by immigration lottery, and I applied for citizenship last October and I paid the fee and I quitted my job last December, on last February they sent me letter for interview but they canceled because coronavirus now I want apply for unemployment, it affect my application for citizenship?

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

Unemployment is not considered under the public charge rule nor does it affect naturalization.

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1 Answer | Asked in Immigration Law for Texas on
Q: My son is a US citizen and has autism. Can I apply for the green card because I don’t want him back to my country?

I came in the US with a tourist visa, and my 3 years old son was born in New York. We went back home in Africa but had to take him back because of his autism. There’s no specialized center nor well trained people where I am from. Is there a way to adjust my status because of my son’s concern?

Robert Roy Klein
Robert Roy Klein
answered on Apr 16, 2020

Try to find an employer who will sponsor you either for an H1B or even an EB, or you can marry a US citizen. It also depends on what your qualifications or experience is. Speak with a lawyer who can go through all of your options because this is a very broad question. Good luck.

1 Answer | Asked in Immigration Law and Tax Law for New York on
Q: Im I eligible for Stimulus Check if I'm a US Citizen & file taxes with my husband who is a nonresident alien but has SSN

I filed 2018 and 2019 taxes with my spouse and we currently make less than $150,000

Robert Roy Klein
Robert Roy Klein
answered on Apr 16, 2020

Not sure your question, but you should be eligible. For your husband, it depends on whether he remained in the US for over 183 days. Along with the SSN, he'll be considered a resident alien for tax purposes. If so, he'll be eligible as well.

1 Answer | Asked in Health Care Law and Immigration Law for New Jersey on
Q: As an unemployedresident if i apply for medicaid or health aid will i become a public charge

In newjersey new resident of newjersey formerly north carolina

Robert Roy Klein
Robert Roy Klein
answered on Apr 15, 2020

Most forms of Medicaid is considered under the public charge rule, if it's federally funded.. See https://www.uscis.gov/greencard/public-charge. I'm unsure how the medicaid system in NJ works.

However, if it's for less than 12 months, then it's not considered. Be aware...
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2 Answers | Asked in Immigration Law for New Jersey on
Q: If i am a resident will applying for the stimulus cheque affect my application for citizenship in the future

Ie will i become a public charge and my application to citizenship will be jeprodized

Robert Roy Klein
Robert Roy Klein
answered on Apr 15, 2020

No, the public charge rule or a stimulus check will not affect your naturalization application. It does not apply to LPRs nor to anyone naturalizing.

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1 Answer | Asked in Immigration Law for Arizona on
Q: Is working as an exotic dancer illegal without an work authorization but i am currently married?

If yes, then why would the city of Phoenix grant the exoctic dancer license with only marriage certificate and K Visa?

Robert Roy Klein
Robert Roy Klein
answered on Apr 15, 2020

Yes, it's illegal to work any job without authorization.

1 Answer | Asked in Immigration Law on
Q: How can I obtain a visa to care for my sick 12 year old who has cancer ? She is staying with my sister .What type ?

My 12 year old daughter who is a us citizen was recently diagnosed with cancer a month ago . she has been living with my sister in New York for 3 months now and before that she was living with me in Jamaica . now I am living in Jamaica I came back here eight years ago after I overstayed my Visa I... View More

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

I'm sorry to hear about your child. Apply for a visitor visa. If that's not available to you for some reason or it's taking far too long, then humanitarian parole might get you in. However, both of these are temporary. You can try to find an employer who can sponsor an H1B or even an... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Unable to return to US and my re-entry permit (I-131) is expiring. Is there a way to extend its validity period?

I'm a green card holder and I am currently outside of the US with a travel document (I-131) issued by USCIS that provides me a re-rentry permit. This document expires after September 30th. Ordinarily, I had been admitted for graduate education and assistantship to a university for Fall 2020... View More

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

Just use your green card to enter the US. Allowing you to return after 1 year with a green card is discretionary, and under the current situation, the CBP officer should understand that you couldn't come back sooner. You can also file for a returning resident visa (SB-1) at the US consulate or... View More

2 Answers | Asked in Immigration Law for California on
Q: I am on B1/B2 visa and in US. I wanted to apply for F2, wife on Stem OPT. Do i have to go back to India for F2 interview

Hello,

I am currently on B1/B2 Visa and my wife is on F1 visa. If anyone can help me with information about F2 Visa. I am currently in the US, Can i apply for F2 in US ? Or do i need to visit India and Apply for F2 from there ? A lawyer suggested us to apply for my F2 with my wife’s STEM... View More

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

It can be done in the US through a change of status.

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1 Answer | Asked in Immigration Law for New York on
Q: As a student on F1 visa, can we volunteer to help w/ COVID, such as emails?

For example, writing emails asking for mask donations on behalf of student-organizations. The student-organization is non-profit, there's no money.

I want to make sure this is okay as volunteering, as I am an F1 as a medical student.

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

It sounds fine from what you wrote. The DOL looks to the following to determine whether you're actually volunteering.

Is the entity that will benefit/receive services from the volunteer a nonprofit organization?

Is the activity less than a full-time occupation?

Are the...
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