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Questions Answered by Robert Roy Klein
1 Answer | Asked in Immigration Law and Tax Law for Texas on
Q: Stimulus check for US Citizen KIDS living ABROAD with NON-U.S. PARENTS.

My wife and I are Mexican citizens living in Mexico. I have 4 children who were born in Texas. 21, 15, 10 and 2 years old. 22 years ago I worked in the USA with an H-1B visa when my oldest son was born. When my visa expired, I returned to live in Mexico and I only returned to the USA so that my... View More

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

The children under 16, no. The 21 year old, maybe. If he or she has a social security number (SSN), but has never filed any taxes, then he or she must fill out the non-filer form: https://www.irs.gov/coronavirus/economic-impact-payments

1 Answer | Asked in Immigration Law for Virginia on
Q: My friend new green card came in He's abroad but because of Covid-19 he can't come back now the extension expires in May

Will there be any problems re-entering the U.S.?

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

He'll need the green card that came in. Also, it depends on what country he's returning from. Some countries are blocked, while others will require a 2 week self-quarantine.

3 Answers | Asked in Criminal Law, Immigration Law and Personal Injury for Pennsylvania on
Q: Hi, i recently got assaulted by my ex's new man. Can a person with DACA sue that person? Can i get in trouble?

I have text messages of him getting upset that i was texting my ex. I wanted my shirt back of that she had and he was saying to stop texting her if not he can go about it another way. I texted him saying I'm not here to take her back or anything i just wanted to ask her a question about... View More

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

For your immigration question, do not worry about it. You're on DACA, so you're fine.

For your criminal question, please refer to Cary's answer.

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I have never left the country and I do have a ssn . By the way my wife is f2 .would it matter?
Robert Roy Klein
Robert Roy Klein
answered on Apr 13, 2020

Fill out that non-filer form and see what happens. It would not matter if your wife is F2.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: I am an American, my wife is Peruvian, she worked after the contract & visa expired. I-130 interview?

All the G-5 nanny's under the IDB Bank and their "families", were sent back to their countries, but we were married on 1/19/2019 & filed all the paperwork well before her contract expiration. Biometrics done, temp Real ID done, work permit issued, interview pending but she... View More

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

This isn't tax advice, and you should consult with a tax attorney or CPA for your tax questions.

For her interview, since you filed under, I'm guessing, an I-130 based on marriage, so it's an immediate relative petition. For these, the USCIS does not consider unauthorized...
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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Hello , I’m a f1 with 10 years .married with a USA son and never filed for taxes.Can we get the stimulus check?
Robert Roy Klein
Robert Roy Klein
answered on Apr 13, 2020

You're eligible if you pass the substantial presence test: you must be physically present in the United States (U.S.) on at least: 31 days during the current year, and 183 days during the 3-year period that includes the current year and the 2 years immediately before that. Also, you'll... View More

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Is it legal to get a Social Security Number before getting an Employment Authorization Document?

Hi! I am in America thanks to an L2 visa. My husband’s company hired a third party to help me get my Social Security Number. I got the card last week. I did not apply for an Employment Authorization Document. In fact, I am not sure I will do it.

My question is: is it ok to have an SSN... View More

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

You can have an SSN without an EAD. You just can't work until you get the EAD.

1 Answer | Asked in Immigration Law for California on
Q: Thank you, yes we have green card, if we apply for food stamps will make problem for sponsor(my uncle) or us?
Robert Roy Klein
Robert Roy Klein
answered on Apr 13, 2020

Getting food stamps with a green card is no problem if you wish to naturalize. The public charge rule does not apply to naturalization. There is no problem for you. However, your uncle signed on to be your sponsor. Your uncle would be required to repay for any public benefits you receive.

1 Answer | Asked in Immigration Law for California on
Q: For form i944 i donot have assets to show but i run online clothing business will USCIS will accept me ?
Robert Roy Klein
Robert Roy Klein
answered on Apr 12, 2020

Acceptance is discretionary by the officer who interviews you. You only need to show that you paid your taxes for the past 3 years by submitting tax transcripts for those years. You can also submit profit and loss statements from your business if it's successful to show you're capable of... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Do we need to file for H1B amendment before joining to the new client project or can we file it after joining ?

Hi, My h1b is approved and extended till 03/2022. My project just ended in dallas and the next new client project is in MO starting next week. My question: Do we need to file for H1B amendment before joining to the new client project or can we file it after joining the project? Also, I will be... View More

Robert Roy Klein
Robert Roy Klein
answered on Apr 12, 2020

Any location changes need to be made before changing locations. You'll need to file both an amended LCA and H1B. You can file the amended H1B then move to the new site without waiting for a decision. Further, working from home on an H1B with the original job location changing would also... View More

1 Answer | Asked in Immigration Law on
Q: Can i visit on a B1/B2 visa while my I-130 petition is pending?

I am not sure if visiting my wife after submitting out I-130 petition will impact the petition

Robert Roy Klein
Robert Roy Klein
answered on Apr 12, 2020

Yes, you can visit the US on a B1/B2 visa.

1 Answer | Asked in Immigration Law for Florida on
Q: Can i visit on a B1/B2 visa while my I-130 petition is pending?

My wife is a US citizen and i am from jamaica, our I-130 is pending and wondering if i can visit on my B1/B2 Visa. We are also considering adjusting of status given how long its taking if possible.

Robert Roy Klein
Robert Roy Klein
answered on Apr 12, 2020

Yes, you can visit the US on a B1/B2. Understand that the purpose of the visitor visa is a temporary visit to the US. They want you to have the intention of leaving the US once the visitor visa expires. Just keep that in mind when you visit.

1 Answer | Asked in Immigration Law for California on
Q: We came to the United States 4 years ago and we have sponser(my uncle),we don't have good financial situation right now

my uncle never support us from first day and we don't speak with he, actually he left us!

Can we apply for food stamps?

does this affect on US citizenship?

Robert Roy Klein
Robert Roy Klein
answered on Apr 12, 2020

For adjustment of status, yes. For citizenship, no.

If you're already a permanent resident and planning on becoming a US citizen, then no. USCIS does not consider public charge benefits for naturalization.

2 Answers | Asked in Immigration Law for Texas on
Q: Confused I-751 processing

I am mentally drained because their continues to be conflicting information in regards to the i-751 change of status. How much to actually chat with an immigration lawyer for 10-15 minutes I need facts please I do not wish to loose my son over conflicting information

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

You stated a 751 change of status. However, these are 2 different things.

If your son married a US citizen and has a conditional green card, he'll need to file the 751 to remove the conditions on his green card. If your son wants to change his nonimmigrant status (eg, F1) to another...
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2 Answers | Asked in Immigration Law on
Q: my i-130 case not got approval yet ,if i applied to study master in US, will they give me the visa easily ?
Robert Roy Klein
Robert Roy Klein
answered on Apr 9, 2020

If you're not already in the US, you can get an F1. If you're already in the US on legal status, you can study without it. An F1 visa requires an intention to leave the US once your studies are over. A pending 130 will make proving the necessary intent difficult. However, you can still get the F1.

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2 Answers | Asked in Immigration Law for New Jersey on
Q: What does USCIS mean by "your benefit request has been accepted and is under review"?

it had the date 3/3/20. My priority date is 7/3/19. Please can you explain the difference between the two dates.

I am confused please.

Robert Roy Klein
Robert Roy Klein
answered on Apr 7, 2020

The first questions means that USCIS accepted your petition and an officer is currently reviewing it. Next, the priority date is when your petition was received by USCIS. The other date is the day you were notified of the status update.

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1 Answer | Asked in Immigration Law on
Q: Cap Exempt petitions - Is premium processing available for H1B extensions when applying from outside USA.
Robert Roy Klein
Robert Roy Klein
answered on Apr 7, 2020

USCIS has suspended all premium processing, including for H1B cap exempt petitions. See https://www.uscis.gov/working-united-states/temporary-workers/uscis-announces-temporary-suspension-premium-processing-all-i-129-and-i-140-petitions-due-coronavirus-pandemic

You can file for a request to...
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3 Answers | Asked in Immigration Law for Colorado on
Q: I overstayed my tourist visa , been here for16 years,zero crime and want voluntary removal,can I just buy plane ticket

I want voluntary removal , never had any deportation warnings , overstayed my tourist visa . Can I just buy plane ticket and go or some long process?

Robert Roy Klein
Robert Roy Klein
answered on Apr 7, 2020

Yes, you can just leave. If you overstayed any longer than 1 year, you'll have a 10 year bar from being allowed to return, unless you file a waiver.

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2 Answers | Asked in Immigration Law for Colorado on
Q: I am a US citizen, my wife has her first green card. Can I apply for unemployment or will that effect our immigration?

She has her first green card but we have to reapply for the 10 year green card soon. I was furloughed and want to apply for unemployment but I am not sure if that will effect the immigration interview we will have to do in about a year.

Robert Roy Klein
Robert Roy Klein
answered on Apr 7, 2020

Unemployment insurance benefits is not considered under the Public Charge rule. Further, public benefits received by a US citizen is also not considered.

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2 Answers | Asked in Immigration Law for Illinois on
Q: My L1A visa will expire in June 2020. Assuming COVID restrictions continue- will I get a temporary extension?

EB1 I-140 approved, but waiting for PD(India)

Robert Roy Klein
Robert Roy Klein
answered on Apr 7, 2020

You will not automatically get an extension. You still must file the extension and have it be received by USCIS before the expiration date. USCIS is still processing petitions.

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