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Questions Answered by Robert Roy Klein
1 Answer | Asked in Immigration Law on
Q: What is the difference between the priority date and Date for Filing Application?

I am confused about the difference between the priority date and date for filing an application on the visa bulletin. Does the "Date for Filing Application" mean that I cannot submit an I-485 until the date on the bulletin, or does it mean that if I submit now this is the predicted... View More

Robert Roy Klein
Robert Roy Klein
answered on Apr 5, 2020

Depends on what visa you are filing. In the Family F2A category, you would use the Final Action Date. Other family categories will use the Date for Filing. Employment based visas use the Final Action Date. This is found on USCIS's website here: https://www.uscis.gov/visabulletininfo

If...
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2 Answers | Asked in Criminal Law, Divorce, Immigration Law and Domestic Violence for Texas on
Q: can some one B1 or B2 visa with domestic violence get a immigration or get green card ?

this person also went to jail for his action. he hit and grab his wife on he road and some people saw that and call the police for that.

the witness did give them a statement against him as well

wife also pregnant an surviving in mantle torture

this thing happened like 3... View More

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

Depends if he was convicted, and on what crime he was convicted. There are many levels of DV. Also, the officer might want to know what happened. You say the case was dismissed from the court, so it depends on what you mean by this. If the person was never actually convicted, then this... View More

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1 Answer | Asked in Immigration Law for New Jersey on
Q: As an L2 EAD holder with a legal job in America, what is the path to permanent residence?

Hello,

I would like to know what my options for the green card are regarding my status (L2 EAD holder, currently working as an Operations Specialist for a pharmaceutical company). I was told the best path is to have my company sponsor my convertion to H1B visa so that I am not an L1... View More

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

L2 to green card path: EB2 or EB3. Both require an employer to sponsor you. I don't know what you do, so you might qualify for an EB2 with a National Interest Waiver. This would waive the need for a job offer or sponsor.

EB visas are subject to a cap. You can view the visa bulletin...
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1 Answer | Asked in Immigration Law on
Q: I have i-130 case not got approval yet ,if i applied tourist visa to see husband in us will that affect my i-130 ?

My husband in us and i want to see him will the counselor give me visa while my i-130 is pending ????

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

It will not affect your 130. Getting the visitor visa will be more difficult. The purpose of the visitor visa is to visit the US then leave, so you must show intent to leave after it’s over.

1 Answer | Asked in Immigration Law for New Jersey on
Q: does obtaining a Medicaid card prevent American citizenship?
Robert Roy Klein
Robert Roy Klein
answered on Apr 4, 2020

No, the public charge rule does not affect naturalization, unless you’ve left the US and stayed out for 180 days consecutively.

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: If I Receive unemployment benefits on Green card, does this affect on my US citizenship or naturalization approval?

I have got Green Card in 2017. Last month I lost my job due to Covid-19 lock down and want to apply for the unemployment benefits. Am I eligible for applying CA state unemployment benefits?

I am going to apply for US citizenship in 2022. Will these factors affect our becoming the US... View More

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

Unemployment benefits are not considered under the public charge rule. Further, the public charge rule doesn't apply to naturalization. It will only apply if you travel outside the US for 180 consecutive days and return.

1 Answer | Asked in Immigration Law for New York on
Q: will a DUI affect my immigration status change

so am looking to change my immigration status but I was recently convicted of a DUI misdemeanor will it affect my application

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

It depends on the circumstances and the officer, like if there was a child in the car, how drunk you were, what happened when you were driving. 1 DUI shouldn't be a problem if it was just you and no one was hurt. You'll need to show that you're cooperating with the court by paying... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I was wondering if it was possible to obtain an extended visa while pursuing a master’s degree in a fully online program

I was wondering if this was possible while also working in the field of the degree one was pursuing.

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

I'm unsure what you mean by extended visa. What is your current status? If it's an F1, you can pursue a work visa, such as an EB visa or a nonimmigrant visa, such as a H1B, O1, L1, etc. If all you have is a bachelor, you probably don't qualify for an O1. The H1B lottery is already... View More

2 Answers | Asked in Immigration Law for California on
Q: Does the Public Charge test affect those seeking COVID-19 screening, testing, and treatment? If so, how?

Hello, my name is Citlaly Santos and I work for CenCal Health, which is a California local health plan that administers benefits to Medicaid recipients living in Santa Barbara and San Luis Obispo Counties. We are receiving questions from people who are worried about seeking COVID-19 related... View More

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

Take a look here: https://www.uscis.gov/greencard/public-charge

At the top in the gray box is about Covid-19. It says "Such treatment or preventive services will not negatively affect any alien as part of a future Public Charge analysis" and further "The Public Charge rule...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: I got my work authorization card from U visa, my husband is the principal and don’t get his work authorization, why?

my husband was a victim from crime in 2015, we applied for U visa and our lawyer applied for I-765 just for me, she said bc my husband was the victim the I-918 should be enough and he will get the work authorization Automatically, and now I got my c14 for 2 years and doesn’t, bc he didn’t get... View More

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

A person will automatically get an EAD when the 918 is approved. It does not automatically issue when the petition was merely filed.

Next, the processing time is 5-7 months. It may be longer during the current situation.

Finally, you can't file more forms to get a longer...
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1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for New Jersey on
Q: My cousin went to jail and his charges are 2c39-4d, 2c39-5d, 2c5-1.A1 and 2c-11-3a(1) class1D

My question is: how long he can stay in jail bc of those charges?

Does he have any chance to be free If he pays a bond? How much can be a bond for those charges?

How much should be a good lawyer to defend him?

He is an illegal immigrant, can he be deported?

Thank you

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

Just answering the immigration question. It depends on a lot of what happened and what comes out in the court proceedings. It's likely your cousin will serve time and then be deported.

1 Answer | Asked in Immigration Law for Washington on
Q: Am I eligible for a green card?

Hello,

My name is Mohammed and I have a few questions regarding my eligibility for a green card. I just finished the university and got my degree. I have an F1 student visa and a OPT permit as well. What are my options that I have for a green card? I would really want one for more job... View More

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

For a green card, there are some options:

1) you could get married to a US citizen

2) an EB visa. There are EB1 (A, B, C), EB2, EB2 with a National Interest Waiver, EB3. If you just graduated with a bachelor degree, then an EB3 would fit. For a Master's degree, an EB2...
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1 Answer | Asked in Immigration Law for Georgia on
Q: Is getting unemployment checks for 2 months disqualify a petitioner for filing AOS or have bad effects on case.

My wife filed petition for her parents and now we are working on affidavit of support but she is out of work because of coronavirus and she will be getting unemployment checks up until her daycare reopen so my question is would it disqualify her for filing affidavit of support because of getting... View More

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

I recommend holding off on filing the affidavit until after the daycare reopens.

1 Answer | Asked in Immigration Law for Indiana on
Q: Can someone get in trouble for telling another individual that they only want to marry someone to become legal
Robert Roy Klein
Robert Roy Klein
answered on Apr 3, 2020

If all the person does it tell someone they want to marry another to become legal, then no, unless that other person talks. Marrying someone merely to become legal is against immigration law.

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