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Questions Answered by Alexander Ivakhnenko
2 Answers | Asked in Immigration Law for Illinois on
Q: Green Card

Good day. My husband and I flew to the USA on 12/01/2022 by u4u, the children arrived on 07/07/2023 also by u4u, can we submit the I-485 form to receive a Green Card or apply for the lottery on the official website? Thank you.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 11, 2023

The U4U humanitarian program announced by the USCIS is a temporary response by the current Administration to address a humanitarian crisis in Europe. However, that program does not have any statutory remit to seek adjustment of status to permanent residence in the United States absent of necessary... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: Apply for citizenship

If you have been convicted of a theft felony paid restitution and changed it to misdemeanor can you get us citizenship? To be exact it was embezellement no violence but I paid everything back

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 26, 2023

A felony conviction with elements of fraud, still triggers, an analysis for the crime of moral turpitude, therefore a person may be in eligible for naturalization if that crime happened within the past five years. Also, a person may be permanently in eligible, and then admissible with that... View More

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2 Answers | Asked in Immigration Law on
Q: I am outside us with green card for 18 months can i maintain my permanent resident status certificate of naturalization

Can i maintain my permanent resident status certificate of naturalization/ citizenship if I am green card abroad for 18 months

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on May 31, 2023

Any absence abroad for US permanent resident over a year, 12 months, will render one’s permanent status void and abandoned absent any applicable exceptions. Thus, by operation of law, US permanent resident must reside in the United States permanently.

Out of abundance of precaution,...
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3 Answers | Asked in Immigration Law for California on
Q: I am an Asylee as of March 2022. I would like to go visit my family and stay for a month or less.

I came to the U.S. on F1 visa initially. In 2022, I applied for and received asylum due to my perceived sexual orientation. However, I am finishing college soon and I really am by myself here. I miss my family so much and my family would do no harm to me because they love me immensely. However, in... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on May 12, 2023

I do not recommend traveling to the country of persecution at any time until you become a US citizen for one simple reason because any travel to the country of persecution as in the Saili or US permanent resident will render that status invalid. You may travel to another country to meet your family... View More

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4 Answers | Asked in Immigration Law for Florida on
Q: Can my cousin have a free immigration lawyer?

My cousin is at Broward detention center (Immigration center) He's been illegal here for 22 years, no wife, no kids. He has a brother who's a Resident ( who had medical problems, and a lot of medical bills ) and a niece who's a citizen. He never filled his taxes ( maybe just a couple... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Mar 7, 2023

He is not eligible to have a free legal counsel as that only attaches to criminal cases not administrative immigration proceedings.

He must retain a local immigration counsel without any delay as his future will be permanently affected by removal proceedings.

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3 Answers | Asked in Immigration Law on
Q: What kind of visa should I apply for my husband ?

I am a green card holder staying abroad in the meantime and would like to petition my husband to live in states with me. And just found out I’m 3 weeks pregnant.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Mar 7, 2023

Any US Permanent Resident MUST reside in the U.S. PERMANENTLY and MUST maintain a domicile (a permanent residence). If you stay abroad for over one year your LPR status will be deemed abandoned. Even if you stay abroad for longer than half a year at one time and create a pattern of staying abroad... View More

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2 Answers | Asked in Immigration Law on
Q: Does America recognize online virtual marriage? if so what are the steps?

I am a Yemeni citizen residing as a tourist in Egypt, and my American fiancée is currently in the United States, because we cannot get married in Egypt because we both do not have actual residence according to Egyptian laws, and we cannot get married in Yemen because of the current situation. I... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 13, 2023

The U.S. does not regard online proxy marriages as valid or legitimate. If you read it is a valid marriage, then it is a scam. Your US fiancee may file for a K-1 Fiancee visa for you to come to the United States to marry within 90 days of your admission.

That is the right, proper and...
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2 Answers | Asked in Immigration Law for Texas on
Q: If i was approved EAD Employment Authorization Document, while Green Card is pending. Can i Travel to McAllen, TX?

I have an open Green Card Case, and have EAD, and Texas ID. But im worried since there is an immigration checkpoint on the way back from McAllen to San Antonio, Texas. I wont cross the border to Mexico, but since there are checkpoints within Texas, i worry they might say something. I Do not have... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 13, 2023

You need to understand several applicable issues clear:

1. EAD in your possession is not a travel document or its substitute, therefore, you may not travel abroad and expect to be admitted to the United States. If you make a mistake and cross the border to Mexico, you will have issues for...
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2 Answers | Asked in Immigration Law for Florida on
Q: I am the petitioner for my Dad to come to the US. Does he really need to bring my marriage certificate to his interview?

Also, does he need to bring his other children birth certificates to the interview even though they are all adults and won't be joining him? All the documents we uploaded were approved and he is currently waiting on an interview date.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 17, 2023

Yes.

You must bring copies of the original documents, if originals are not available and list all siblings regardless of their age on his application. Do not omit any requested information otherwise the application may be denied ir delayed.

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1 Answer | Asked in Immigration Law for California on
Q: Does it make sense to expedite the I130?

I am a US Citizen applying for my wife's I130 for the spouse green card. We are in Belarus and we are considering expediting the case given the situation here in Belarus. Thoughts?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 19, 2022

There is no designated method to expedite one’s pending I-130, however, this case requires an immediate legal consultation with an experienced immigration attorney to suggest the most optimal course of action as the situation is fluid and may disintegrate further, thus changing the initial fact... View More

1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Federal Crimes for Illinois on
Q: I got a car n put n kids name n umdrive under her cuz I'm revoked. I paid 4 this car n she got mad at me n reported it s

Stolen. Im disabled n won't survive prison. She also put a op on me. She's extorting me I was told n is becoming extremely ruthless she even admits the car is mine n had til Jan 5 to get it out of her nane

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 14, 2022

You clearly need an attorney to handle your criminal cases, especially given the circumstances, as you stated yourself you are facing with a possibility of imprisonment.

Also, it you cannot afford an attorney ask the judge to appoint a Public Defender to represent you at no charge if...
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2 Answers | Asked in Criminal Law, Legal Malpractice and Small Claims for Illinois on
Q: Can i sue or file a complaint against this county

Recently i took a plea for a criminal case and received the final disposition now my license and other things have been suspended due to this case that wasn’t involved in the disposition my license is my way of working and the courts new this

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 13, 2022

There is no case against the county. The court protocol of accepting a guilty plea is to place that plea on the record with a clear explanation of its terms, conditions and collateral effects on one's life. Also, that plea is given "freely and voluntarily," with all understanding on... View More

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1 Answer | Asked in Immigration Law for Arizona on
Q: Best way for Russian to seek asylum in America

My girlfriend is Russian and recently left Russia and is now staying in the country of Georgia. She left to keep her 17 year old son (he turns 18 in April, 2023) from being forced into the Russian military and war. She has communicated with people who have gone to Mexico and crossed the San... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 12, 2022

The most legally appropriate method would be discussing all critical issues confidentially, fully and clearly with an experienced immigration attorney familiar with Russia, its political situation, asylum law and family-based adjustment of status.

It is imperative to receive a legally...
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1 Answer | Asked in Immigration Law on
Q: I previously had i140 approved but I do not live in US. How can I visit US temporarily for tourism/temporary business?

I am an Indian citizen currently residing in Vancouver, BC on a work visa. I am trying to apply for a b1/b2 visa to US and need help with a question as noted below:

1) I relocated to the US is 2016 on L2 visa with my husband who came to the US on L1 visa. I then switched to H1-B in 2021 and... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 12, 2022

That visitor's visa issue will be discretionary as you will be required to show a temporary nature of your B-2 visit to the U.S. Consular Section by the preponderancy of the evidence since the U.S. officials are aware of your immigrant intent within the U.S. Government database. Thus, could go... View More

2 Answers | Asked in Immigration Law for California on
Q: Approval Case Decision Rendered On December 5, 2022, we approved your Form N600 ? What is rendered mean?

Approval Case Decision Rendered

On December 5, 2022, we approved your Form N-600, Application for Certificate of Citizenship, Receipt Number

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 12, 2022

In simple terms the word "render means "to provide service, give, make, cause something to happen". Thus, the referenced case has been approved and the document should be expected at the address listed in that initial N-600 application.

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3 Answers | Asked in Immigration Law for Illinois on
Q: I have a tourist visa, if I come to work with my name and information but with false insurance, can the government find

I want to work to cover the expenses since my son is a citizen and is studying in the USA, I looked for a way to get a work visa but I couldn't.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 20, 2022

What you are planning is called visa fraud. I will explain:

1. When you applied for a visitor's B-2 visa its content specifically mentioned to state purposes of the trip truthfully. When you submitted the information at the end of that federal visa application there was a proviso for...
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2 Answers | Asked in Immigration Law for Maryland on
Q: She applied for asylum when she were single, so when got married they gave her an Interview for asylum but suddenly…

They denied her application and send her to court for removal or approval so now we are married and have one child together and I’m à Us citizen, what can we do to adjust her status and avoid the court date because it will be In August next year ..

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 8, 2022

First things first:

1. they (the U.S. Asylum Office) did not not deny her application. The application was REFERRED to the respective U.S. federal immigration court,

2. Any changes in the marital or adjustment of status eligibility situations must be amended to the present pending...
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1 Answer | Asked in Immigration Law for Georgia on
Q: I am a Russian citizen with green card. I’m being mobilized to Russian army. Will I be able to come back to the states?

I am a permanent resident of the US. Currently I am being mobilized to Russian army based on new mobilization laws. If I don’t go there, I’ll be facing 10 years in prison. All my family lives there and I visit them every year. If I don’t go to this mobilization, then I will never be able to... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 8, 2022

Your Lawful Permanent Status will be jeopardized if you will be absent for longer than 181 days from the United States. If you stay abroad for over one year in Russia your LPR status will deemed abandoned and you will be denied entry.

There is a legal caveat: if you are not served the draft...
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1 Answer | Asked in Contracts and Immigration Law for Illinois on
Q: Have a legal signed contract with someone who got deported. Is it still valid?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 25, 2022

The contract validity is not at issue, even if that contract is valid, the contract party is not within the legal jurisdiction and that the contract’s performance could not be enforced, unless the party has its agent, assets or property for a judgment.

3 Answers | Asked in Immigration Law for Texas on
Q: CAN I FILE 485 DIRECTLY AFTER FILING 130? PARENTS ARE ALREADY HERE IN USA
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 16, 2023

I recommend making a total concurrent filing with requisite evidence to avoid time delays omissions and mistakes with adjustment of status. You will be wise to discuss your filing with a licensed Immigration Attorney of your choice before filing.

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