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3 Answers | Asked in DUI / DWI and Constitutional Law for Illinois on
Q: Can a judge stop DA FROM Dropping MY CASE ON MARCH 5 STATE SAID THEY DONT HAVE NO CASE Said they GOING DISMISS MY CASE

Judge stop DA FROM DROPPING MY CASE SAID NO AND ASSIGNED ANOTHER DA CAUSE HE'S PREJUDICE

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 25, 2024

No.

A presiding judge rules on the motions, evidence and merits, he does not “dismiss” a case. The judge may find a defendant not guilty (acquitted), but an outright case dismissal lies within the prosecution agency (either a district attorney’s office or state attorney’s office,...
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2 Answers | Asked in Domestic Violence, Family Law and Immigration Law for Arizona on
Q: So how can I get my husband out of ice custody for removal he was deported once on domestic charge and then came back in

The us married a us citizen but then gets a warrant for not going to court to now he’s got a removal date what can I do

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 5, 2024

Your spouse faces an uphill removal proceedings battle:

1. He was deemed removable prior based on his criminal conviction of domestic battery

2. He re entered the United States which constituted another criminal infraction based on his procedural history,

3. While in the...
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3 Answers | Asked in Immigration Law for Colorado on
Q: Im married with a US Citizen what i need to fix my legal status?

I tried to have the TPS by myself not from my wife, but they denied the TPS form i just do, so now I'm trying to find an option to fix my legal status but I Don't know how to do it, because i don't have a job and my wife is the only one working right now, I'm just waiting for... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 3, 2024

You may adjust to a lawful status of a U.S. Permanent Resident by preparing and filing a one stop concurrent filing of all necessary documents with bona fides. The best route is to select and consult with an experienced immigration counsel directly to receive information and make an informed... View More

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3 Answers | Asked in Civil Rights, Gov & Administrative Law and Immigration Law for California on
Q: Is preserving some form of anonymity possible when filing a pro se civil case against government?

Assuming I am considering to file mandamus/APA case against government is there a way to keep my anonymity, so online searching does not bring up my name in the following two cases? (as far as I know a proper way of keeping my anonymity requires a specific application and I think they don't... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 6, 2024

It would be difficult to preserve the identity of a prospective plaintiff filing under John Doe unless permitted by the judge.

I have not seen a single mandamus with a caption of John Doe.

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2 Answers | Asked in Immigration Law for Maine on
Q: Hey good Morning i wanna aks about VISA from Sweden

i'm living in sweden i have work permit here in sweden but i want to move italy and i want to assylum in italy because the italy is better from sweden

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 16, 2024

You need to find an immigration attorney based in Italy who is licensed to practice law there as American attorneys cannot advise you accurately on that country’s immigration laws.

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2 Answers | Asked in Immigration Law for California on
Q: Russian consulate won’t allow me to renounce my Russian citizenship. Is there anything I can do?

I received russian citizenship not by choice. I Filed to renounce russian citizenship but application was denied by Russian consulate. I cannot have dual citizenship for a certain federal job

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 8, 2024

More facts are needed to analyze your personal circumstances accurately. Find a counsel if your choice to discuss your matter confidently,

No one could provide a lucid answer based on prior scanty paragraph.

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2 Answers | Asked in Immigration Law on
Q: If someone's I-485 application was previously rejected, can they still apply for a B2 visa? Thanks.
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 7, 2024

Yes, a foreign national may apply not a B-2 visitor’s visa, but prior procedural history may result in a denial without e.

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3 Answers | Asked in Immigration Law for Illinois on
Q: Do I have to mention about my speeding ticket (that has been cleared from record) on my oath ceremony form?

Due to change of address my oath ceremony got rescheduled after 15 months.

During this time I had my first speeding ticket ever that I presented in court for and judge cleared it for me after paying my fine.

On oath ceremony day I have to fill a form that I’ve been provided,... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 17, 2024

“Cited” means one was issued a traffic citation, this the response should be “yes” with the court case disposition how that traffic citation was adjudicated upon paying a fine.

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2 Answers | Asked in Immigration Law for California on
Q: Is renunciation of US citizenship considered "immigration proceedings" on the I-130 form?

I am petitioning for my mom for a green card. She renounced her US citizenship in 1992 but is applying for a green card now. I don't know if renunciation if considered "immigration proceedings". The question on the I-130 is "Was the beneficiary EVER in immigration proceedings?"

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 8, 2024

Anyone who renounced one’s prior US citizenship will be denied for obvious reasons for US permanent residency.

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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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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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1 Answer | Asked in Criminal Law and Immigration Law for Colorado on
Q: Can a person get deported if they have there green card and the person was charged with shoplifting about $20

of merchandise at Walmart. They were offered a $75 fine a class and 12 month open case without getting in any type of trouble then the case will close. If they do this can they still get deported?

If a case gets closed and a person only has to pay a fine and do a class does that also... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jul 25, 2023

Technically, yes, as even that may require a plea of guilty to a CIMT (a Crime of Moral Turpitude). It is imperative to retain a local defense counsel to handle that case properly.

1 Answer | Asked in Immigration Law on
Q: My soon to be ex and his new girlfriend are threatening to report me for a fraudulent marriage. Should I be worried?

We were married for just over a year and never filed any immigration paperwork of any kind. No visas were applied for, no immigration file was opened. I’m Canadian and was spending the maximum number of days I was allowed to in the US. I have never exceeded my stay or done anything wrong. I keep... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jun 23, 2023

Even a frivolous report of marriage fraud may result in a lifetime ban on any immigration benefits in the future. I recommend discussing your legal options with a counsel of your choice.

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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2 Answers | Asked in Immigration Law for California on
Q: I had a question regarding the impact of moving while applying for us residency.

I’m currently in the process of accepting a job but they are pushing for me to relocate to a different state. I told them that I’m currently applying for U.S Residency and that it would be best to stay in my current state since I might be asked for fingerprints or more evidence and it just... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Apr 18, 2023

This is a complex question that requires a confidential consultation, but even generally there is a way to accept that professional opportunity without impacting your pending immigration matter.

You may reach out to us to schedule a consultation with you on that issue if you so desire.

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2 Answers | Asked in Immigration Law for California on
Q: Travelling outside of the US on Green Card as a foreign airline crew?

Good day,

Very specific question here, I am going to receive my green card visa shortly.

I work for the foreign airline based in the Middle East and have travelled to the US every month (at least once) on C1 crew visa.

I understand my crew visa will become invalid once I... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Mar 10, 2023

Your Lawful Permanent Residency status requires you to reside in the US permanently and not to work abroad. Eventually your status will be in jeopardy if you continue to do what you are doing at present.

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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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