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Questions Answered by Alexander Ivakhnenko
3 Answers | Asked in Immigration Law for Georgia on
Q: Filing form I-485 separately after I-130 was filed online.

I am a U.S. citizen applying for Green Card for my mother. She is currently on a B2 Visa admitted until 11/23/2021 per her I-94 record number. I filed I-130 online on July 27, 2021 and received confirmation of receipt from Potomac Service Center. They are currently processing June 04, 2020 I-130... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 18, 2021

You did things incorrectly.

You should have prepared a One Stop concurrent AOS to LPR package instead of filing a standalone I-130.

Immediately seek a legal consultation as you may damage your mother's case even more.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Hi I have a felony criminal case and have an attorney. However my attorney is not calling me back

I had final pretrial sept 14th before jury trial because I am innocent and he never attended now there is a body only warrant and court on the 28th for bond forfeit and the states attorney is moving to have jury trial removed from docit and I cant get ahold of attorney what do I do I have paid him... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 18, 2021

It is unfortunate that you are in this predicament. You may research, compare, and contact reach a selected counsel of your choice and retain a more responsive and professional counsel. In fact, you may file the prior counsel and request a retainer back for unearned services.

After all,...
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1 Answer | Asked in Criminal Law for Illinois on
Q: If someone sells me a link card and I use it and it's someone else's wat can I be charged with
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 18, 2021

Let's see:

Bank fraud, state unemployment insurance fraud, wire fraud, false identity fraud, perjury, theft of services are possible criminal charges under certain conditions.

3 Answers | Asked in Immigration Law for Virginia on
Q: Can I file I-130 after my parents already filed I-485 under EB-1 visa?

My parents applied I-485 under EB-1 and still waiting for the result, which has been taking quite long. I am a US citizen and I am over 21. Can I file I-130 for them now to sponsor them at the same time? Will it be a conflict with the I-485 they already filed? I want to see if I can get them the... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 18, 2021

There are better legal strategies available, such as petitioning for foreign national immediate family members if a USC is over the age of 21.

It always pays to pay a good attorney.

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3 Answers | Asked in Immigration Law for California on
Q: Is there a way to change a last name on tps approval notice
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 16, 2021

No.

You may legally change your name by filing a petition with local civil court provided you meet the resident and other court imposed requirements for that name change pursuant to the local rules of civil procedure.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Is there any criminal attorneys that work for pro bono?

My son Ryan has been locked up at Rock Island county since January 1st and he's had three court appointed attorneys due to conflicts I guess he is charged with possession of a firearm by a felon

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 16, 2021

I do not know a single private criminal defense counsel who would handle such state felony UUW by a felon pro bono, spending time, efforts and resources without making a reasonable living.

Thus, if defendant is indigent he may request the presiding judge to appoint a Public Defender to...
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2 Answers | Asked in Immigration Law on
Q: I have an Etsy shop based in Canada but I’m going to be in Montana for 5 months. Can I run my shop there without a visa?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 16, 2021

If you derive any income from any sources physically in the United States without work authorization you will be violating the terms of your lawful presence.

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3 Answers | Asked in Immigration Law for Florida on
Q: If I am an F1 student applying for CPT, is the internship mandatory to be in the same city as the college I study in?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 18, 2021

CPT may be completed anywhere in the United States, provided it is authentic and bona fide.

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2 Answers | Asked in Immigration Law for Illinois on
Q: I applied for OPT but i didn't use it. I'm getting 2nd master and OPT as well, is there any way I can do OPT this time?

I applied OPT for Master degree in 2018, but then I decided to come home and didn't use any day in the OPT process. Now I came back to the States and getting my second Master degree. I decided to apply one more time for the OPT. However, school DSO said that I'm unable to do so since I... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 15, 2021

You may select an immigration attorney of your choice to discuss your legal options directly in a conversational format.

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3 Answers | Asked in Immigration Law for Virginia on
Q: Can my son suffer legal consequences for living with an illegal immigrant? They’re married now, but she is out of status

She entered legally visa j1, them f1. Ended in 2012. Since then without papers. Living with my son since 2014. Married in 2018. Now, 2021 she wants to get green card

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 15, 2021

Your son may immediately petition. his foreign national spouse to adjust to LPR (Lawful Permanent Residency) right after they married, if he is a USC and she qualifies otherwise. There was no reason to wait three years.

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3 Answers | Asked in Immigration Law for North Carolina on
Q: I am in America with a tourist visa, and my father and mother are Americans, and I am old. Can I obtain a residence

I came with my husband and my son to America and I saw my father and my mother at an advanced age. I want to serve them, but I need to apply for legal residence. I am looking for a way with many thanks

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 15, 2021

You need to provide much more information regarding your potential eligibility to adjust your status.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Conv w/ 2nd ° Felony assault 2015 5 yrs prob. being charged w/ ClassABattery how likely am I 2 get probation again
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 15, 2021

You present a great question.

Many variables will affect your present eligibility for probation, yet, as you know already, your prior criminal history will greatly affect your chances to stay fee and does create a significant aggravating factor.

It is highly recommended you...
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2 Answers | Asked in Immigration Law for Texas on
Q: If my mom was in jail then deported can she still try to apply for a green card?

She did finished the probation she was given, they gave her a bunch of paperwork that was not translated to her she just signed she’s been in Mexico for 6+ years. I have that paperwork with me as well.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 14, 2021

That is questionable, especially after she served time in jail. It that is a CIMT, she is not eligible.

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2 Answers | Asked in Immigration Law for California on
Q: Should I get a lawyer for an interview with a Special Agent HSI?

Hello, I’m a student currently in OPT program and I got married to a US citizen 5 months ago. I never got DUI, nor in problem with the law. My visa has expired but I’ve never been off from student status.

I suddenly received a call in letter g-56 form for an interview with a special... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 14, 2021

Do not act without a decent immigration counsel advising you on your next move: you may be detained, and issued a Notice to Appear in Immigration Court for removal.

Definitely discuss your issues without any delay even remotely with a good immigration professional.

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1 Answer | Asked in Immigration Law for California on
Q: How can my undocumented Mexican worker in Baja drive me to chemotherapy at VA San Diego and back same day? Thank you

I am US citizen and a tourist here (6 months at a time as required. Legal address Ca.) During treatment cycle I cross weekly. Getting harder to drive myself and my "worker" also good friend. :)

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 14, 2021

He cannot not.

Find a USC or lawful permanent resident for that chore.

3 Answers | Asked in Criminal Law, Immigration Law and Small Claims for California on
Q: Lady accusing me of theft and threatening with immigration and police.

I did some work at her house. She didn't want to pay what the price was. Left the work and now she is accusing me of stealing her house deeds.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 14, 2021

Anyone may make any type of accusations: the facts are these are just allegations.

She may call the police yet, the police will investigate that matter and in order to charge would need to gather enough evidence for the charges to be approved.

Secondly, calling immigration would...
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3 Answers | Asked in Immigration Law for Colorado on
Q: Can a immigrant get a new passport after lost?

Good afternoon, I have a problem and I would like to know if you can offer me any option, my partner has been staying extended or has passed his stipulated permit for a year now. He had a CC that he lost and the passport was his only identification, if he shows up at the Colombian consulate right... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 14, 2021

The Columbian national must contact one's closest Consulate or Embassy to request the exact requirements for that document replacement.

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3 Answers | Asked in Family Law and Immigration Law on
Q: I recently got my work permit and sponsor my spouse from India. Is it possible that i can sponsor my parents as well?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 13, 2021

You do not indicate your status in the United States and your legal grounds for sponsoring your spouse, however, even generally, you may not sponsor your foreign national immediate family members (parents) until you naturalize.

Seek a comprehensive legal consultation; it will be worth it.

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3 Answers | Asked in Child Support, Family Law and Immigration Law for Kentucky on
Q: What can we do if the father of an unborn child does not want to acknowledge the baby?

My friend is pregnant and is a resident of Japan. The father of the baby was in the US Navy and was stationed in Japan but recently got out of the military and is now back in his hometown (Glasgow, Kentucky). He refuses to acknowledge the baby and has since blocked my friend (and her friends) in... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 13, 2021

You friend must consult a family attorney directly without any officious intermeddler to structure a legally accurate approach to that highly personal issue.

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3 Answers | Asked in Immigration Law for Georgia on
Q: Can I travel with expired green card?

So my Green Card expired and the I-797 Notice Of Action ( Extra 18 Months ) has been expired also

My question is I have to travel outside the United States can I do that with my expired I-797 notice?

Thanks

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 18, 2021

What you should have done long time agin is to file and receive an I-131 Re Entry Permit for your return.

Currently, you may seek an Infopass in person in place an I-551 LPR stamp into your valid foreign passport to be admitted upon return, otherwise you will be stuck abroad.

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