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Questions Answered by Alexander Ivakhnenko
1 Answer | Asked in Immigration Law for California on
Q: Filing 485 with two I -140s

My I140 is dated June 2013. But due to change in my role at the same employer, a new PERM process was initiated in July 2021. The new process is in PWD stage. Now with the latest visa bulletin, my date of fling has become current ( June 2013). So can I file 485 based on the original i-140 or do I... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 15, 2021

The most legally prudent approach to that matter would be working with the assigned or retained Immigration Attorney licensed to practice law and intimately familiar with old case procedural history, documents, bona fide evidence, and correspondence.

1 Answer | Asked in Civil Litigation, Criminal Law, Civil Rights and Federal Crimes for Illinois on
Q: Can someone be charged and held in prison under an alias name?

My father was a teenager when he was charged of committing murder in the 90’s. He is under a different name. When you search him , they have his birthday and a alias name.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 15, 2021

Yes, criminal charges are possible when the law-enforcement does not know the actual, legal, or true name of the suspect, so, the charges may be filed under any name available or given to the authorities. As in the case with your family member you could see that could happen.

1 Answer | Asked in Criminal Law for Illinois on
Q: Executing a search warrant for particular persons and places can officers pull you over away from house and take u there

B

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 14, 2021

I think it’s entirely possible for police officers executing a search warrant of a certain place or abode do a well-being check or a Terry stop of people found near or on premises just to secure the scene and make sure that there are no dangerous weapons or contraband on such people if there is a... View More

3 Answers | Asked in Immigration Law for Florida on
Q: Question about travel with a Green Card based on marriage and previous asylum (beneficiary) case.

I recently got a conditional green card based on marriage (been married to a US citizen less than 2 years). Before this, I was a beneficiary in my ex-husband’s asylum application, he was the primary applicant.

If I want to travel to my home country, will I have problems in the airport... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 14, 2021

Yes it’s very problematic to travel to the perceived country of claim persecution being a beneficiary on Asylum case as it will raise a rebuttable presumption of immigration fraud and possibly will place your lawful permanent residency in jeopardy. I strongly advise against it.

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3 Answers | Asked in Criminal Law and Immigration Law on
Q: Case of ShopLifting in UK Store and Security guard called Police

I had faced bad experience recently and got store ban. Security guard was rude and not giving chance to pay the item and called police.

Police has taken the details like name, dob and address and ask me to leave the store and informed me as follows.

After discussion with store... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 14, 2021

That’s a very sensitive legal situation. It might impact your visa in the United States if the authorities discovered that recent episode. Be as it may, you need to discuss your particular legal strategy with a licensed Immigration Attorney familiar with immigration consequences of criminal acts.... View More

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2 Answers | Asked in Contracts, Immigration Law and Tax Law for Washington on
Q: Hi. I would like to open an LLC with two other partners in WA state. None of us is a US resident. Can we do it?

All of us partners live abroad, not in the US and none of us has green card or citizenship. What do we need to register and start the business and what tax policies are we facing in WA state as non residents?

Thanks for any help!

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 13, 2021

You may initiate, register and run a company in a U.S. state even without being a U.S. resident or a U.S. citizen. Reach out to a licensed state corporate attorney who could structure a plan.

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2 Answers | Asked in Immigration Law for Texas on
Q: Subject: 1. Can I apply for AOS while in USA on valid B1 visa with a pending I130

Subject:

1. Can I apply for AOS while in USA on valid B1 visa with a pending I130 (that was submitted when i was outside usa)

2. Complete attorney fee to process my case.

*Current visa status: B1 valid ( no over stay)

*No criminal background

*Already applied... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 12, 2021

Your US permanent residency spouse will not be able to adjust your status even with an approved I -130 form, therefore, you would need to travel abroad for consular processing to complete that lawful permanent residency case. Also, you were lucky to receive a visitor’s visa with the pending a... View More

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1 Answer | Asked in Criminal Law and Federal Crimes on
Q: about criminal history report

I ran a criminal history report through the state of Illinois and it says no record on file does this mean I have no warrants, or no criminal offenses on my record and should be good to go correct. Please get back to me when you have time. I'm just needing it understood more if that is what it... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 12, 2021

As suggested before run your background check with prints at any local police station for clearance letter purposes.

1 Answer | Asked in Animal / Dog Law for Minnesota on
Q: My dog got loose this morning ,my neighbor shot and killed him he is two yearold Siberian husky sweet dog , what can

Is he allowed to shoot my dog . I got.thtee kids comiyhome from school what a jerk off shooting in residential .. Minnesota not Illinois

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 12, 2021

More information is needed.

A dog owner has an ongoing duty to control, restraint and secure any dog. Thus, any dog posing immediate danger to others may be shot, especially if that animal is on someone else's property. However, you need to supply more information to a local state...
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1 Answer | Asked in Criminal Law for Illinois on
Q: I allegedly spit on somebody is that a violent offense

Arkansas not Illinois

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 12, 2021

I am not licensed in the state of Arkansas, yet, even generally any intentional offensive physical contact is considered battery. Here is how, for instance, you throw a stone and hit a person in the body intentionally: that is a better, as you caused that object to contact another in a harmful,... View More

1 Answer | Asked in Employment Law for Illinois on
Q: Need some help-As an employee is it mandatory by Illinois employment law that I must take a 30 minute unpaid meal break?

I work for a big name delivery company as a driver and I do not take a 30 minute meal break. My employer initially noticed this and is claiming that it is mandatory for me to take a 30 minute break by Illinois law. A week passed and he just messaged me today saying that if I do not take a 30 minute... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 12, 2021

The employer is correct. No providing that break will subject that employe to a de facto state employment law violation. Additionally, permitting you not to take that necessary break will directly subject that employer to a civil suit for damages in several ways.

1 Answer | Asked in Criminal Law for Missouri on
Q: I ran a criminal history report through the state of Illinois and it says no record on file

I ran a criminal history report through the state of Illinois and it says no record on file does this mean I have no warrants, or no criminal offenses on my record and should be good to go correct. Please get back to me when you have time. I'm just needing it understood more if that is what it means

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 12, 2021

Not exactly.

The proper background check must be completed by any law enforcement agency. You may request a fingerprint background check from your local sheriff's office or police department for clearance purposes.

2 Answers | Asked in Immigration Law, Civil Rights and International Law for California on
Q: If you help someone from another country come to the U.S., are you responsible for them in a monetary way?

For example, if you sign a visa for them to come visit, or if they want to live here and not just visit, is there a way to help them, and if you do, are you responsible in any way for them for life?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 12, 2021

Yes.

Either Financial Affidavit of Support (I-864 and I-134) if submitted on behalf on a sponsored foreign national creates financial responsibility for Sponsor if that sponsored Beneficiary becomes a public charge in the United States subsequently.

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4 Answers | Asked in Immigration Law for Florida on
Q: Documents are being processed for immigrant visa. I have a U.S tourist visa. Can I travel to the U.S with no problem?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 11, 2021

Traveling on a tourist or visitors visa to the United States while a foreign national is a beneficiary of a pending immigrant visa will trigger a dual immigrant intent and the point of entry.

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1 Answer | Asked in Employment Law and Immigration Law on
Q: I‘m European and want to work in LA or NY as a celebrity assistant. Can they sponsor me since they’re not a company?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 11, 2021

Yes, there are a number of possible non-immigrant visas suitable for that particular situation of a celebrity assistant like H2B, to J-1 etc. but since you’re contemplating celebrity employment, I am certain that celebrity would retain an Immigration Attorney for that very purpose.

3 Answers | Asked in Immigration Law for Virginia on
Q: I'm illegible to get permanent resident according to private law 106/8 issued on 1999 , my name was listed ,

I filed the application & did finger print & medical test , biometric application& received I 181 FORM , after that for emergency traveled oversees , right now I'm in Jordan

Looking for any immigration lawyer who can help paroled me to USA to complete my remaining process... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 11, 2021

Attorneys are not allowed to solicit professional services directly. Be as it may, more information is necessary to analyze your particular immigration case and advise the best course of action in your particular circumstances. Thus, you may select compare and reach out to a licensed I migration... View More

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1 Answer | Asked in Immigration Law for New York on
Q: Path to Citizenship; what are the following steps needed to take?

EWI (2004) as a minor. Received NTA but didn’t show up to hearing. (NTA did not have address, date, or time of hearing. My parents claim that they never received any other NTA with relevant information). Given my no-show, I was most likely ordered removed in absentia. Fast forward 2013, received... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 9, 2021

There only legal recommendation I could suggest would be retaining a competent immigration counsel as you have done enough damage to your immigration matters acting without a licensed professional. If you disagree, do it yourself again.

2 Answers | Asked in Immigration Law for Virginia on
Q: Filed N-400 as a citizen of Ukraine, after filing received Russian citizenship, will it be a problem for naturalization?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 8, 2021

No.

Your acquisition of the Russian citizenship will not affect your N-400. You need to update that material fact during your N-400 interview.

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3 Answers | Asked in Employment Law and Immigration Law for Massachusetts on
Q: Which work Visa do I need as a Bangladeshi citizen to work @ a Coffee business in Boston MA. They are my ex UK employer.

Dear Sir/Madam,

I am from Bangladesh, I recently received job offer from an employer in US and I would like to know what's the procedure for Bangladeshi citizens to be able to meet the immigration requirements. I will be working at a Coffee chain shop in state of Massachusetts which I... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 7, 2021

The sponsoring employer must assign a licensed immigration attorney to determine the visa category suitable for that sponsorship and have that professional handle that immigration case to completion at no charge to you.

Thus, inquire directly with the employer.

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1 Answer | Asked in Immigration Law on
Q: How soon after I get H1B visa stamp do I have to travel to US and start working?

I have an approved H1B petition(797 B valid from Jan 2021 until Jan 2024). Due to covid etc I havent been able to get a visa stamp. I just filled out DS160 and turns out I am eligible for interview waiver since I was on H1B before. Due to my current work obligations here in Canada, I will not be... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 6, 2021

You ask a great question. Any H1B immigration visa beneficiary is assigned an attorney by the company that sponsored that person from abroad and had to pay Professional fees for the return. Does that beneficiary must work directly with that Immigration Attorney.

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