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Questions Answered by Alexander Ivakhnenko
3 Answers | Asked in Immigration Law for Illinois on
Q: My father is trying to get citizenship after having a green card. He can't remember his draft registration date. 1959

He was born in 1935. The registration was in 1959 or 1960. The citizenship application asks for the date of draft registration. My father can't remember the date and we can't get the information from the selective service site because it is too long ago. Is there a way to get around... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 5, 2021

You may provide the best available answer by submitting a sworn Affidavit to the exact circumstances.

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2 Answers | Asked in Immigration Law for Ohio on
Q: REF after citizenship interview .

Got a REF after citizenship interview asking for the explanation why kids information were missing in initial I-30 submitted for my immigration process. My I-30 was submitted around 2013 by my husband who has been naturalize US citizen since 2011(approximately).

What kind of proof can I... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 5, 2021

Failure to provide material facts on the federal application makes case are possibly suspect or frivolous or defective based on your submissions. At this point in time you need to retain in the journey to create a legally sufficient explanation why initially eight years ago children were not... View More

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4 Answers | Asked in Immigration Law on
Q: If I submit I-407 (abandon PR status), do I need to wait for USCIS acknowledgment before entering the US as visitor?

I.e., will I need to show proof of receipt of the I-407 at the border or can I just show a copy of the submitted I-407?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 5, 2021

Any admission on any visa to the United States a subject of scrutiny and you may understand that your admission is not guaranteed arriving today night stays especially after the abandonment of your lawful permanent residency status.

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2 Answers | Asked in Immigration Law on
Q: My wife and I are going to change the name on her green card to our married name. Would the old card still be valid?

I-90 is already complete

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 5, 2021

Yes, provided the card bearer carries one's legal name change document copies with her.

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2 Answers | Asked in Immigration Law and International Law for North Carolina on
Q: LOST PASSPORT please help! How to extend stay over 90 days with an ESTA, whilst awaiting a new passport?

I have just arrived at the airport to leave USA after a 90 day tourist visit on an ESTA visa waiver program. I was due to leave for 4 days to allow my visit time to renew and then return to the states to finish my trip for another 2 months. But I have arrived at the airport and lost my passport!! I... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 4, 2021

You will need to comply with the reality. Obtain your expedited foreign passport and then apply for a new visa in that document.

There is no way around it.

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1 Answer | Asked in Immigration Law for California on
Q: Currently I am working in US on STEM OPT. Can I move to india & work remotely for the same org with US based salary?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 4, 2021

The same question comes in with the frequent regularity. That plan actually runs off all of the terms and conditions of that professional training and conditions of that professional training in the United States so to put it in perspective one cannot sit on two chairs at the same time.

1 Answer | Asked in Immigration Law for Maryland on
Q: I have OPT EAD, can I remotely work for a UK university (with no office in the US)?

I have a job offer from a UK university and I'm staying in the US (waiting for my green card) and I have my OPT EAD card with me (12 months), can the UK employer hire me remotely? My former university DSO has said that they will authorize it since my work in the UK is strongly related to my... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 3, 2021

That plan doesn’t appear to be fitting your OPT present requirements for employment in the United States especially if you’re hired by a foreign entity.

4 Answers | Asked in Family Law and Immigration Law for New Jersey on
Q: If USC refuses to go the i751 interview?

ONLY FOR IMMIGRATION LAWYERS

My USC husband might refuse to go the interview because we filed jointly but he has been cheating that I found out about later. I confronted him but a few months ago when I confronted again he got mad and said he will divorce me soon. Didn't do anything its... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 2, 2021

If your United States citizen refuses to attend the interview to remove the condition on your lawful permanent residency then that case will be denied and you may be placed in the removal proceedings it’s a typical situation and that happens more frequently than it should.

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1 Answer | Asked in Immigration Law, Products Liability, Tax Law and Workers' Compensation for Colorado on
Q: air bag recall cheerrdul clicks enable js
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 2, 2021

I suggest you contact a local attorney license in Colorado to discuss a possible case for defective equipment. By telling your story to the selected the training you will be able to establish a possibility of merits of your civil case.

1 Answer | Asked in Immigration Law for Virginia on
Q: I am confused on the n-400 form for part 12 #23,24 and 28 should those question be a yes or a no for shoplifting?

I did 3 hours in jail 40 hours of community service and it happen back in 1989. When I went to court to get a record it said it was dismissed and expunged. I need to know what to answer for part 12 #23,24 and 28 on the n-400 form yes or no ? Does 3 hours count as a day .

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 1, 2021

You need to go to the court were your criminal case was adjudicated in that county and state then ask the court clerk to issue a certified criminal case disposition and then present that along with your N 400 form with a detailed explanation how the case was completed.

4 Answers | Asked in Immigration Law, Civil Litigation, Civil Rights and Health Care Law for New Jersey on
Q: HIV positive Ayslum requested

Dear Sir/Madam

I came to the USA on 12 November 2020 from Freetown Sierra Leone . I have a bad news from when I was sick I went to the medical hospital they told me the I am HIV positive.

I have to tell the news back home to my friend and relatives but I could not bear what they... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 22, 2021

The asylum alleged ground must be presented credibly, with corroborating evidentiary support of the direct past persecution by either state or private actors of the Principal Applicant.

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2 Answers | Asked in Immigration Law for Texas on
Q: No reply since 2016

I applied for my sibling (I-130) back in 2016 and received a receipt notification within few weeks. Since then I have not received any other correspondence neither online case status is updated. What do you suggest?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 29, 2021

You may reach out to the USCIS Customer's Service toll free number listed on your received correspondence. Ask to be transferred to Tier II live agent. Once connected provide the Case Number along with the Case processing receipt Number and request a case update.

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2 Answers | Asked in Immigration Law on
Q: Hello USCIS We are sending the i797 form and deducted the money I am from Afghanistan Humanitarian parole Is it approved
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 29, 2021

No.

A mere payment of the USCIS fees is not a guarantee of the submission approval.

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2 Answers | Asked in Immigration Law for California on
Q: Can my daughter acquire citizenship?

I am a Us citizen by birth and the biological mother of a 20 year old girl born abroad that currently has a pending file I130, once the green card is approved can she apply citizenship through form n-600? I was married to her biological father (noncitizen) before she was born. I was not in the US... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 27, 2021

As a US Citizen female you may confer US Citizenship at birth by registering the fact of birth at the US Embassy or consulate.

Why did you wait for 20 years?

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1 Answer | Asked in Criminal Law, Immigration Law and Sexual Harassment on
Q: Good morning , I was acrew member and I live in Sint Marteen . But to my missfortune my passports and purse were Stolen

In Aruba 2015 on my way back to the island. Thebissue is I flew back to venezuela and The thieve left me locked up in my Room with some virtual Police insulting me as F..ing Streaper with part of The crew Voices from my last job on board Azteca II ( i cant afford a lawyer and A bit damaged )

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 26, 2021

What is your exact legal issue?

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Can L1B continue working after receiving H4 receipt, but H4 approval process in transition?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 26, 2021

What does the company's assigned immigration counsel recommend you do next?

1 Answer | Asked in Criminal Law for Illinois on
Q: Is it possible to find another public defender when there is only one offered in that county?

My spouse has an Effingham Co IL public defender that has only spoken with him twice and doesn’t answer questions or give any advice. My spouse has put in numerous requests for different things and He only says, ‘I would love to win your case.’ He has a Pre trial approaching in a couple of... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 26, 2021

Assigned Public Defenders handle many cases, not just one case where they have luxury of reaching out to the client at any time. Also, The rule of thumb is that if one wants a counsel who will invest time, effort and resources in any criminal case then a private counsel must be retained as... View More

3 Answers | Asked in Immigration Law for California on
Q: Best options for visas to bring partner/father of your child to the US?

I am a US citizen. I would like to bring my partner/father of my child over to the US. Which visa options would be best and would allow him to be able to work as well? And are there options that does not require marriage?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 26, 2021

No.

Either you marry the child's father and bring him as a foreign national spouse or you petition for a fiancee visa.

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2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law and Civil Rights for Illinois on
Q: In Illinois, would finding less than 5grams of marijuana on person be considered probable cause to search vehicle?

Pulled over for license plate light and came back clean when running license. Pulls me out of car, and I had .5g or less and he said that gave him probable cause to search. It's not illegal to be in possession of marijuana in Illinois so why would that give him probable cause? I believe my... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 25, 2021

Perfectly legitimate reason to search.

Once the narcotics found inside the vehicle it would provide the officer with legitimate probable cause to search the vehicle.

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2 Answers | Asked in Cannabis & Marijuana Law for Illinois on
Q: In Illinois where marijuana is legalized, can a Court take that right away from you?

Wouldn't it be considered taking away a civil liberty by denying what the law allows?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 12, 2021

Marijuana use is not a constitutional right, it is a controlled substance, just like tobacco, alcohol, etc. Thus, the state under its legal mandate may regulate their use in court cases where use of alcohol and controlled substances will be limited (DUI dispositions, etc.) during supervision,... View More

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