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Questions Answered by Alexander Ivakhnenko
2 Answers | Asked in Immigration Law for Georgia on
Q: Hello I (US citizen) am in the process of trying to marry my fiancé (Portuguese). He has had an altercation at the US

Border control and was received form I-877 upon being deported back in 2018. We originally thought we could do the K1 visa but now are wondering the next steps. Could you help clarify what we need to do?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 25, 2021

It depends on the foreign national developed derogatory history. The withdrawal from admission to the United States (I-877) must have other collateral grounds on inadmissibility that will directly affect any type of vida for that Portuguese national, possibly even rendering that person... View More

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3 Answers | Asked in Criminal Law for Illinois on
Q: Is the good Samaritan law involving not being charged in a situation that a person calls 911 to seek medical help

My friend lives in indiana called 911for her husband because he was over dosing and when the police came they arrested her and charged her with possession of drugs and paraphernalia ECT... But also never drug tested her

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 25, 2021

There is no such thing as a Good Samaritan law that exonerates or insulates anyone from being criminally charged with drug possession at the scene.

That person needs to discuss her criminal case with an accomplished criminal defense counsel to fight for her freedom.

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1 Answer | Asked in Immigration Law for California on
Q: I am on H1-b status, also I have an approved vawa I-360 application with I-485 pending, Can I remarry now ?

I am on H1-b status, also I have an approved vawa I-360 application with I-485 pending, Can I remarry and bring my spouse on H4, will this effect my I-485 as it baseed on vawa. I have read on USCIS website that if i marry before vawa approval my petition will be denied, marriage after approval will... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 25, 2021

The only expert you need to discuss it with would be the company's assigned immigration counsel familiar with your pending case.

3 Answers | Asked in Immigration Law on
Q: CBP officers in San Juan PR airport had wrongly detained me and served me an NTA for an old misdemeanor conviction

have been a legal permanent resident for over 14 years. I was convicted 10 years ago with a misdemeanor CIMT crime (theft) that was punishable with maximum prison time of less than one year. I was actually sentenced for one day in jail.

I was detained my travel documents confiscated and... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 25, 2021

Be as it may you must immediately retain a competent immigration attorney to fight for your status and your mere presence in the U.S.

An NTA will never be withdrawn the way you desire.

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2 Answers | Asked in Immigration Law on
Q: Hello, I am from Afghanistan. My sponsor filled out the i131 and i134 forms for me, It's been a month, there is no news
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 25, 2021

Prepare for a long wait: a month for the USCIS or the NVC is nothing. Some beneficiary wait literally for years.

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3 Answers | Asked in Immigration Law for Pennsylvania on
Q: I am a US citizen & my stepdaughter is coming into the US for her master's education.

I am a US citizen & my stepdaughter is coming into the US for her master's education. Can I file for a change of status for her to a green card while she is in the US on a student visa?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 25, 2021

You need to discuss with the adopting agency whether you have legally adopted that child (what is the age of that foreign national?) in order to petition for that immediate family member.

Also, it seems by logic the immediate family member would reside with either a biological or adoptive...
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1 Answer | Asked in Criminal Law for Illinois on
Q: Traffic stop bicycle, cop said i was pulled over for a light not mounted on bicycle. NRS : light must be visable .

Was searched taken to jail for possession.

Can the case be thrown out for the reason i was stopped? Had a ligjt the cop saw it and lied that it must be mounted. No where in NRS code does it say that.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 25, 2021

A person operating a bicycle during twilight or at night has a duty to have the bicycle comply to the rules of the road requirements, safety and equipment presence.

Thus, a bicyclist may be legally stopped for any absence of safety equipment, including reflecting signs or lights....
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Will applying for CPT conflict with my marriage-based green card application?

I'm currently on F-1, but I'm waiting for my marriage-based green card interview date and work permit (I already did my biometrics). I wish to apply for CPT for an employment opportunity directly related to my course of study (I'm a Ph.D. student and already used my OPT after my... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 24, 2021

No.

You may apply for your OPT EAD as planned which would not affect your pending AOS LPR case.

3 Answers | Asked in Immigration Law for Florida on
Q: Question regarding the New Nov 8 travel rules and how it would affect unvaccinated H1b and H4 visa holders

Hi,

I have an H1b visa and my wife has an H4 visa. We are currently in Canada and unvaccinated for COVID. So, based on the new travel policy of Nov 8 of the US government, will we be allowed to enter the US by land border post-Nov 8 irrespective of our vaccination status?

The US... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 23, 2021

You are represented by a counsel of record. It would be improper to guide you overstepping the critical and vital role of the attorney who is professionally retained, familiar with your case and legally obligated to provide a clear, accurate and exact legal guidance to you.

If they do not...
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2 Answers | Asked in Criminal Law and Federal Crimes for Illinois on
Q: How can I fight not going to jail. After the fbi/police charge me with robbing an atm in illinois and they have pictures
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 23, 2021

First things first, it is not legally possible to "rob" an ATM. Robbing could only involve depraving a human being of any things of value or property. Thus, a possible crime would be criminal trespass, criminal damage to bank's property, aggravated theft with use of tools and theft... View More

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1 Answer | Asked in Immigration Law for California on
Q: there's a transcript for my 1st tax return. 2nd is amended and there's no transcript yet. Will immigration accept both?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 22, 2021

Usually, for immigration purposes a regular tax return is sufficient unless there is a specific Request for Further Evidence by the Service requesting the tax transcript for that particular year or years.

1 Answer | Asked in Employment Law, Immigration Law and Civil Rights for Arizona on
Q: School principal is confiscating cell phones and keeping them for an unreasonable amount of time: is it constitutional?

1st infraction: 1 week; 2nd: 30 days; 3rd: entire school year. No parental consent or due process. No policy on how its enforced. School administrator states that cell phones are prohibited items: my concern is the safety of the students. Many parents rely on cell phones to track their children,... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 22, 2021

Yes.

Limiting access to mobile telephones for school students by the school Administration is completely Constitutional. The school implements its rules and oversees education , social and safety parameters of that educational institution.

The school may and should limit any...
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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: I got married to a US citizen in 2016. My oldest daughter was one month away from turning 18 at the time of the marriage

I got married to a US citizen in 2016. My oldest daughter was one month away from turning 18 at the time of the marriage. She is now almost 23 and still unmarried. Can we file for a green card for her based off my marriage while she is in the United States?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 21, 2021

She does not seem to qualify for that LPR under that legal option.

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1 Answer | Asked in Employment Law and Immigration Law on
Q: I am an intntl student in Canada. Can I do remote software work from home in addition to 20 hrs allowed for student

I will be completing this remote work entirely at my own leisure time at home on my laptop and that there will be no payment for this paid to any account in Canada but the salary will be going to my fathers bank account in my home country .

Is this okay and can I do this? Please confirm... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 21, 2021

That is absolutely not permitted as you would be deriving income outside permitted 20 hours of authorized employment in the country on a student visa.

It is a veiled form of immigration fraud and intentional scheme to violate your visa status.

3 Answers | Asked in Immigration Law for Georgia on
Q: I am a co-sponsor to my sister’s husban, can I still be a point of contact for a person that is seeking refuge status ?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 21, 2021

If you are not a licensed attorney or recognized gala representative in my opinion you may not be "a point od contact" to receive communication or handle an asylum case for anyone.

That asylum applicant must either handle that case herself or select a licensed counsel of record.

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1 Answer | Asked in Immigration Law for Georgia on
Q: I have a question on working door dash on H1b visa… is it ok?

And also if I have opened the Doordash account mistakenly and deactivated on the same day. Will it be in the records?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 21, 2021

If your extra work does not interfere with your H1B main duties you may derive additional income in your spare time.

1 Answer | Asked in Immigration Law for California on
Q: Can an asylum be denied for some or all these reason?

Can a person be denied asylum if they have a suspended drivers license, multiple tickets, multiple accidents, IRS collections, and recently arrested for resisting arrest and possession of controlled substance.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 20, 2021

Yes.

Ant pattern of criminal activity in aggregate coupled with drug offenses places an asylum applicant in a possible denial.

Immediately consult directly with any reputable asylum law attorney via zoom.

1 Answer | Asked in Immigration Law for Oklahoma on
Q: Hi. I am an F-1 student and i have pending i485 too. I filled i765 and i131 along with my i485. Can i apply for OPT too?

If my OPT gets rejected can I stay in USA based on pending i485? For how long

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 20, 2021

You need to consult directly with an experienced immigration attorney even remotely as any incorrect action on your part may affect your immigration benefits or adjustment of status. Do not delay as acting blindly would be rather foolhardy.

5 Answers | Asked in Immigration Law for Florida on
Q: My mother wants to petition her adult non married children's but she does not know how to start the process.

If she need an immigration lawyer and if so, how much it will cost her.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 19, 2021

Attorneys are not permitted to solicit and discuss professional fees online. The mother must reach other to a counsel of her choice.

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4 Answers | Asked in Immigration Law for Georgia on
Q: my husband recently applied for citizenship. can i send my petition form now to be permanent resident ?

his application is still processing. do i wait till he becomes a citizen or can i go ahead and send in my petition form?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 19, 2021

You must discuss your exact legal options with a professionally qualified immigration attorney to structure your legal strategy.

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