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Questions Answered by Alexander Ivakhnenko
1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Illinois on
Q: Can I file a personal suit after being the victim of a felony assault?

I was the victim of a felony assault in 2019. The case just came to an end today with the state successfully getting a guilty please. I will receive restitution for damages received (I have lasting damage to my vision in my left eye, restitution only covers vision therapy receipts up to last year,... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 28, 2021

You most definitely may initiate a civil action for additional lasting damages against the convicted person based on your description. I believe you have requisites merits to initiate such suit for damages, however, the difficulty will lie in the following: even if you file and obtain a judgment... View More

2 Answers | 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 Sep 28, 2021

You could be charged with a number of both state and federal crimes as follows:

1. Since each Link card is associated with a certain person and requires a password for its use, both of you (the seller and buyer) may be charged with conspiracy to defraud state agency, bank fraud, wire fraud,...
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2 Answers | Asked in Immigration Law for Florida on
Q: I-485 approval notice have a misprinted Priority DATE

Received the Approval notice(I-797) and Green Card. All the information on the GC is correct but Approval notice(I-797) have a wrong Priority Date. I submitted the e-request to fix the TYPO error, If it doesn't get corrected will it affect my Green Card or future Citizenship? Do I need to... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 28, 2021

Your posting lacks critical facts of that pending immigration submission to advise you on a laconic online paragraph. Consider discussing your legal issues with a consummate counsel of your choice.

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2 Answers | Asked in Family Law and Immigration Law for New Jersey on
Q: I don't have a solid proof but I think my husband has married another woman he is cheating me on with. What do I do

He has been cheating on me for a long time and I found out in March. He separated his room in December. We had a good friendly relation but he was verbally abusive when he use to get mad. He wanted this marriage to be without any physical relation and not disclose any reasons and I tried hard to... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 8, 2021

You may initiate divorce proceedings as it would be untenable to continue maintaining a marriage that has graduated into a sad veneer of a loving and harmonious union.

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3 Answers | Asked in Criminal Law for California on
Q: The father of my children/ boyfriend is in need of a criminal defense lawyer that will help us pro bono, if possible.

They're trying to charge him with attempted murder, kidnapping (with a prior), and torture. I have screenshots of messages from the alleged "victim" admitting that he framed my boyfriend to put him in jail, in order to be able to catch me in my sleep again. We really need a criminal... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 4, 2021

A pro bono attempted murder attorney is as rare as extinct Tasmanian devils. The defendant may request the presiding judge to appoint a Public Defender at no charge due to one's indigeny, yet, one thing clear: that case needs an attentive professional.

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3 Answers | Asked in Immigration Law for Florida on
Q: Is DACA still processing new applications? Do you need to know your exact previous adresses for Form I-821D?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 27, 2021

No.

The Department of Homeland Security (DHS) announced a proposed rule seeking to strengthen existing DACA protections on September 27, 2021. The rule will be officially published on Tuesday, September 28 for a 60-day public comment period.

Homeland Security Secretary Alejandro...
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1 Answer | Asked in Immigration Law for Texas on
Q: Hi, My H4EAD valid till 2023 and H1b got approved in sep2021.Can I withdraw H1b by 28th oct to retain H4EAD?

If I ask my employer to take step to withdraw H1b by Oct1st, I will go back to H4EAD or remain out of status?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 26, 2021

That is a very unusual approach. Given the time, efforts, and financial burden on the sponsoring U.S. employer, one of the possible explanations could be that the original H1B was not genuine or authentic to begin with.

1 Answer | Asked in Immigration Law on
Q: So my husband had his visa interview and we need more documents , plus his passport. Do we mail his passport with the

Other documents after we download them

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 26, 2021

It appears that your interview developed a Request for Additional Evidence before rendering a decision in that case.

That request must be carefully examined by a licensed attorney before providing the husband with a clear legal guidance how to handle that submission.

It goes...
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1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: Miscellaneous remedy forfeiture

Wht does that mean

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 26, 2021

Hard to say as the forfeiture could take many forms in connection with a pending criminal case,

Essentially, it means that the person loses property due to a legal violation of the collateral for said property.

2 Answers | Asked in Immigration Law for New York on
Q: I am an adopted adult. Am I able to apply for a green card for my birth mother?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 25, 2021

You are not eligible to sponsor her until you naturalize.

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1 Answer | Asked in Child Support for Illinois on
Q: If one department in Illinois Child Support releases drivers license, can a different part of child support suspend it?

We received a letter three weeks ago that stated my husbands driver license was released and could be reinstated, after agreeing to a payment plan and continually paying. We just received a letter yesterday (dated Sept 30th 2021) that we now have to pay in full or else the punishments will be... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 24, 2021

The Illinois Secretary of States does have a set of rules in order to reinstate suspended, or revoked driving privileges.

Also, any reinstatement of state driver's license does require a fee.

Naturally, no state mechanism works flawlessly. Mistakes happen, scrivener's...
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4 Answers | Asked in Immigration Law for Florida on
Q: I have a k1 visa im married ready to apply for adjustment of status I-485 form. I with I 765 and I 131 what is the fee?

I'm married with a us citizen have a k1 visa I believe I need to apply for I 485 and I 765 but I plan to add I 131 for travel document can you please tell me the exact fee for all of them when seeding together with each fee separately of possible?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 24, 2021

The USCIS.gov lists all fees for for each federal form.

However, an AOS (adjustment of status) to LPR only requires a fee for I-485 ($1225, which includes $85 biometrics fee). When I-765 EAD, I-131, Re-Entry Permit are a part of the concurrent AOS filing, (it is called One Stop concurrent...
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1 Answer | Asked in Criminal Law for Illinois on
Q: In Illinois, By law can a judge that signed a search warrant preside over the same case in trial?

Specifically asking about this law in question as it reads :

(725 ILCS 5/108-4) (from Ch. 38, par. 108-4)

Sec. 108-4. Issuance of search warrant.

(a) All warrants upon written complaint shall state the time and date of issuance and be the warrants of the judge issuing the... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 24, 2021

It appears that would be perfectly lawful based on the statutes and the sworn affidavit sating the legal need for such.

1 Answer | Asked in DUI / DWI for Illinois on
Q: Can the hospital draw blood for a DUI for a police officer if I refused
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 23, 2021

You keep posting the same legal issue repeatedly and the answer remains the same.

1 Answer | Asked in Immigration Law for Wisconsin on
Q: How necessary is submitting school, religious, DNA, and census records in the last section of the I-130 (filing online)?

Also, is this for me, the petitioner, or is this for the beneficiary? The instructions on the online form aren't very clear. I keep getting error messages saying, "You should provide evidence. If you do not provide evidence, your petition processing may be delayed."

My wife... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 23, 2021

We tend to recommend filing paper submissions only retaining a copy in the file for housekeeping and accountability reasons. But even generally we do not include only required submissions that do not confuse the processing officer.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Will PA drivers license be suspended for Florida DUI conviction? Can I still drive in PA?

I was arrested for DUI in Florida on vacation. My BAC was the highest tier >.16 (I blew .20). I live in PA. The PA DMV website says first time DUI's out of state carry no license suspension in PA. Sounds too good to be true. Does anyone know for certain?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 23, 2021

I do not practice in PA but even generally, it makes no sense for PA to forgive the first DUI elsewhere.

I strongly doubt that could be true. Ask a PA DUI counsel directly.

1 Answer | Asked in DUI / DWI for Washington on
Q: How do I "attend" a DUI class in TN if I live in Seattle?

Convicted of DUI in 2004 in TN. Want DL in WA. Need reinstatement in TN. All fines/fees paid. Need DUI class certificate. Online classes not accepted by TN. No "in person" classes in Seattle.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 23, 2021

With the recent proliferation of Zoom options explore a technical way to attend the Tennessee DUI under the Covid protocols, if the TN court approves that request.

1 Answer | Asked in DUI / DWI for Illinois on
Q: What does I er blood test does not cure the refusal mean
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 23, 2021

Your question is unclear, however, it appears that you possibly asked a similar question from Peoria, Illinois recently.

In Illinois there is a specific legal principle called medical emergency exception where the medical hospital may draw blood from an admitted person for medical reasons,...
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1 Answer | Asked in DUI / DWI for Illinois on
Q: I did end up in the emergency room is it legal for the doctor to take my blood

What does that mean

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 23, 2021

Yes.

Under the current emergency exception for medical purposes, a medical institution may take a patient's blood which results are completely discoverable.

1 Answer | Asked in Immigration Law for New York on
Q: I am on asylum. 5 years in USA. just got married with a green card holder. Can a switch my case? Thank you

I am under gay asylum. And in a gay marriage. Just heard it’s a new law that green card holder is the same as a citizen now. At least close. Could it be more fast and easy to get documents through my marriage?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 23, 2021

You heard wrong: whole your asylum case pending it does not confer status (unless you somehow maintained a student F-1 visa for that long, which is doubtful).

The fact that you are married to the LPR does not open up an immediate legal path to adjust to LPR as your spouse must naturalize...
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