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Questions Answered by Alexander Ivakhnenko
1 Answer | Asked in Criminal Law and Immigration Law for Colorado on
Q: Can a person get deported if they have there green card and the person was charged with shoplifting about $20

of merchandise at Walmart. They were offered a $75 fine a class and 12 month open case without getting in any type of trouble then the case will close. If they do this can they still get deported?

If a case gets closed and a person only has to pay a fine and do a class does that also... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jul 25, 2023

Technically, yes, as even that may require a plea of guilty to a CIMT (a Crime of Moral Turpitude). It is imperative to retain a local defense counsel to handle that case properly.

1 Answer | Asked in Immigration Law on
Q: My soon to be ex and his new girlfriend are threatening to report me for a fraudulent marriage. Should I be worried?

We were married for just over a year and never filed any immigration paperwork of any kind. No visas were applied for, no immigration file was opened. I’m Canadian and was spending the maximum number of days I was allowed to in the US. I have never exceeded my stay or done anything wrong. I keep... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jun 23, 2023

Even a frivolous report of marriage fraud may result in a lifetime ban on any immigration benefits in the future. I recommend discussing your legal options with a counsel of your choice.

2 Answers | Asked in Immigration Law for California on
Q: I had a question regarding the impact of moving while applying for us residency.

I’m currently in the process of accepting a job but they are pushing for me to relocate to a different state. I told them that I’m currently applying for U.S Residency and that it would be best to stay in my current state since I might be asked for fingerprints or more evidence and it just... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Apr 18, 2023

This is a complex question that requires a confidential consultation, but even generally there is a way to accept that professional opportunity without impacting your pending immigration matter.

You may reach out to us to schedule a consultation with you on that issue if you so desire.

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2 Answers | Asked in Immigration Law for California on
Q: Travelling outside of the US on Green Card as a foreign airline crew?

Good day,

Very specific question here, I am going to receive my green card visa shortly.

I work for the foreign airline based in the Middle East and have travelled to the US every month (at least once) on C1 crew visa.

I understand my crew visa will become invalid once I... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Mar 10, 2023

Your Lawful Permanent Residency status requires you to reside in the US permanently and not to work abroad. Eventually your status will be in jeopardy if you continue to do what you are doing at present.

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1 Answer | Asked in Immigration Law for Florida on
Q: Conditional status (2years green card)

My husband and I got married when I found out I was pregnant but I heard than I am on a "conditional status"as my green card is for 2 years. So my question is : when does my conditional status end? On our 2nd anniversary or on the expiration date mentioned on my green card??

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 17, 2023

You need to legally remove the condition on your Lawful Residence status and file for its removal 90 days prior of its expiration date as stated on your plastic Permanent Residence Card.

2 Answers | Asked in Immigration Law for Michigan on
Q: I have a conditional greencard through marriage. I moved but want to keep old mailing address

My husband and I moved in September to an apt. I want to inform uscis about change in address but still get mail at my parents house ( old address ) since it’s more relatable with mail. Will this be an issue or look suspicious?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 24, 2022

I recommend updating the address to the actual physical address In the USCIS system within ten days of the relocation by the form AR-11 online.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Ok so I have a question about my ex and my sister and brother and my ex's son stalking me with a illegal neural network.

They have it connected with a crystal radio and a loop antenna that is special order for my brainwave , they got is connected with no wires because they got a single acquisition with a microcontroller and have a signal amplifier and stabilizer, you can train a p300 with only one electrode, they use... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 16, 2022

I suggest meeting with a licensed mental health counselor of your choice to discuss your recent observations at the very least.

1 Answer | Asked in Military Law, Immigration Law and Federal Crimes for Tennessee on
Q: Is desertion from US military considered to be grounds for extradition?

In case a person desert from the US military and moves to Canada or EU, will she be extradited back to the US? Does this kind of offence considered to be extraditable?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 13, 2022

It depends what other legal issues are involved. I strongly suggest a confidential legal consultation with an experienced attorney.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Shoplifting affecting visa stamping

Hi Alexander, thank you for your prompt response, when you say not a plea to the crime what do you mean? Like what should I avoid saying? And In case the VO asks any direct questions how should I tackle?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 9, 2022

Please contact us directly at 773-562-8602 to prepare you for that visa stamping interview as there are several legal nuances you need to be aware of.

1 Answer | Asked in Criminal Law and Immigration Law for New Jersey on
Q: I was arrested for shoplifting in 2018 , on F1

In 2018 I was arrested in NJ for shoplifting, the charges when then lower down to a disorderly person offense and later dismissed entirely . I was on my F1 that time. I got my visa approved in 2020 and I am planning to get it stampped . I have my certified disposition stating the dismissal and the... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 9, 2022

Your criminal case was dismissed, thus, as long as you present the evidence of its dismissal and have not pled to a crime of moral turpitude, your visa should be approved in my professional opinion.

3 Answers | Asked in Immigration Law for New York on
Q: I am applying for citizenship. My question is with question "Have you EVER lied to any U.S. Government officials etc.

I did lie to officers in my birth country 2013, which is 10 years ago, to get a visa to get into america.

I am now married and nothing else like this has happened.

Since it's over 5 years ago, will this effect my application?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 5, 2022

You need to discuss that exposure with a licensed immigration attorney confidentiality as that may result in a denial.

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1 Answer | Asked in Criminal Law for Illinois on
Q: What happens if you get get charged with trespassing on a bench trail in Illinois

He was served a ticket and court date. On his first court date he pled innocent so the judge is doing a bench trial in January now!

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 16, 2022

Without gathering more case information is is impossible for anyone to suggest the next court event. The facts are the case is a state Misdemeanor Class A, and it is still pending with the next court date in January of 2023.

I recommend for the defendant discussing the case with a...
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1 Answer | Asked in Criminal Law and Constitutional Law for Illinois on
Q: Can not having a foid card prevent getting this charge vacated?

I was charged with 2 counts of the auuw statute that was found unconstitutional in people vs aguilar. I filed a petition for relief from judgement, but was denied because the second charge was for not possessing a foid card. Was this ruling accurate?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 31, 2022

At the time of the alleged criminal offense absence of the FOID card becomes a strict liability issue ( either you have it or not at the time), however, these issues have a potential to mitigate with an experienced counsel.

2 Answers | Asked in Immigration Law for California on
Q: I filed an I-130 for my husband, but I missed two interviews. The first one because the notice came late.

The second one due to having covid. It took ages to reschedule that second interview. Now they want evidence for why I missed the second one, but I never went to the doctor and don't have evidence. I think it might be faster to withdraw my I-130 and re-apply. Can I do that.?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 22, 2022

You acted as your own attorney and created a situation which triggered a second scrutiny of your filed and pending case. Now even if you re file a brand new petition your case in the U.S. Government database would still indicated potential review for fraud.

If that alone is not a...
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1 Answer | Asked in Criminal Law, Constitutional Law, Domestic Violence and Internet Law for Illinois on
Q: I was charged with domestic battery but it was dropped to just a battery at the end. Why we’re my guns rights taken away

I wasn’t convicted of the domestic battery just convicted of battery

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 21, 2022

Because that type of crime affects one’s eligibility to handle firearms in Illinois. Consider retaining a good defense counsel to dispose of the battery case correctly.

1 Answer | Asked in Business Formation, Business Law and Immigration Law for District of Columbia on
Q: Hey, I was wondering if an immigration consultant business is legal in VA? I didn’t find any restrictions anywhere in VA

I’m not an attorney

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 18, 2022

Even generally, providing any immigration advice without a valid law licence will constitute an unlawful law practice. I would be very apprehensive to do that.

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Illinois on
Q: I am the boyfriend of a parent and her son is being questioned, fingerprinted,etc. Why can I not go back with them?

Even though my girlfriend (the mother) wanted me to, the cop said parents only. Is this true?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 11, 2022

As you have learned , that is exactly right. As a boyfriend you are legally not a family member and have no legitimate authority to request any accommodation with respect of another person’s child.

1 Answer | Asked in Immigration Law and Traffic Tickets for Illinois on
Q: My ceremony is in 4 weeks. Should I answer "Yes" or "No" on question 4 on the Notice of Oath Ceremony (form N445)?

Q4 on form N445 says:

"Since your interview, have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, including traffic violations?"

Facts:

- I got a $164 traffic ticket three weeks before the... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 30, 2022

I recommend doing the following:

Obtain a court certified traffic citation disposition from the clerk of the county court where the matter was adjudicated (completed). Disclose that traffic citation and attach a copy of the certified court disposition with all conditions met (fine paid) on...
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2 Answers | Asked in Immigration Law on
Q: When before the wedding should I enter the US with the ESTA Visa if the K1Visa isn't an option because it takes too long

He is an American citizen and I'm Italian living in Germany. We've been together for 5 years and have been engaged since 2020. I've entered the US with the ESTA Visa a couple of times (almost every year since 2017) and my fiancé visited me in Germany a couple of times. We've... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 28, 2022

Marrying within 90 days on ESTA may be viewed as improper. It would be prudent to marry 90 days after one's entry. Also, that route would be much more expedient in terms of case processing.

However, it goes without saying that a case like that requires a competent immigration attorney...
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1 Answer | Asked in Criminal Law for Illinois on
Q: Is it wise to secure the legal services of a criminal defense attorney before they are actually needed

I've been under persistent, but not constant, long term surveillance by the police. They seem to be monitoring my travel habits specifically. I'm not aware of being involved in any unlawful activity. It makes me nervous, i might be charged/arrested for something ( what i don't know)... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 21, 2022

It is very prudent to discuss your potential exposure to ANY prospective criminal charges BEFORE they appear with an experienced defense counsel in confidence without any delay. Here is why: your immediate personal conduct, statements and actions may play a critical part in either getting you... View More

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