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Questions Answered by Alexander Ivakhnenko
3 Answers | Asked in Criminal Law and Immigration Law for Illinois on
Q: I am on H1 work permit and have recently been fined with Civil penalty (retail theft). shall I make payment or wait judg

I am an immigrant working on H1B work permit. I have recently been fined with Civil penalty (retail theft) and charged with misdemeanor.

Question:

1. Shall I make payment or wait for the judgement?

2. What is the consequence on immigration because of this?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 24, 2022

I would retain a criminal defense attorney as that crime of moral turpitude will negatively affect your H1B visa and it will be cancelled. The defense counsel once retained could request a hearing and amend that criminal charge to a non CIMT (Crime of Moral Turpitude charge) misdemeanor. Once... Read more »

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3 Answers | Asked in Immigration Law for Oregon on
Q: What forms are needed for a spouse to stay in the country legally?

My husband is from the UK here on a tourist visa. What forms do I need to fill out so he can stay??

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 18, 2022

No attorney will guide anyone remotely by way of a remote paragraph to handle such a complex issue as an adjustment of status for an immediate foreign national family member without any review and knowledge of the matter.

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2 Answers | Asked in Criminal Law, Immigration Law and Federal Crimes for Texas on
Q: I recently was charged for human “smuggling” in Texas passing the checkpoint in Zavala County, Texas. Please help

I don’t consider this to be smuggling since I didn’t gain no money and I didn’t cross anyone over the border the illegal aliens were already in Texas I just had to pick them up. And now I got a charge for this and pending court date.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 17, 2022

It is irrelevant whether you received any payment for your activities or whether the foreign nationals were in the United States: these are not the requisite elements of the current criminal charge you are facing, witch has a possibility of a prison sentence upon conviction.

You must...
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2 Answers | Asked in Immigration Law for Nevada on
Q: wife was here on a permanent resident Visa her visa expired last year

need to file form i-130 and they form 485 is there any other things that we need to file such as an Affidavit of Support

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 17, 2022

A concurrent submission for an adjustment of status with forms I-130 and I-485 must contain all requisites of prove ups of a genuine and authentic qualifying marriage.

It would be cheaper to consult with a licensed attorney than resuscitating a flawed submission.

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2 Answers | Asked in Immigration Law for Colorado on
Q: I want to travel to miami but I’m undocumented
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 17, 2022

If you are in possession of a valid ID or a foreign passport you may fly domestically, yet, any U.S. airport falls under the federal jurisdiction and occasionally has a federal task force immigration checks.

So, there's a risk of being apprehended, although remote.

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2 Answers | Asked in Immigration Law for New York on
Q: My wife and I did not live together for 5 months for work reasons. Would this affect the marital union timeline? 3 yrs

I am a US Citizen. My wife is on a temporary green card holder. My wife completed school recently. I worked in another state during this time, 5 months. Her and I would like to apply for her citizenship after 3 years, however it sounds like we needed to live together for 3 years. Would this... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 16, 2022

Your submission must contain bona fide profs of that marriage with documentation to support that premise.

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2 Answers | Asked in Divorce and Immigration Law on
Q: If a husband commits a crime, and the wife wasn't involved but still gets affected by it, why is that?

My mother and father seem to be in a hassle at the moment, my father committed a crime for trying to cross drugs and got sentenced to jail for about 8 months. At the time my mother was responsible for us but was not involved in anything that my father had done, she was taking care of us. However,... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 14, 2022

You hit the nail on the head: if a family member was deeded an accomplice of a criminal enterprise that may result in

civil and criminal penalties.

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1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: do police officers have the right to say they smell marijuana and then search your car? in Illinois

i got wrongly pulled over for a stop sign that led to my car being searched and me being in handcuffs because it smelled like marijuana i am trying to find out if what the cop did to me is wrong or not

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 14, 2022

Yes.

One of the legitimate investigative tools for the police is personal observation and senses. Thus, if a police officer detects a smell of controlled substances that provides a reasonable probable cause to continue to investigate possible contraband in the vehicle.

Secondly, if...
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1 Answer | Asked in DUI / DWI and Immigration Law for Indiana on
Q: i have a DUI in indianapolis IN. got deported and pending a u visa. warrant or writ active 2016. how to fix?

I was deteined by Ice the fisrt day of probation. While i was in jail and then deported my immigration attorney applied for asylum and U visa. currently USCIS is reviewing packages form February 2017 which is my package date. I went to check my case in Indianapolis and it show up I have a warrant... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 12, 2022

Your Indiana criminal case and the original state criminal warrant must be handled by the Indiana licensed criminal law attorney immediately, however, even generally, for a regular warrant quashing the defendant must be physically present.

Thus, you need to discuss your Indiana criminal...
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1 Answer | Asked in Immigration Law for California on
Q: Filed asylum on 10/20/2005. Case is administratively closed. Do I qualify as: alien whose deportation is being withheld?

An alien whose deportation is being withheld under § 243(h) of such Act [8 U.S.C. 1253] (as in effect immediately before the effective date of § 307 of division C of Public Law 104–208) or § 241(b) (3) of such Act [8 U.S.C. 1231 (b)(3)] (as amended by § 305(a) of division C of Public Law 104–208)

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 11, 2022

Your entire immigration court procedural history must be examined by a licensed professional in order to advise you accurately.

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Oregon on
Q: Does one have a chance to come back to U.S. after being deported for aggravated felonies if mother is a U.S. Citizen?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 11, 2022

In my opinion after a removal for several aggravated felonies convictions the chances of being permitted for admission to the United States are nil, notwithstanding the legal status of immediate family members in the U.S.

3 Answers | Asked in Immigration Law for Virginia on
Q: I am going to marry my girlfriend who is an au pair. What’s the next step in getting her to be a us citizen?

I think she will finish out her au pair job until December. I would like to get married before then to start up the process. I just need to know what to do next and how much I will need to save for this. Thank you.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 11, 2022

That is a very detailed discussion to address in one paragraph. Consider reaching out a professional of your choice.

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1 Answer | Asked in Criminal Law for Illinois on
Q: If I'm on my own property,sensory training my dog with a horn, am I in violation of Hunter Interference act Illinois?

Hunters are hunting in the field across from my home. They are set up 100 yards away from my property line, which is in regulation. I sensory train my dog in my yard, on my property with a loud horn, which might disrupt the hunters. Am I in violation of hunter interference act of Illinois?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 11, 2022

Yes, since your horn emits the loud sound that does interfere with legitimate hunting sound protocol even on your own property.

1 Answer | Asked in Immigration Law on
Q: I need the forms to apply for us citizenship waiver?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 11, 2022

All necessary forms and their instructions are available at USCIS.gov, where you also may research waiver eligibility for certain types of filing.

2 Answers | Asked in Immigration Law on
Q: Will my tourist visa be cancelled while I wait my permanent resident process?

My husband is an American Citizen, He lives in USA; I am Ecuadorian living in Ecuador. We married recently and will start the permanent resident process, but I wonder if during that process my visa is revoked because I travel every month to see him. Many people has told us that I won’t be able to... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 9, 2022

Possibly as your US spousal petition to adjust your status to LPR shows a dual immigrant intent.

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2 Answers | Asked in Immigration Law on
Q: Visa

Hello dear im from Russia and i was USA 2010-for work and travel 3 months valid visa. And i was applied f2 visa for study but its denied. Then i was there until 2012 september that time my daughter was born and we back to Russia That means i was in usa 2 years. How can i back to usa? Its posiible... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 8, 2022

You ask a series of very important questions that cannot be explained by one written paragraph remotely. You need to find and contact an experienced immigration attorney of your choice to discuss your legal chances of returning to the United States. We speak Russian and we would be able to discuss... Read more »

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1 Answer | Asked in Criminal Law and Immigration Law for California on
Q: Is there a preliminary background check before uscis sending the I-751 receipt notice with the 24 months extension?

Conditional permanent residents who properly file Form I-751 will receive a receipt notice that can be presented with their Permanent Resident Card, as evidence of continued status for up to 24 months past the expiration date on their Green Card, while their case remains pending with USCIS.... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 8, 2022

Before approving that extension of the green card, or removal of the conditions in LPR there will be a background check prior . When you face a federal indictment or pending criminal case that will affect that extension of the lawful status 100%.

2 Answers | Asked in Immigration Law for California on
Q: I’m in f1 visa , and I can ave no intention to go university, is that a problem if I start asylum issue without going un

I really can’t go back to my country because I have some serious problems affect on my life

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 12, 2022

IF you obtained a student F-1 visa and have no intention to attend classes that may constitute in itself immigration and visa fraud. I recommend discussing your prospects of asylum filing and other legal options ONLY in confidence with a selected licensed immigration attorney and off the public... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: I’m in f1 visa type , if I didn’t go to university and starting working in asylum issue is that a problem ?

I really can’t back to my country because I have serious problems affect on my life

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 11, 2022

The best legal option would be discussing every emerging immigration legal issue in confidence with a selected licensed professional as this unilateral format with scanty information does not ensure necessary legal guidance you need.

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2 Answers | Asked in Immigration Law for District of Columbia on
Q: Hi! I have a student status in US and a full time student. I plan on visiting my aunt and cousins in Canada this summer

However I am scared to leave since I do not have a visa. Is it a good decision to apply for a visa at the Embassy of US in Canada? Thank you so much!

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 6, 2022

I would not depart the U.S. without first discussing your obvious prospects of getting stuck abroad.

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