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Questions Answered by Alexander Ivakhnenko
2 Answers | Asked in Immigration Law for New York on
Q: USCIS, I-485 Adjustment status is out of normal processing time, Pending security checks

I got my adjustment status pending,

Filed it July of 2018 in NY, then moved and changed an address to Florida in January of 2019,

now they say security checks pending..

Why is it that slow, I have no criminal records, never had one..

How to move it from a dead point?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 17, 2021

It is a typical situation as the personnel shortage, changing the address, pandemic case backups and other USCIS priorities create a definite delay for many applicants.

You may call the USCIS Customer Service number from your received correspondence, ask to speak with a live agent from...
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1 Answer | Asked in Libel & Slander and Criminal Law for Illinois on
Q: How long will they investigate, watch me

Continue to be watched and followed by two detectives. Was over a teen several months ago that emailed me.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 17, 2021

The law enforcement never comments or advises anyone about pending criminal investigations, however, the most vital thing for you to do is to immediately discuss your possible criminal exposure with licensed criminal defense attorney as anything you do, state or admit to without counsel will be... View More

2 Answers | Asked in Immigration Law for Florida on
Q: Is there a law in Florida that says your driver license has to match your permanent residency or your social security ?

I went to renew my license and the DMV changed my license without advising putting my last name from my permanent residency instead of what on my social security card. I looked at the real Id act and everything said the license must match the social security card

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 17, 2021

You may bring your issued state driver's license and request it to conform with your legal name on your Lawful Permanent Residence Card and your foreign passport.

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2 Answers | Asked in Immigration Law for Missouri on
Q: How can I marry my immigrant girlfriend of 2 years whom is in St.louis county jail currently?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 17, 2021

You need to ask the prison officials on the protocol of marrying its inmate.

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1 Answer | Asked in Immigration Law on
Q: How can I live in the USA while on filing. My mom started the filing since 2019. She recently became a US citizen.

I also have a US Visa.

I need some vital info on how to go about this process because I know it's possible.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 17, 2021

It appears that your inquiry lacks essential facts to go by and provide a lucid answer. You state that your mother initiated a submission on your behalf as a Beneficiary, yet, you do not mention what type. Also, you do not indicate what type of visa you have and whether you may be eligible to be... View More

1 Answer | Asked in Immigration Law for Minnesota on
Q: how does getting a visa through a sibling work?

my mom is undocumented. I recently saw that she can get a visa through her siblings since they were born here. However, both of them sponsored my aunties husband to get his visa. Can they still sponsor her? How long does the process usually take?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 17, 2021

Yes.

If your mother's children were born in the United States and turned 21 years of age they could petition your undocumented mother to adjust the status to Lawful Permanent Residency.

1 Answer | Asked in Immigration Law for Iowa on
Q: Regarding h1 b 60 day frace period

My current H1B validity period: 03/2021-03/2024, but my last day for the job is 08/15/2021

I got a new job. The new employer wants to file an H1B transfer petition before 10/15/2021 (within the 60 day grace period) but the start date mentioned in the offer letter is 11/01/2021.

If... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 16, 2021

Each H1b case must have an assigned counsel at no charge retained by the YS sponsoring company, if it is a genuinely credible petition.?

1 Answer | Asked in Business Formation, Business Law and Cannabis & Marijuana Law for Illinois on
Q: I want to start a cannabis business but licensing is too expensive in Illinois, how legal is it to sell cannabis clones

What is a Cannabis clone? A cannabis plant that is a genetic copy of the mother plant. When obtained from a reputable breeder, a clone is a young female cannabis plant with stable genetics. Growers typically select to raise clones instead of seeds when they would rather not risk getting a plant... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 16, 2021

No, it would not be legal as the State of Illinois requires a very strict licensing, regulation, and eligibility for any cannabis and its derivatives operation in the state.

Besides, such operation does not qualify as a Sec. 503 non-for profit entity as it would be geared towards profit...
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1 Answer | Asked in Divorce for Texas on
Q: My wife admits to adultery, but says we have nothing to share after 22 marriages.

My wife admits to adultery, but says we have nothing to share after 22 marriages. I asked my lawyer to answer my questions. But he didn't. Now my lawyer writes in the decree that the petitioner (I) is adulterous. Forcing me to sign if I don't sign no longer represents me. I was... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 16, 2021

You immediately fire that attorney who does not fairly and ethically represents your legal interests. In fact, it appears that that licensed professional courses you improperly to sign a fraudulent document admitting to adultery that will have a legal effect on your family law process.

2 Answers | Asked in Immigration Law for Texas on
Q: Applying for citizenship for green card holders?

Hello, my wife and I got our white cards approved on Nov 2nd of 2016 and we got our green cards in December of 2018. When can we start the process of applying for citizenship?

Does legal permanent resident timeline start with green card or white card?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 16, 2021

If you were paroled into the United States as refugees or asylums and received your LPR status in December of 2018 then you may file for naturalization in exactly four years and one day in December of 2022, provided you qualify otherwise.

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2 Answers | Asked in Immigration Law and Tax Law for Virginia on
Q: Amending previous returns status from single to married to Non Resident Alien, no SSN or ITIN back then.

I am a US resident and have been mistakenly filing taxes under Single, I know now that I should have been using the Married status eventhough my then husband lived abroad and had NEVER been to the US and had no income tied to the US. He never got an ITIN and I saw that I could have used the mention... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 15, 2021

You coulda mend prit tax returns with your CPA or accountant. In terms of discussing your foreign national spouse ssn and other issues a comprehensive legal review is necessary with an attorney of your selection.

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2 Answers | Asked in Immigration Law for Ohio on
Q: I9 question

I became a citizen 3 days ago and have to wait at least 10 days to update my SSN. I have to fill out an I9 for a new job. Should I select permanent resident or citizen? My permanent resident card was still valid but I had to surrender it upon taking the oath. Thank you.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 15, 2021

If you legally became U.S. Citizen after an oath ceremony you have to state USC and cannot write LPR, Social Security Number notwithstanding.

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2 Answers | Asked in Business Law and Employment Law for Michigan on
Q: Can I work for a staffing agency internally and as an employee contracted out by the agency to a client?

I work for a staffing firm that does payroll/hr/admin contracting for a large client. I’m a corporate employee who manages the hr system for both the staffing agency and the client, in the past I managed payroll for both companies as well (the contracted agency employees and the direct client... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 16, 2021

It sounds like a very suspect way of handling your professional duties as it reveals an obvious conflict of interest and tax liabilities that must be paid on behalf of the employee.

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3 Answers | Asked in Immigration Law on
Q: How can an Indian apply for US citizenship?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 15, 2021

Statutorily there are no legal grounds for a foreign Indian national to seek U.S. Citizenship, unless that foreign national qualifies to naturalize under a number of statutorily available legal pathways. There are numerous to describe as a foreign national may seek asylum, immigration visa, lawful... View More

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2 Answers | Asked in Car Accidents, Libel & Slander, Criminal Law and Civil Litigation for Illinois on
Q: Can a person take a picture of my car to use as evidence in their case?

A petitioner took a picture of my car to use for their evidence because they say that my car resembles a car they have video of but not plate number. The person took the picture without asking me. I explained that just because my car is the same model in their video doesn’t mean it proves it’s... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 15, 2021

No one needs your permission to take a picture of your car if it is visible anywhere. In fact, the photograph may be offered into evidence as corroborating evidentiary exhibit that may show that the make, model, shape, color and the type of the vehicle matches the one on the video.

A...
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4 Answers | Asked in Immigration Law for Florida on
Q: I overstayed my ESTA with an European passport, but I am also Cuban, can I apply for CAA?

I have dual nationality and I travelled to the US on an ESTA with my European passport. However it is coming up to a year I have been in the US. Can I apply for CAA with my cuban passport and be able to stay legally in the US?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 14, 2021

It does appear that you may seek adjustment under the CAA provisions based on your Cuban nationality, however, there are several eligibility criteria and legal nuances that you need to peruse prior. You may review preliminary eligibility criteria at the link below:... View More

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1 Answer | Asked in Immigration Law for Texas on
Q: Employment History on form I-485 as an F1 Student. What to put?

I’m an F1 student and we’re currently preparing a family petition green card application and I’ve never gotten a clear answer in what to put in the employment history section for most recent employment. Do I put unemployed since I’m a student? Do I put student? Or do I put unemployed and... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 14, 2021

You need to provide clear, full and accurate answers. For instance, if you were an F-1 student you need to state exactly that with the corresponding dates. Since you need to account for five past years of employment history, go back chronologically and list any employment places if applicable.

1 Answer | Asked in Immigration Law for Illinois on
Q: This person is here in the United States seeking for asylum because in his country he was kidnapped. He is arrested

He is arrested for entering the home of the ex wife and beating up the boyfriend. This person has schrizopenia and PTSD and since he is alone in this county he wasn't taking the medication. He has been hospitalized for this reason. IF he returns to Mexico his life in danger. this is what... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 14, 2021

You presented an asylum case on merits that has collateral procedural history and at the very least a few state criminal charges pending against him (criminal home invasion, criminal trespass, domestic battery or aggravated domestic battery). All of those are crimes of violence and trigger the... View More

3 Answers | Asked in Immigration Law for Florida on
Q: While filling I-130 application online the system would not allow me to put a future date for NTA Which is in Aug 2022!.

While I was filling my I-130 application online I came to the question if I have had any removal proceedings so I assumed that I did because of NTA but then in the part where I have to type the place and date of hearing, the system would not allow me to put a future date.

What should I do?... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 14, 2021

That is why we always recommend filing a hard paper form with its copy retained in a file. This way an exact submission is preserved with an ability to input all required data on the federal form.

Additionally, there is a possibility of the USCIS having glitches, flaws, internal errors that...
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2 Answers | Asked in Employment Law, Estate Planning and Business Law for Illinois on
Q: Can I list a specific chapter of a fraternity as a beneficiary on a 401K?

I'm opening a 401k with my new employer and want to know if I can list my former fraternity's chapter specifically as my beneficiary or not. Assume that there will be no spouse in the picture and that the beneficiary will be updated if there is.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 29, 2021

That would not be recommended for a number of reasons. Discuss your practical and more prudent plan with a tax attorney of your selection.

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