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Questions Answered by Alexander Ivakhnenko
2 Answers | Asked in Immigration Law on
Q: Hi I was denied entry to USA in 2016. I was allowed to withdraw my application and they have put section 212 a 7 a i.

My background.

I was in USA from 2009 to 2013. I have studied and worked on my OPT in usa. My whole family lives in USA ( 2 sisters, 1 brother and my mom). I moved to Kenya in 2013 after marriage. I have visited USA in 2015 for 3 months on visitor visa and again in 2016 for 6 months. In... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 13, 2021

You triggered inadequate documents finding with your frequent travel, frequent stays, attempted entry from the third county without returning to your home county.

In fact, your file contains a perceived dual immigration intent, based on your narrative.

Now you require a waiver.

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1 Answer | Asked in Real Estate Law for Illinois on
Q: How can I buy a piece of property, which is currently owned by a dissolved (20-30 years) home owners association?

I live on a small lake in Illinois with about 42 homes on it. Sometime in the late 1980's or early 1990's, the home owners association was completely dissolved. Several of the common outlots were sold to private citizens, except one outlot. This outlot has sat without any tax bill since... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 13, 2021

You may start with the county's assessors officer to determine those necessary legal entities to initiate your purchase, if merited at that time.

1 Answer | Asked in Traffic Tickets, Criminal Law and DUI / DWI for Indiana on
Q: Revoked license in IL, driving in Indianapolis on a valid Michigan drivers license. Is there a punishment, from IMPD?

Could Indianapolis police arrest the driver, having previously been revoked in Illinois despite the valid Michigan license?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 13, 2021

All mentioned states are the members of the Interstate Compact Agreement that share driver's information for the purposes of issuing, revoking, and suspending one's privileges.

Thus, by routine traffic stop, an Indiana police officer or a state trooper may see the actual status...
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2 Answers | Asked in DUI / DWI for Pennsylvania on
Q: In the state of PA if a sober driver is pulled over while the passenger is under the influence, is the driver penalized?

In a situation where a police officer would pull a vehicle over in the incident of a passenger being under the influence, not the driver, would the driver receive penalities (DUI, Possesion, etc) even though the action is not on them AND the driver is sober through a FST (Field Sobriety Test)??

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 23, 2021

Logically, no, as that would place every Lyft, Uber and cab driver driving any weekend night in jeopardy.

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2 Answers | Asked in Immigration Law for Arizona on
Q: my dad was approved for family reunion with me. He came to US with I-94 without interview. How can we continue our case?

I applied for family reunion with my dad while he stayed in Mexico as a tourist. He was approved for reunion and USCIS sent us to NVC. We submitted all the required documentation and NVC received them and tried to schedule an appointment for us in US Embassy of Juarez, Mexico. However, US embassy... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 13, 2021

A case review is required for your submission. If you father was paroled into the United States there may be a possibility to adjust his status without Consular Processing. But that legal analysis can be determined only after a full case review.

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1 Answer | Asked in Immigration Law and Education Law for Maryland on
Q: I have a pending asylum, can I get instate tuition. I have a work permit and a SSN. I work and pay taxes in Maryland.
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 13, 2021

Pending asylum does not confer any status to an asylum applicant. You are only permitted to remain in the U.S. and may receive an EAD and a Social Security Number to engage in lawful employment.

However, for the purposes of qualifying for an instate tuition you need to discuss it with the...
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1 Answer | Asked in Family Law, Immigration Law, Child Custody and Child Support on
Q: I am a minor currently living in Italy. My parents are out of the picture. What is the best course of action?

I want to migrate to the US. I know minors, even unaccompanied homeless immigrants with no legal status, have the right to enroll themselves in school, but what then? I have no relatives or friends in the US. How do I even get a job if I have no legal standing? My goal is to get emancipation, but... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 13, 2021

You are mistaken.

1. You will have hard time traveling to the United States by any commercial carrier absent of parental consent as no airline would board you.

2. Secondly, you may not simply board a plane and assume entitlement to work, school or social services in the United...
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1 Answer | Asked in Immigration Law and Military Law for Nevada on
Q: Can someone get their parents their papers even if they have been discharged from the military.

The papers have already been sent to D.C. for processing so they can get their citizenship. This started because of the enlistment into the military and the constant talk with a lawyer. But if the person is discharged, can they still get their parents their papers?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 13, 2021

Possibly, based on one's military discharge status and other factors. You indicated the parents do have a licensed immigration counsel which should be the best legal route as that professional should be intimately familiar with the case fine, correspondence, case filing and evidentiary case support.

2 Answers | Asked in Immigration Law for Wisconsin on
Q: Is the "Preparer" of the I-130A also the "Interpreter" for the I-130A?

'm the husband (sponsor) of my wife (the beneficiary). I prepared the I-130A for my wife and listed myself as the Preparer. Do I also have to list myself as the Interpreter? My wife speaks English, but if there's any part that she reads and needs a clarification from me on what it is, do... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 17, 2021

I would not confuse the filing. Since the spouse has basic ability to read and understand English, you do not need to list yourself as an interpreter on that form, however, provide complete answer's in corresponding places that you acted as a preparer.

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2 Answers | Asked in Immigration Law for New York on
Q: There will be any problem in my citizenship application if my spouse citizenship is denied for immigration mistakes?

Hi I want to apply for my citizenship. My spouse citizenship is denied for not submitting the RFE’s because her attorney told that not to submit. Because it can leads to her to removal proceeding. This situation will cause any problem in my citizenship application if I applied for citizenship .... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 12, 2021

This situation definitely may create a domino effect if your spousal’s situation is examined for possible immigration fraud.

I suggest consulting without any delay with an experienced immigration attorney.

There is no room for mistake here.

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1 Answer | Asked in Criminal Law and Constitutional Law for Illinois on
Q: What is code 3423
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 12, 2021

If we are talking about the Federal Code the relevant Code section of the US Code 12 is below:

12 U.S. Code § 3423 - Immunity from suit for disclosure of financial exploitation of senior citizens. the actual section content is available online.

1 Answer | Asked in Contracts and Criminal Law for Illinois on
Q: I have a complicated legal problem that starts with being charged with party to a crime for someone else's act

The people that committed the crime gained access to my car that was impounded when they wouldn't tell me where it was and they stole items from me out of my car in the police department I don't know how about going to file a lawsuit against the county the lawyer I paid every penny from... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 12, 2021

Avoid the very first, and sadly, the most typical legal mistake many people make in the beginning of the legal process: do not make any legal decisions, actions, filings, appearances, concessions, admissions, clarifications without first discussing your exact criminal exposure to possible criminal... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Moving while AOS and I130 Pending. Is the former household sponsor still acceptable?

Hello,

My wife and I live at home with her parents so we want to add her step dad as a household sponsor to meet the income requirements. In this case he would have to fill out Form I864A. But what happens if we filed everything now, put him as a household sponsor and then maybe move in... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 12, 2021

The submission will be as submitted on all merits with the included co-sponsor on file per I-864 and I-864A. However, shall your personal financials or co-sponsorship change you may always update the pending file with current updates accordingly.

3 Answers | Asked in Employment Law and Immigration Law for Texas on
Q: Is working remotely for a foreign country considered unauthorized employment without a valid working visa?

I live within the US and am in the process of adjustment of status

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 11, 2021

100% is it unauthorized employment in the US.

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3 Answers | Asked in Immigration Law for Florida on
Q: Hello Sir or Ma'am. My questions is: I have a family member that is detained at El Valle Detention facility.

My question is, can my family member be release from detention when she claimed refugee/asylum? she was detained when she crossed the border. She was in the united states when she got picked up. After so many calls and transfer, I called the deportation office, someone told me that my family member... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 13, 2021

There is no one easy answer to that issue. Once the undocumented alien is apprehended, and possibly claimed asylum on merits, the ICE and the DHS forward the generated case for a bond hearing of that detainee. A release on bond is not guaranteed as many factors come into play.

The most...
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2 Answers | Asked in Immigration Law on
Q: My wife and three children are applicants for a U.S. immigration visa.

However, one of them is getting married. Would this exclude him from the application?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 10, 2021

Possibly, as for certain legal Beneficiary the child should be under the age of 21 and not married.

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1 Answer | Asked in Immigration Law for California on
Q: I am on H4 ead visa.Valid for 2 years.Husband is forcing me to leave the US or he will leave to nullify my status.

Can my husband force me to leave the US or can he nullify my visa by traveling back to his country.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 10, 2021

Unfortunately, yes.

If the Principal H1B foreign national cancels one's immigrant visa scope, duties or status and travels to one's home country, then, by operation of law, any H4B Beneficiary loses one's Beneficiary lawful status as well.

In terms of "forcing...
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1 Answer | Asked in Criminal Law for Illinois on
Q: I have a PTR probation but what does local FC mean I see it on the website were I pay my fines
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 10, 2021

The best method to clarify acronyms and the web site terms for the purposes of understanding their actual meaning would be directly contacting the court clerk and seek further explanation of that language. However, a clerk may not issue a legal advice, thus, for that purpose it would make sense to... View More

1 Answer | Asked in Criminal Law, Animal / Dog Law, Appeals / Appellate Law and Civil Rights for Illinois on
Q: Is there a sample or an example of how a Writ of Certiorari is to be written/ drafted for a Georgia Superior Court?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 10, 2021

I do not practice in the State of Georgia, however, if you contact the Georgia Superior Court clerk directly you may request a template or example of that legal document for your purposes.

Also, the Clerk may refer you the the court Referral Desk where there could be a possibility to find...
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1 Answer | Asked in Criminal Law for Illinois on
Q: If an exemployer has video of retail theft your charged with why doesn't S.A or cops have it?

Going to court since Feb. 2021. I've been told there is video, but why hasn't xemployer gave that over? Its been atleast 6 months shouldn't that been turned into law enforcement to get An arrest to b made?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 10, 2021

You need to retain a licensed criminal defense counsel who legally is ENTITLED to request any incriminating or case relevant evidence in any format for the purposes of reviewing the allegations.

Also, one of then most critical legal mistakes people make is DISCUSSING ANY ALLEGED CRIMINAL...
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