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Questions Answered by Alexander Ivakhnenko
2 Answers | Asked in Immigration Law and Child Custody for Florida on
Q: Are there any other documentation I can present to prove my case in acquiring a US Passport?

My father filed a petition for me under the CCA Section 320 and I immigrated to the US 19 days before my 18th birthday. I have since applied for a US Passport and the office is requesting the following:

Evidence that shows I was in the sole or joint legal and physical custody of my US... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 14, 2021

" Evidence that shows I was in the sole or joint legal and physical custody of my US citizen parent pursuant to lawful admission for permanent residence such as a custody decree or the death certificate of my non-US citizen parent. "

You may consider sworn legal notarized...
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3 Answers | Asked in Immigration Law for Pennsylvania on
Q: If I over stay my non- imgrant visa is there a way for me to live in the u.s legally and work
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 17, 2021

Impossible to answer as your note lacks essential facts. But even generally, a visa overstay begins to acquire unlawful presence and one that time exceeds one year that visa overstayed foreign national triggers a statutory ten year inadmissibility finding.

Secondly, that alien is not...
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2 Answers | Asked in Immigration Law for North Carolina on
Q: Hi, What’s the process to dispute someone reporting us for marriage fraud?

Just to add some context to the question, my wife and I recently got married and we’re working on getting her green card (she’s currently covered through DACA).

When I met my wife, I had a friendship with someone that ended pretty badly and we haven’t talked in about 2 years until... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 17, 2021

The USCIS receives many complaints from disgruntled individuals who allege, out of vengeance, envy, or other personal motifs , to present one's bona fide marriage as "fake", or "fabricated."

In the meantime, completely ignore that person and possibly block her from...
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3 Answers | Asked in Immigration Law for Texas on
Q: Do we have to wait after our marriage to file for a marriage based green card

We got married about 3 weeks ago after me being here for 8 months as a student. Is there a waiting period before filing?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 17, 2021

Once one is married to a USC that USCIS may immediately petition one's foreign national spouse to adjust the status to LPR by way of a complete concurrent I-130, I-486 submission.

It would be prudent to prepare everything correctly with an attorney of your choice.

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2 Answers | Asked in DUI / DWI for Florida on
Q: I live in FL but received a 4th DUI in MI but they only charged me for a 1st time DUI what will happen in FL?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 23, 2021

You must immediately retain a local criminal defense counsel in that Michigan county to protect your legal rights. It does not look great for your driving privileges.

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2 Answers | Asked in Immigration Law for Georgia on
Q: Can I still apply for a fiancé visa even if my fiancé is living in a different country with a expired visa?

Would they need to apply for refugee status in their current location then proceed? Or go to a different neighboring country with a visa and be there legally then proceed?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 12, 2021

You ask critical legal guidance to make the right decision.

Yet, based on the stated, it is apparent you may not completely fathom the legal nuances of the U.S. immigration law. I recommend an immediate legal consultation, remotely or in person with a reliable, knowledgeable, and...
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2 Answers | Asked in Divorce and Immigration Law for Massachusetts on
Q: Immigration does not recognize 1991 divorce from the DR. Does he have to get a divorce here in MA to be recognized?

Both husband and wife did not have a domicile in DR at the time of the divorce. Now in 2021, he is trying to remarry but immigration states before getting married to someone else he needs proof that one or both needed to reside in the Dominican Republic of which neither lived in DR. Is there... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 10, 2021

It certainly presents a problem as if the USCIS does not recognize that DR dissolution of marriage then any attempt to marry a person in the United States would create an allegation of polygamy (being married to two or more people a the same time).

It definitely needs to be properly completed.

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3 Answers | Asked in Immigration Law for New York on
Q: Will a civil marriage in the country of Georgia be accepted in the United States as legal?

I am a resident of New York State who is currently living and working in the country of Qatar and I plan to marry my Filipino fiance in the country of Georgia in November and apply for a spousal visa to the United States afterwards. And I just wanted to make sure that a marriage in the country of... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 13, 2021

If that planned marriage would be valid under the laws of Georgia, then under the Full Faith and Credit of the federal statutes, any valid bona fide marriage abroad receives the same recognition in any of the United States and its territories.

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3 Answers | Asked in Copyright and Trademark for Minnesota on
Q: What are the general rules for political slogans and their use on products that I would sell? Thanks in advance.

I am looking at printing some political shirts for my business in the coming years. I am wondering what the rules are for using political slogans on products that are intended for sale? Thanks

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 24, 2021

There are slogans, and there are slogans.

Even if the First Amendment protects free speech (slogans do fall under that), their purpose, content and meaning may be falling outside of the First Amendment protection if the slogan calls for violence, incites riots, unrests, or promotes open...
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2 Answers | Asked in Criminal Law for Illinois on
Q: Is it legal for me to date someone 16 when I'm 21 if we are both age of consent?

Nothing sexual about it

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 10, 2021

You are wrong.

A state resident under the age of 16 is cannot give a valid consent for any sexual activities of any nature. In fact, the age of consent in Illinois is 17. Thus, that 21 year old is exposing oneself to a variety of possible criminal charges of sexual nature, such as grooming...
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2 Answers | Asked in Business Law and International Law for Florida on
Q: Needing advice for subscription-as-a-service business model, USA and international.

My business, once launched, will collected recurring monthly charges to access advanced features on the platform (website and app), like SaaS. My business is currently an S Corp in Delaware, I reside and run the business from Florida.

What legal implications am I looking at? What countries... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 16, 2021

You need to commit to a comprehensive legal consultation in person with an attorney vested in international corporate law as there are too many nuances for one unilateral online paragraph.

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4 Answers | Asked in Immigration Law for Alabama on
Q: I live in alabama. My fiance is an undocumented immigrant. Would it be a good idea to get legally married ?

He has a valid passport and ID. I'm scared that in alabama, ICE will be involved quickly. And that our marriage wouldn't be classified as "legal."

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 12, 2021

It would be "not a good idea", it would be the best idea under the circumstances to marry an undocumented foreign national so you may proceed to legalize your spouse immediately with a concurrent I-130, I-485 package.

Also, it is truly beneficial that your undocumented (illegal...
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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: Criminal Investigation

If an individual has reason to believe that they are under criminal investigation, is there a way to find out before being served or arrested?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 21, 2021

Even generally, the investigating office does not share any confidential information on its target, thus, it is not possible to receive any answer to that.

But once you feel you are being investigated for any reason, immediately discuss your exposure to potential criminal charges at once...
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2 Answers | Asked in Bankruptcy for Indiana on
Q: Can civil resititution be added into a bankruptcy
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 13, 2021

Even generally, no court imposed restitutions, fines, fees etc may be discharged in bankruptcy.

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3 Answers | Asked in Immigration Law for New York on
Q: Can my wife apply for a green card if I do not have my own apartment?

Can my wife apply for a green card if I do not have my own apartment yet? I was residing outside of the US since I turned 18, and was living with my girlfriend, but now I am back in the US and live with my mom temporarily. Can my wife apply even though we do not have our own apartment in the US... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 16, 2021

Yes, your foreign national spouse may be sponsored by you (if you are a USC) regardless where you reside at the moment to adjust to LPR status.

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2 Answers | Asked in Criminal Law for Illinois on
Q: In Illinois does a cop have to issue a ticket after arresting someone for possession of meth?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 10, 2021

It depends.

We have seen cases when a criminal arrest incident to a probable cause traffic stop would result in no charges, additional criminal charges after a police, detective investigations, upgrade of the original charges and additional criminal charges by way of Grand Jury or...
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2 Answers | Asked in Employment Law, Workers' Compensation and Small Claims for Illinois on
Q: Is 820 ILCS 105/1-15 does not protect commercial drivers in the state of IL?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 13, 2021

It does as any employee earning salary or wages in the States of Illinois falls under that statutes:

Beginning January 1, 2021 - Guarantees a minimum wage of $11.00 per hour for workers 18 years of age and older. An employer where gratuities are paid to employee, may pay 60% of the minimum...
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3 Answers | Asked in Consumer Law, Contracts, Criminal Law and Civil Litigation for Louisiana on
Q: Is it criminal or civil? I have a friend who is accusing me of not giving him a refund of 800 dollars for some shrimp.

I DONT own a business but I do know of people in the seafood industry and at time I am able to get great deals. I had a friend who wanted shrimp but he changed the order at the last minute and I had to cancel it. I gave him his 850 dollars cash back but now he is saying I didn't pa him back. I... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 21, 2021

Could be either a small claim court or state criminal charge, depending on how it is filed, investigated and presented for approval.

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3 Answers | Asked in Divorce for Florida on
Q: My wife walked out on me 3 months ago and left me with our daughters - please help

We immigrated to USA from South Africa in March 2020. My wife of 22 years got a new job and she has left me (having an affair with her new boss) and our twin daughters aged 16. She does not pay child support, she only drops of a few bags of groceries every month, estimate about $140 worth total... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 16, 2021

You need to discuss your legal options with a Florida licensed counsel versed in family law in person.

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2 Answers | Asked in Criminal Law, Family Law, Child Support and Domestic Violence for Illinois on
Q: Can a judge suspend a case until another one is finished?

Prosecutor is in a more serious(felony) case vs a family court case. Is there any precedent notably in illinois that a Judge can suspend the lesser case until the more serious case is completed?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 12, 2021

It is not called "suspended", the presiding judge may continue or stay that pending case based on the another pending priority case, similar to what is happening to R. Kelly's criminal cases in Brooklyn, New York, federal court of the Illinois Northern District Eastern Division, Cook... View More

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