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Questions Answered by Alexander Ivakhnenko
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.

1 Answer | Asked in Contracts and Immigration Law for Illinois on
Q: Have a legal signed contract with someone who got deported. Is it still valid?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 25, 2022

The contract validity is not at issue, even if that contract is valid, the contract party is not within the legal jurisdiction and that the contract’s performance could not be enforced, unless the party has its agent, assets or property for a judgment.

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

2 Answers | Asked in Immigration Law for Illinois on
Q: can i sponsor my dad for a green card if he’s getting deported back after a misdemeanor?

he was in prison for 4 years 25 years ago & he was deported then came back & he was just arrested for a misdemeanor caused by my uncle & my father was protecting his children & now he’s getting deported back

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 30, 2022

Based on the time your father served in prison that was a felony. Thus, by operation of law, the father is deemed removable as a convicted felon. You need to schedule a professional consultation with a licensed immigration attorney of your choosing to determine.

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3 Answers | Asked in Business Formation, Business Law, Immigration Law and Tax Law for Texas on
Q: I am Ukrainian citizen living in the USA as a student and I want to open an online business how should I pay taxes.

I am Ukrainian citizen living in the USA as a student waiting for my F-1 visa and TPS and I want to open an online business.

I want to open drop shipping business I have an Ukrainian card and I have a card in PNC bank that I just opened, but because I am minor it was opened on my host mom... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 20, 2022

Regardless of your immigration status, you must pay taxes.

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1 Answer | Asked in Civil Rights, Constitutional Law, Internet Law and Criminal Law for Illinois on
Q: what to do when police and media publish false statements to community of a person arrested for 1st degree murder

our small town corruption is all over this town the police are bias to me and my family to a point they do not help us and crimes commited against us are either flipped or completely ignored all together like a home invasion was committed at my home i had it on video and the police caught them in... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 31, 2022

Any criminal arrest may be discovered publicly. The charging decision lies with the prosecution after a felony review, based on the police investigation and other existing evidence.

1 Answer | Asked in Criminal Law for Illinois on
Q: do you go to jail of the arraignment date for a gun charge?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 31, 2022

No.

Arraignment is just a formal procedure to present criminal charges on the record in court requiring the defendant to verbally plea. (State on the record whether the defendant pleas guilty or not guilty, essentially).

Naturally, all other collateral aspects of the...
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2 Answers | Asked in Criminal Law for Illinois on
Q: what happens at an arraignment
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 31, 2022

Basically, formal reading of the criminal charges and their penalties, with a requirement for the defendant to plea (answer guilty or not guilty to the charges).

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1 Answer | Asked in Criminal Law for Illinois on
Q: Is it legal to pull some one over for an exposed licence plate light

Was pulled over for exposed licence plate light however working then searched and arrested for possession of less than 5 grams of meth can I fight the reason of being pulled over to make it an iligal search and seazure

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 30, 2022

The police has a legitimate probable cause to stop the vehicle with non compliant license plate. Furthermore, the police does not need a search warrant for a traffic stop search with a subsequently developed articulable reasonable suspicion or probable cause.

You may review your legal...
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1 Answer | Asked in Immigration Law on
Q: not enough Physical presence for the CRBA of my child. How can get my child a US passport and travel to the US? urgent

I became a US citizen through my father. He was a green card holder, went through the naturalization process, and became a US citizen (2002). Consequently, I became a US citizen as well when I was around 12 years old. (Circa 2004)

I never lived long-term in the USA just for a couple of... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 23, 2022

You pretty much made your own choices: you did establish a domicile in China, did not keep close ties to the US, and did not reside in the U.S. for the required five years to qualify the child to become a USC.

However, if you travel to the US as a USC and give birth to the baby girl here...
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1 Answer | Asked in Immigration Law and Family Law for Michigan on
Q: Married my husband in 2017 he is threatening to marry in his country when he goes for his next trip and is also threaten

Also threatening to leave me homeless he’s also waiting for immigration to approve his visa for citizenship

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 23, 2022

There are several legal issues that directly affect you in the areas of immigration and family law. In order to properly understand your legal strategy regarding your present spouse I recommend immediately consulting an experienced immigration attorney without any delay as you need to gather legal... View More

3 Answers | Asked in Immigration Law for Florida on
Q: Green Card Expired. What are my options?

My wife entered the US on a K1 visa. We were married shortly afterwards. She was granted a green card. We were unaware that the initial green card expires after 2 years. She's live with me in the US since 2013. We have a family. I'd like for her to be a permanent resident and be on the... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

The initial LPR card obtained as a result of adjusting a status based on a bona fide marriage of a US citizen states its term of validity on is front. Thus, by operation of law, her LPR status is deemed expired as its requirement to remove the condition was never filed within 90 days prior to its... View More

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1 Answer | Asked in Immigration Law for Georgia on
Q: I have an ATD Enrollment appointment. Should I apply for asylum (I-589) before the appointment?

I have not completed any documents and was released very quickly from a detention center. They said this appointment is to determine if I am eligible to apply for asylum but the document with the appointment does not specify this. The information on the document is very vague.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

You will benefit from immediately discussing your personal ability to seek asylum in the US with an experienced immigration attorney as that area of law is notoriously difficult for neophytes.

1 Answer | Asked in Immigration Law for California on
Q: Name change after marriage during Oath Ceremony. Should I change my name?

I am a permanent resident of the USA since 2016( this is not marriage based).

I am married in 2019 and I applied for US Citizenship in Jan 2022. 

Till now I have not changed my name, also while filling the N-400 I used my original name(the name before marriage). 

My... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

Up to you. During the interview you may elect to select any name you like.

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