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Questions Answered by Alexander Ivakhnenko
1 Answer | Asked in Employment Law and Immigration Law for Virginia on
Q: we need an immigration lawyer that expedite my mom and sister case from Afghanistan

we have submitted the case to USCIS and form I-130 has been submitted, questions were asked and all related document asked submitted. they have travelled to third country as well, we want a lawyer who can expedite the case so that they can inter US ASAP.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 14, 2022

Such cases cannot ever be expedited even with assistance of a licensed attorney as each case is accepted and placed on a waiting track as they are processed.

1 Answer | Asked in Immigration Law for Texas on
Q: Can I remarry if I obtained greencard thru ex wife

I have a greencard for 10 years i got the greencard thru my first marriage and I'm divorced now and I'm still a permeanant resident can I remarry a foreign spouse is there something called 5 year rule that restricts marriage or its just I need to wait 5 years before sponsering my new... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 13, 2022

There is no such thing as a "five year rule" to marry another person as you wish. However, you need to naturalize to become a USC in order to petition for your foreign national spouse, provided you marry that person.

1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: Is the smell of marijuana probable cause to search a vehicle in Illinois?

So what about the ruling from Judge Daniel Dalton that states that the odor of cannabis is not probable cause for a vehicle search? Is that only for Whiteside County?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 11, 2022

Yes. Although the State of Illinois legalized personal use of marijuana, however, its use while driving is still prohibited and may result in a charge of driving under the influence (same as DUI).

Therefore, a smell of marijuana from the vehicle creates a legitimate probable cause to...
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1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: What are the implications of starting a cannabis delivery service in Illinois?

I think a cash only approach that partnered with local dispensaries sounds like a sound business opportunity. But I am wondering what I am missing

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 9, 2022

Delving into commercial sales of marijuana in Illinois is an extremely complex undertaking that has many nuances. You may begin with contacting the State of Illinois respective agencies for more information.

1 Answer | Asked in Civil Rights, Criminal Law, Civil Litigation and Federal Crimes for Illinois on
Q: I would like to file a civil lawsuit against someone for money that was borrowed, fraud, and emotional distress.

I am from Illinois but the individual has moved to New York. The amount is over $10,000. I am currently in litigation with this person for a different matter. If I file a civil suit, would I be able to serve him during our upcoming family court hearing (it's via Zoom)? We both have attorneys.... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 9, 2022

You are represented by a licensed counsel and it would be improper to suggest any course of action remotely without any case familiarity or case review by anyone.

1 Answer | Asked in Immigration Law for Illinois on
Q: I-912 got rejected ( fee waiver)

I recently submitted a i-912 with my i-90 but it got rejected. My reason is that my card got lost or stolen ( they sent it to my old address). My criteria is that I am below poverty.

USCIS is asking for evidence such as Tax returns and pay stubs. But I just moved to the US and I am cant... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 9, 2022

1. You have to update the address within ten days of moving by way of submitting AR-11 online and by mail to each respective USCIS facility as directed. That way the card would be delivered properly.

2. The USCIS may, at its discretion, reject granting a fee waiver for certain reasons...
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1 Answer | Asked in Immigration Law on
Q: What is a good medical reason to get expedite request approved from.NVC on behalf of beneficiary.
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 9, 2022

A compelling medical reason may create aground to expedite. Any fabricated one will create a denial.

1 Answer | Asked in Immigration Law for New York on
Q: What are the requirements to sponsor a person from out of the U.S.? (belize)

I want to sponsor a person from another country> however, I don't know what the US requirements are?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Go to the USCIS site at USCIS.gov. In the right top corner type: I-134 (Affidavit of support), after that scroll down to the line "instructions" where you may learn all requirements for that affidavit of support.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Illinois on
Q: What if a parent refuses to surrender their child for the other parents parenting time over a lengthy course of time?

Does the affirmative defense to child abduction that " (1) the person had custody of the child pursuant to a court order granting legal custody or visitation rights that existed at the time of the alleged violation" apply if the person has partial custody of the child but detains them for... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Hard to say without knowing more about the case. In any event the primary document of allocation of parental responsibilities may provide an affirmative defense to that criminal allegation.

However, if you ask that question, it seems you need a criminal attorney yesterday.

1 Answer | Asked in Criminal Law for Illinois on
Q: My ex hit me and tried to break my car windows and broke my door I was wondering if there was anything I could do

Also 3 other girls who have been with him reached out to me and told me he has hit them and 2 of the three had been raped.. his dad also abused women before he had died

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Go to the local police station and file a police report immediately for possible criminal charges.

1 Answer | Asked in Criminal Law and Federal Crimes for Illinois on
Q: How long would a 14 year old go to jail for murder?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Impossible to answer as any murder case is unique and varies greatly by details and circumstances. The best person to ask would be the counsel of record.

1 Answer | Asked in Criminal Law for Illinois on
Q: How a hearing is cancelled to dismiss asking for pretrial monitoring to be dismissed but they could not find the order?

A first time offender on an alleged possession charge they put me on pretrial monitoring. I asked my attorney to have a hearing to have me released from this monitoring for I am not a danger to society and i show up for court. I go to court to have this hearing which my attorney tells me the court... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Discuss every case detail with the court assigned attorney familiar with your case.

1 Answer | Asked in Criminal Law for Illinois on
Q: Q: How a hearing is cancelled to dismiss asking for pretrial monitoring to be dismissed but they couldn’t find order…..

A first time offender on an alleged possession charge they put me on pretrial monitoring. I asked my attorney to have a hearing to have me released from this monitoring for I am not a danger to society and i show up for court. I go to court to have this hearing which my attorney tells me the court... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

If you have a court appointed attorney familiar with the case and its details, inquire directly as no one online would be more familiar with the case than that professional.

1 Answer | Asked in Criminal Law for Illinois on
Q: If i pour a coffee on a neighbor’s windshield and the cops come, neighbors decline to press charges..can press later?

Neighbors declined to press charges then…can they change their mind after months? The problem is now they seemed to have retaliated by actually damaging my wife’s car with scratches

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

In theory that person may file a police report seeking criminal charges be approved at a later time, yet, I do not remember a single case of such minor matter being charged later on.

As far as criminal property damage to your spouse's vehicle, you may file a police report and provide...
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1 Answer | Asked in Criminal Law for Illinois on
Q: If a court loses record of a court order u are requesting a hearing for to have it dropped…what happens?

When requesting a hearing to ask the court to dismiss a pretrial monitoring due to the fact u have no record and pose no risk to society…If u request a hearing to ask the judge to drop or dismiss the order and the order cannot be found the day of the hearing by the court is the hearing just... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Impossible to handle that criminal case by way of a remote legal note without any ability to learn the case documents, discuss options with the court and the assigned prosecutor.

That case requires a counsel of record.

1 Answer | Asked in Criminal Law for Illinois on
Q: Can the same 3 statues on the subject be considered vague
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Anything is possible, especially if one is challenging the statutes on the subject of vagueness, however, each relevant statute must be examined by an experienced professional for the matter.

1 Answer | Asked in Criminal Law and Intellectual Property for Illinois on
Q: What would the penalty be if someone trespassed on private property, took photos of me in my swimsuit without my consent

photos and videos of me behind a privacy fence, on privacy property, without my knowledge or consent and distributed them to anyone

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Assemble your evidence and present it to the local prosecutor for possible criminal charges.

1 Answer | Asked in Criminal Law for Illinois on
Q: Can you deliver tobacco to a prisoner at job sight on work release in Missouri
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

I do not practice law in Missouri, however, even generally, anything from the list of controlled substances delivered to a prisoner will be considered prohibited contraband subject to criminal penalties.

1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Domestic Violence for Illinois on
Q: How do I submit or produce videos at my court trial? What are the rules of evidence to get them in?

How do I submit or produce videos at my court trial?

I have a small claims trial coming up and I would like to know how or what are the rules of evidence to get videos I would like to show the judge in my case.

I have put them in for discovery so the other party does have a copy.... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

No attorney will guide you online how to practice law without an ability to supervise and monitor your actions as that would amount to malpractice.

Either seek guidance from requisite legal sources how to admit evidence in court or seek counsel.

Q: Can a coworker obtain a no contact stalking order and us continue to work at the same company, or do I have to quit?

A coworker filed a petition for a no contact stalking, alleging that I have harassed and intimidated them while at work, damaged their property. Coworker has never mention these allegations to our supervisor/HR dept., never made them aware that they were filing a petition. Coworker did not aware... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

It appears that you may have to retain counsel to protect your legal interests with respect to that no contact petition that will affect your employment directly.

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