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Questions Answered by Alexander Ivakhnenko
1 Answer | Asked in Immigration Law for California on
Q: Middle name change after marriage, Should I do it?

I am a permanent resident of the USA since 2016(it's not a marriage-based green card).

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

Till now I have not changed my middle name, also while filling the N-400 I used my original name(maiden name). ... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

During an N-400 interview you may legally change your first and last name to anything you like, however, take notice that you would need to ensure that all your prior legal documents are in conformance with your selected legal name.

1 Answer | Asked in Immigration Law on
Q: Skilled Worker Visa remote work

Dear,

Kindly, I am on a Skilled Worker Visa working for an employer in the UK. I would like to check if there are any restrictions on working remotely for my employer as a temporary basis from outside the UK.

Thank you

Best Regards,

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

It appears that you need to consult with the employer's immigration attorney vested with professional responsibility to handle your immigrant visa case directly.

1 Answer | Asked in Family Law, Immigration Law, Child Custody and Child Support for Washington on
Q: Wife keeping son in Philippines against my will, didn't let him return with me, can I stop her from taking son again?

When my wife (with a US green card) eventually returns with my son (Who is a US citizen) to America, can I prevent her from taking him back to the Philippines and keeping him there against my will again?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

In some cases a custodial parent has a primary decision making ability with respect to the minor's whereabouts.

For instance, if the second parent lost or never obtained an ability for shared parental responsibilities then one may not prevent a legally custodial parent from traveling...
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1 Answer | Asked in Immigration Law on
Q: I sent in my N400 application with my documents to USCIS, but tracking on the USPS website doesn’t show picked up

I sent my application to:USCIS

Attn: N-400

P.O. Box 4380

Chicago, IL 60680-4380

The problem is the status on USPS doesn’t show my package was picked up. I did do a signature confirmation but it doesn’t show that anyone signed for it either. It says delivered and... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

You may wait to receive a submission acceptance confirmation Notice of Action which you should receive in several weeks. Just remain patient.

1 Answer | Asked in Immigration Law for Ohio on
Q: Reentry to US after loss of greencard

If one loses his green card, is there a way to return to the U.S. with a copy of the green card or by paying a visa fee at the border?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

You need to contact the closest U.S. Consular Visa Section to verify your LPR status and issue you a travel permit to return to the United States and then file I-90 to replace the lost federal document.

1 Answer | Asked in Immigration Law for New York on
Q: Traveling to Canada with I-155 Stamp on the foreign passport while waiting for the initial US green card.

Good morning, I wanted to know if it is possible for someone waiting for their initial US green card to visit Canada from US with the I-155 stamp on their foreign passport. Do Canadian officers create problems? Thanks.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 16, 2022

You may return to the US with the I-551 stamp in a valid passport , yet it would be up to Canadian officials to admit you.

1 Answer | Asked in Immigration Law on
Q: What kind of immigrant visa to choose if you have no family in US, but do have friends?

Hello

We are family of 4, two babies aged 8 month and girl aged 3 years. My husband is 31 and I'm 24. We curently live in Croatia and own our own company here. Right now we are working on our plans to move to California. In San Jose, CA, we have alot of friends. They are ready to file... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 15, 2022

You may apply for a standard visitor’s visa B-2.

1 Answer | Asked in Immigration Law and International Law for Ohio on
Q: I’m a legal permanent resident with a green card(Iranian refugee), how do I travel internationally without a passport?

I have to wait a few more years before I can be naturalized, how can I travel outside of the USA for vacation purposes for a few days(NOT TO MY BIRTH COUNTRY) without a passport, since I can’t get an American passport or an Iranian passport?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 15, 2022

You need to apply for a travel document form I-131 which you could find at a governmental site uscis.gov

1 Answer | Asked in Immigration Law for Massachusetts on
Q: First MCH was in 2011. Then few individual hearings but didn't call. Now get again MCH this month after 11 years.

CR1 thr marriage. ,I 751 denied in 2011. Applied in court for judge to review. Letter of notice of master calendar hearing in removal proceedings.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 14, 2022

What is the reason you do not retain a local immigration counsel to review the I-751 denial and assess your removal case de novo?

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...
View More

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.

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