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Questions Answered by Alexander Ivakhnenko
1 Answer | Asked in Immigration Law on
Q: Just wondering if a lawyer calls you and has bad news, he would tell you over the phone right?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 15, 2022

It depends.

An attorney represents a client and has a standing obligation to advise one of any case developments, procedural updates and such.

However, an attorney representing a party may prefer to discuss the case in person or by a written exchange for a nu ben of confidential...
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3 Answers | Asked in Immigration Law for Maryland on
Q: My US wife abandoned our house with our kids. expecting appointment to remove my conditional residency. she might not go

My wife and I dated back home, and she moved to the US. We later got married, and I joined her in the US in 2018. We have two daughters together. Marriage has been a lot of arguments. Threw me out some times, but I refused to leave. She left house with the baby and wants a divorce. She even left me... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 10, 2022

Your situation is dire and requires an immediate legal consultation confidentially with an experienced immigration attorney of your choice without any delay.

One remote paragraph without your participation will not suffice.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Can a police detective question his own son as related to a criminal case in Illinois?

The detective questioned his son in regard to a case he may or may not had information regarding.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 2, 2022

The rule of initial engagement with any law enforcement officer or detective during any investigation stage must be the same: one should never discuss anything that may potentially incriminate or implicate that person with anyone without a licensed criminal defense attorney present. Never.... View More

1 Answer | Asked in Immigration Law for California on
Q: How can I get H1B stamp in my passport if I'm not allowed to go back to my country due to a pending asylum process?

stamp in my passport, the Change of status was approved (From an F-1 visa) and everything looks good. I'm also waiting for a decision on my Asylum application (immigrant visa). Waiting for the last interview.

The company that I work for requires some international travel and there is... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 26, 2022

Leaving the United States with a pending asylum status will place that pending case in jeopardy. Also, even with an H1B visa the pending asylum case will trigger a dual immigrant intent. A foreign travel is not recommended.

1 Answer | Asked in Immigration Law for New York on
Q: Can I travel to Canada with a green card extension letter and expired passport?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 24, 2022

Get your passport renewed at your consulate general and then travel.

2 Answers | Asked in Immigration Law and Traffic Tickets for California on
Q: I am a New Jersey resident, on H1B visa. I got a speeding ticket of 118mph on California free way.

What are the consequences. Is that a criminal offense is that gonna appear on criminal and background checks.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 24, 2022

1. Speeding over a certain milage is a quasi-criminal state misdemeanor offense,

2. That speeding citation will appear on one's driver's license background,

3. Also, if that traffic citation resulted in a brief traffic arrest, processing and release on a bond that arrest...
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3 Answers | Asked in Criminal Law and Immigration Law for Illinois on
Q: I am on H1 work permit and have recently been fined with Civil penalty (retail theft). shall I make payment or wait judg

I am an immigrant working on H1B work permit. I have recently been fined with Civil penalty (retail theft) and charged with misdemeanor.

Question:

1. Shall I make payment or wait for the judgement?

2. What is the consequence on immigration because of this?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 24, 2022

I would retain a criminal defense attorney as that crime of moral turpitude will negatively affect your H1B visa and it will be cancelled. The defense counsel once retained could request a hearing and amend that criminal charge to a non CIMT (Crime of Moral Turpitude charge) misdemeanor. Once... View More

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3 Answers | Asked in Immigration Law for Oregon on
Q: What forms are needed for a spouse to stay in the country legally?

My husband is from the UK here on a tourist visa. What forms do I need to fill out so he can stay??

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 18, 2022

No attorney will guide anyone remotely by way of a remote paragraph to handle such a complex issue as an adjustment of status for an immediate foreign national family member without any review and knowledge of the matter.

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2 Answers | Asked in Criminal Law, Immigration Law and Federal Crimes for Texas on
Q: I recently was charged for human “smuggling” in Texas passing the checkpoint in Zavala County, Texas. Please help

I don’t consider this to be smuggling since I didn’t gain no money and I didn’t cross anyone over the border the illegal aliens were already in Texas I just had to pick them up. And now I got a charge for this and pending court date.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 17, 2022

It is irrelevant whether you received any payment for your activities or whether the foreign nationals were in the United States: these are not the requisite elements of the current criminal charge you are facing, witch has a possibility of a prison sentence upon conviction.

You must...
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2 Answers | Asked in Immigration Law for Nevada on
Q: wife was here on a permanent resident Visa her visa expired last year

need to file form i-130 and they form 485 is there any other things that we need to file such as an Affidavit of Support

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 17, 2022

A concurrent submission for an adjustment of status with forms I-130 and I-485 must contain all requisites of prove ups of a genuine and authentic qualifying marriage.

It would be cheaper to consult with a licensed attorney than resuscitating a flawed submission.

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2 Answers | Asked in Immigration Law for Colorado on
Q: I want to travel to miami but I’m undocumented
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 17, 2022

If you are in possession of a valid ID or a foreign passport you may fly domestically, yet, any U.S. airport falls under the federal jurisdiction and occasionally has a federal task force immigration checks.

So, there's a risk of being apprehended, although remote.

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2 Answers | Asked in Immigration Law for New York on
Q: My wife and I did not live together for 5 months for work reasons. Would this affect the marital union timeline? 3 yrs

I am a US Citizen. My wife is on a temporary green card holder. My wife completed school recently. I worked in another state during this time, 5 months. Her and I would like to apply for her citizenship after 3 years, however it sounds like we needed to live together for 3 years. Would this... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 16, 2022

Your submission must contain bona fide profs of that marriage with documentation to support that premise.

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2 Answers | Asked in Divorce and Immigration Law on
Q: If a husband commits a crime, and the wife wasn't involved but still gets affected by it, why is that?

My mother and father seem to be in a hassle at the moment, my father committed a crime for trying to cross drugs and got sentenced to jail for about 8 months. At the time my mother was responsible for us but was not involved in anything that my father had done, she was taking care of us. However,... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 14, 2022

You hit the nail on the head: if a family member was deeded an accomplice of a criminal enterprise that may result in

civil and criminal penalties.

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1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: do police officers have the right to say they smell marijuana and then search your car? in Illinois

i got wrongly pulled over for a stop sign that led to my car being searched and me being in handcuffs because it smelled like marijuana i am trying to find out if what the cop did to me is wrong or not

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 14, 2022

Yes.

One of the legitimate investigative tools for the police is personal observation and senses. Thus, if a police officer detects a smell of controlled substances that provides a reasonable probable cause to continue to investigate possible contraband in the vehicle.

Secondly, if...
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1 Answer | Asked in DUI / DWI and Immigration Law for Indiana on
Q: i have a DUI in indianapolis IN. got deported and pending a u visa. warrant or writ active 2016. how to fix?

I was deteined by Ice the fisrt day of probation. While i was in jail and then deported my immigration attorney applied for asylum and U visa. currently USCIS is reviewing packages form February 2017 which is my package date. I went to check my case in Indianapolis and it show up I have a warrant... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 12, 2022

Your Indiana criminal case and the original state criminal warrant must be handled by the Indiana licensed criminal law attorney immediately, however, even generally, for a regular warrant quashing the defendant must be physically present.

Thus, you need to discuss your Indiana criminal...
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1 Answer | Asked in Immigration Law for California on
Q: Filed asylum on 10/20/2005. Case is administratively closed. Do I qualify as: alien whose deportation is being withheld?

An alien whose deportation is being withheld under § 243(h) of such Act [8 U.S.C. 1253] (as in effect immediately before the effective date of § 307 of division C of Public Law 104–208) or § 241(b) (3) of such Act [8 U.S.C. 1231 (b)(3)] (as amended by § 305(a) of division C of Public Law 104–208)

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 11, 2022

Your entire immigration court procedural history must be examined by a licensed professional in order to advise you accurately.

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Oregon on
Q: Does one have a chance to come back to U.S. after being deported for aggravated felonies if mother is a U.S. Citizen?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 11, 2022

In my opinion after a removal for several aggravated felonies convictions the chances of being permitted for admission to the United States are nil, notwithstanding the legal status of immediate family members in the U.S.

3 Answers | Asked in Immigration Law for Virginia on
Q: I am going to marry my girlfriend who is an au pair. What’s the next step in getting her to be a us citizen?

I think she will finish out her au pair job until December. I would like to get married before then to start up the process. I just need to know what to do next and how much I will need to save for this. Thank you.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 11, 2022

That is a very detailed discussion to address in one paragraph. Consider reaching out a professional of your choice.

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1 Answer | Asked in Criminal Law for Illinois on
Q: If I'm on my own property,sensory training my dog with a horn, am I in violation of Hunter Interference act Illinois?

Hunters are hunting in the field across from my home. They are set up 100 yards away from my property line, which is in regulation. I sensory train my dog in my yard, on my property with a loud horn, which might disrupt the hunters. Am I in violation of hunter interference act of Illinois?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 11, 2022

Yes, since your horn emits the loud sound that does interfere with legitimate hunting sound protocol even on your own property.

1 Answer | Asked in Immigration Law on
Q: I need the forms to apply for us citizenship waiver?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 11, 2022

All necessary forms and their instructions are available at USCIS.gov, where you also may research waiver eligibility for certain types of filing.

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