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Questions Answered by Alexander Ivakhnenko
2 Answers | Asked in Criminal Law for Illinois on
Q: Say you get pulled over and your driving someone else’s vehicle do the police have the right to search said vehicle?

Like if your using their vehicle and you get pulled over don’t they need the registered owners permission to search the vehicle or at least impound the vehicle to be able to search it since it’s not your vehicle to give consent to allow them to search it

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 4, 2022

Yes.

Any motorist operating any vehicle may trigger a completely lawful traffic stop warrantless search if the traffic stop, the motorist’s conduct or statements, visible evidence of the contraband creates an articulable reasonable suspicion to conduct an investigation based on the...
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2 Answers | Asked in Immigration Law for Texas on
Q: My husband do family violence. He drinks and then beat me. Sometimes he hit my kids as well. I don’t have any valid visa

Can I do complain against him. If I do complain what will happen to me and my kids?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 3, 2022

The state and federal law provide you with a number of perfectly applicable legal actions to be safe from the domestic abuser regardless of your immigration status.

1. Immediately call the local police once you or your child are threatened, injured, beaten up etc. make a police report and...
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2 Answers | Asked in Immigration Law for Illinois on
Q: Can you apply for an immediate family green card while having a different-category green card pending?

Hi, can I apply for marriage based green card while having a pending case for a green card ( from a parent) that is expected to take another 3-4 years to complete? Do I need to withdraw from the old one or I should just only mention it in the new application where they ask?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 2, 2022

Yes.

If you are married to a USC and present in the U.S. you may initiate your adjustment of status at once.

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2 Answers | Asked in Immigration Law for New York on
Q: about permanent green card

Hi, At the time of our i-485 interview, our marriage was less than a year old. The case was approved, a permanent green card for 10 years came, and not a conditional green card for 2 years. In this case, is it necessary to apply for the removal of the conditions in 2 years, , even if my spouse have... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 30, 2021

Once you receive your ten year card there is no need to remove the conditions on your status.

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1 Answer | Asked in Criminal Law and Construction Law for Illinois on
Q: Im being investigated for home repair fraud but I have returned the money presumably before I have been charged Am I gud

I do driveway installation and recently I did work for a elderly lady, I I did not charge her more than I told her, I did everything I told I was going to do and I made sure to ask her if she was satisfied before she paid me. I also told her at any point if she was unhappy with the job to contact... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 30, 2021

That is why is it always essential to enter in a written contact with all terms and conditions spelled out in a clear form. That way, with any misunderstanding you have a written contact signed by both parties.

Now, back to your matter at hand.

In my professional opinion the local...
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2 Answers | Asked in Immigration Law for New York on
Q: I am a US citizen. Wife is from India and is a Green Card Holder. Can we bring her parents here from India?

Wife and I live in the US. Wife recently obtained Green card this year. We would like to bring her parents from India. Her parents are Indian citizens. Can we bring her parents here from India so that they can stay with us permanently? Do we fill out the normal I-130, I-485?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 29, 2021

Your Indian spouse must become a U.S. Citizen in order to sponsor her immediate family members for lawful permanent residency in the United States by submitting a stand alone I-130 for each parent to initiate that process.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Is it illegal to say "I am a licensed Medical Doctor" without saying or doing anything more? Just saying those 6 words.

So there is no patient or practice of medicine. No intent to do anything. Just only saying the words "I am a licensed Medical Doctor". Please do not read to much into it and think I am referring to anything more other than just speaking those 6 words. If there is no patient, practice,... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 29, 2021

Depends on the circumstances.

If one states I am a licensed Medical Doctor" and then provides a medical advice (no matter how trifle) that will constitute an unlawful practice of medicine without a license not to mention a hefty civil liabilities for damages if such may occur.

1 Answer | Asked in Appeals / Appellate Law and Immigration Law on
Q: Returning to the United States after removal order has been vacated pursuant to an appeal won at the 11th circuit
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 29, 2021

Whoever handled that appeal is supremely familiar with the case and its details and may provide a better guidance for admission purposes to the United States.

2 Answers | Asked in Immigration Law for New York on
Q: Hi Sir,I’m in USA from last 3 years and i came here with C1/D.Can i still apply for an asylum?Please suggest me thanks:)

I came in USA October 2018.Now I’m married here with a citizen.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 29, 2021

As you may know by now any credible asylum claim must be filed within first twelve months of entry to the United States absent any extraordinary circumstances and country conditions that may provide an articulable legal ground for filing after that first year.

Also, adjusting after the...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Process for H4 Visa. Really Important! Honest Answers appreciated Please

Hi, I have completed my Masters in USA and I'm currently working and I'm still on F1 OPT EAD. I haven't been to India since 2019 due to Pandemic. 2022 March will be the first filling for my H1B. If my H1B is approved,

1) how can I bring my husband to US whose in India right... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 28, 2021

You request a very detailed and extensive legal advice that requires a full consultation based on evidence, fact, documents, and your personal involvement it’s impossible to advise you based on that paragraph in a detailed fashion without your participation.

2 Answers | Asked in Immigration Law for New York on
Q: How can I apply for an ITIN number while being an undocumented student?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 28, 2021

You may ask your bank for that guidance but it is not a guarantee you could obtain one.

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1 Answer | Asked in Criminal Law for Illinois on
Q: I'm on probation. I was then arrested for a felony domestic violence which was later never filed and was thrown out.

However the state still filed a vop against me for the arrest. This would be my first violation, all other terms have been completed. Since there is now no actual charge pending against me, what can I expect to happen. Will this be dismissed or no violation found?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 28, 2021

I would promptly retain an experienced criminal defense counsel for a VOP hearing. Here is why. Even if the charges were not filed, the State may argue that it is still a de facto violation and the judge may agree to change its terms rendering you to an actual prison term.

In my opinion,...
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2 Answers | Asked in Immigration Law for Maryland on
Q: Do I have to submit my rent agreement with in my I-129f package, and can I use different mailing and physical address?

Should the rent agreement be included with fiancée visa application?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 27, 2021

While submitting your application you have to list your actual physical address in the United States.

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3 Answers | Asked in Immigration Law for Washington on
Q: Can asylum case transfer to work visa(H-1B visa)?

I have an asylum case in the immigration court( my hearing date is in 2023), I'm wondering if I get hired from a company, can I transfer my case to an H-1B visa?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 27, 2021

That is not possible to transfer a pending asylum case to an immigrant H1B visa because you’re most likely out of Status and only permitted to remain in the United States pending your asylum case in the Immigration Court.

Therefore, once your are out of status when you arrived on our...
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2 Answers | Asked in Immigration Law for Texas on
Q: Ex Husband left US for more than 10 yrs now after overstaying his visitors visa Can I file a K-1 visa for him?

We were married and divorced while he was out of the US

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 27, 2021

Yes, you may initiate a K one visa package for your ex spouse after he stayed in his current home country for 10 years.

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2 Answers | Asked in Immigration Law for Ohio on
Q: Hello, I am a US citizen and I have recently married a F1 visa student. She has been here for 120+ days.

I have know her from before as our family as friends so I was helping her get situated in her new school and we have found out we like each other. We can’t be intimate without marriage in our religion that ‘s why we got married fast.

My question is: do I need a lawyer in this case? Or... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 27, 2021

It is completely possible to adjust your future wife status to lawful permanent residency in the United States. In my opinion it requires an attorney because even a small or in your opinion insignificant mistake may result in a case being considerably delayed, rejected or even denied. I don’t... View More

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1 Answer | Asked in Immigration Law for Washington on
Q: How long does it take for marriage a green card if I'm in asylum status?

I have an asylum case in the immigration court( my hearing date is in 2023) and I'm going to marry a USC. I'm wondering should I request a motion to delay my asylum case and submit my I-130 form at the same time. In my case, how long does it usually take for I-130 approved? I'm in... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 26, 2021

You need to consult a licensed immigration counsel as there are many pitfalls in that fact pattern. You do not have the luxury of making a mistake with that case.

3 Answers | Asked in Domestic Violence and Immigration Law for Florida on
Q: I’m currently a temporary permanent resident and I’m married. However, my marriage involves a lot of emotional abuse.

None

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 26, 2021

You may do the following legal actions to retain levity and balance in your life:

1. Once you are physically threatened or abused call the police, make a police report documenting that abuse and domestic battery in applicable,

2. Go to the local criminal court and immediately file...
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1 Answer | Asked in Immigration Law and Tax Law for North Carolina on
Q: I'm a student in usa under F1 visa and I want to open a uk LTD and sell on the us market on eBay under my company name?

I'm a student in usa under F1 visa and I want to open a uk LTD and sell on the us market on eBay under my company name? It is legal to sell under my company name even if I'm not eligible to work under f1 visa and I should pay taxes to the us or uk government?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 23, 2021

That would be a de facto visa condition violation that will get your student status cancelled.

3 Answers | Asked in Immigration Law for Wisconsin on
Q: Which is easier: spousal immigration visa if the sponsor is in the US or if the sponsor shows intent to move to the US?

I'm an American citizen, married to a Chinese National. Both of us living in China. We'd like to minimize the amount of time we spend apart in our attempts to get my wife an immigration visa. Can a decent case be made to show intent of going to the US, so that we both can go at the same... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 23, 2021

It would be easier to adjust to lawful permanent resident status while a Beneficiary is in the US on a legitimate visa, however, one needs to avoid several possible mistakes that may result in a denial.

Consult further directly with an experienced immigration attorney of your choice.

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