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Immigration Law Questions & Answers
0 Answers | Asked in Immigration Law on
Q: Labour case visa issue

My residance visa limited my owner ask me cancel my visa before 18 day not going work my salary panding and ma stay home plz help me how i will give my money and cancel my visa without ban

2 Answers | Asked in Immigration Law for New York on
Q: USCIS, I-485 Adjustment status is out of normal processing time, Pending security checks

I got my adjustment status pending,

Filed it July of 2018 in NY, then moved and changed an address to Florida in January of 2019,

now they say security checks pending..

Why is it that slow, I have no criminal records, never had one..

How to move it from a dead point?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 17, 2021

It is a typical situation as the personnel shortage, changing the address, pandemic case backups and other USCIS priorities create a definite delay for many applicants.

You may call the USCIS Customer Service number from your received correspondence, ask to speak with a live agent from...
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2 Answers | Asked in Immigration Law for Florida on
Q: Is there a law in Florida that says your driver license has to match your permanent residency or your social security ?

I went to renew my license and the DMV changed my license without advising putting my last name from my permanent residency instead of what on my social security card. I looked at the real Id act and everything said the license must match the social security card

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 17, 2021

You may bring your issued state driver's license and request it to conform with your legal name on your Lawful Permanent Residence Card and your foreign passport.

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2 Answers | Asked in Immigration Law for Missouri on
Q: How can I marry my immigrant girlfriend of 2 years whom is in St.louis county jail currently?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 17, 2021

You need to ask the prison officials on the protocol of marrying its inmate.

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1 Answer | Asked in Immigration Law for Iowa on
Q: Regarding h1 b 60 day frace period

My current H1B validity period: 03/2021-03/2024, but my last day for the job is 08/15/2021

I got a new job. The new employer wants to file an H1B transfer petition before 10/15/2021 (within the 60 day grace period) but the start date mentioned in the offer letter is 11/01/2021.

If... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 16, 2021

Each H1b case must have an assigned counsel at no charge retained by the YS sponsoring company, if it is a genuinely credible petition.?

2 Answers | Asked in Immigration Law for Texas on
Q: Applying for citizenship for green card holders?

Hello, my wife and I got our white cards approved on Nov 2nd of 2016 and we got our green cards in December of 2018. When can we start the process of applying for citizenship?

Does legal permanent resident timeline start with green card or white card?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 16, 2021

If you were paroled into the United States as refugees or asylums and received your LPR status in December of 2018 then you may file for naturalization in exactly four years and one day in December of 2022, provided you qualify otherwise.

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1 Answer | Asked in Immigration Law for Minnesota on
Q: how does getting a visa through a sibling work?

my mom is undocumented. I recently saw that she can get a visa through her siblings since they were born here. However, both of them sponsored my aunties husband to get his visa. Can they still sponsor her? How long does the process usually take?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 17, 2021

Yes.

If your mother's children were born in the United States and turned 21 years of age they could petition your undocumented mother to adjust the status to Lawful Permanent Residency.

2 Answers | Asked in Immigration Law and Tax Law for Virginia on
Q: Amending previous returns status from single to married to Non Resident Alien, no SSN or ITIN back then.

I am a US resident and have been mistakenly filing taxes under Single, I know now that I should have been using the Married status eventhough my then husband lived abroad and had NEVER been to the US and had no income tied to the US. He never got an ITIN and I saw that I could have used the mention... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 15, 2021

You coulda mend prit tax returns with your CPA or accountant. In terms of discussing your foreign national spouse ssn and other issues a comprehensive legal review is necessary with an attorney of your selection.

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2 Answers | Asked in Immigration Law for Ohio on
Q: I9 question

I became a citizen 3 days ago and have to wait at least 10 days to update my SSN. I have to fill out an I9 for a new job. Should I select permanent resident or citizen? My permanent resident card was still valid but I had to surrender it upon taking the oath. Thank you.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 15, 2021

If you legally became U.S. Citizen after an oath ceremony you have to state USC and cannot write LPR, Social Security Number notwithstanding.

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3 Answers | Asked in Immigration Law on
Q: How can an Indian apply for US citizenship?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 15, 2021

Statutorily there are no legal grounds for a foreign Indian national to seek U.S. Citizenship, unless that foreign national qualifies to naturalize under a number of statutorily available legal pathways. There are numerous to describe as a foreign national may seek asylum, immigration visa, lawful... Read more »

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4 Answers | Asked in Immigration Law for Florida on
Q: I overstayed my ESTA with an European passport, but I am also Cuban, can I apply for CAA?

I have dual nationality and I travelled to the US on an ESTA with my European passport. However it is coming up to a year I have been in the US. Can I apply for CAA with my cuban passport and be able to stay legally in the US?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 14, 2021

The bars to adjustment enumerated in Immigration & Nationality Act (INA) 245(c) are inapplicable. So, one who was admitted as nonimmigrant visitor without a visa under the Visa Waiver Program (what you referred to as ESTA) can, assuming all other requirements for the Cuban Adjustment Act (CCA)... Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: Employment History on form I-485 as an F1 Student. What to put?

I’m an F1 student and we’re currently preparing a family petition green card application and I’ve never gotten a clear answer in what to put in the employment history section for most recent employment. Do I put unemployed since I’m a student? Do I put student? Or do I put unemployed and... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 14, 2021

You need to provide clear, full and accurate answers. For instance, if you were an F-1 student you need to state exactly that with the corresponding dates. Since you need to account for five past years of employment history, go back chronologically and list any employment places if applicable.

3 Answers | Asked in Immigration Law for Florida on
Q: While filling I-130 application online the system would not allow me to put a future date for NTA Which is in Aug 2022!.

While I was filling my I-130 application online I came to the question if I have had any removal proceedings so I assumed that I did because of NTA but then in the part where I have to type the place and date of hearing, the system would not allow me to put a future date.

What should I do?... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Sep 14, 2021

Hi, I would put the date the NTA was issued which should be a date in the past and when you were notified. Hope this helps. Good luck!

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1 Answer | Asked in Immigration Law and Legal Malpractice on
Q: my sponsor has withdrawn my PR without my noticedon't know the reason for cancelling. he is in Canada and not responding

I need help to address this issue as I'm the applicant

Kyndra L Mulder
Kyndra L Mulder answered on Sep 14, 2021

PR generally refers to Permanent Resident. That being said, you question makes no since.

2 Answers | Asked in Immigration Law on
Q: Hi I was denied entry to USA in 2016. I was allowed to withdraw my application and they have put section 212 a 7 a i.

My background.

I was in USA from 2009 to 2013. I have studied and worked on my OPT in usa. My whole family lives in USA ( 2 sisters, 1 brother and my mom). I moved to Kenya in 2013 after marriage. I have visited USA in 2015 for 3 months on visitor visa and again in 2016 for 6 months. In... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 13, 2021

You triggered inadequate documents finding with your frequent travel, frequent stays, attempted entry from the third county without returning to your home county.

In fact, your file contains a perceived dual immigration intent, based on your narrative.

Now you require a waiver.

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2 Answers | Asked in Immigration Law for Arizona on
Q: my dad was approved for family reunion with me. He came to US with I-94 without interview. How can we continue our case?

I applied for family reunion with my dad while he stayed in Mexico as a tourist. He was approved for reunion and USCIS sent us to NVC. We submitted all the required documentation and NVC received them and tried to schedule an appointment for us in US Embassy of Juarez, Mexico. However, US embassy... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 13, 2021

A case review is required for your submission. If you father was paroled into the United States there may be a possibility to adjust his status without Consular Processing. But that legal analysis can be determined only after a full case review.

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1 Answer | Asked in Immigration Law and Military Law for Nevada on
Q: Can someone get their parents their papers even if they have been discharged from the military.

The papers have already been sent to D.C. for processing so they can get their citizenship. This started because of the enlistment into the military and the constant talk with a lawyer. But if the person is discharged, can they still get their parents their papers?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 13, 2021

Possibly, based on one's military discharge status and other factors. You indicated the parents do have a licensed immigration counsel which should be the best legal route as that professional should be intimately familiar with the case fine, correspondence, case filing and evidentiary case support.

1 Answer | Asked in Family Law, Immigration Law, Child Custody and Child Support on
Q: I am a minor currently living in Italy. My parents are out of the picture. What is the best course of action?

I want to migrate to the US. I know minors, even unaccompanied homeless immigrants with no legal status, have the right to enroll themselves in school, but what then? I have no relatives or friends in the US. How do I even get a job if I have no legal standing? My goal is to get emancipation, but... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 13, 2021

You are mistaken.

1. You will have hard time traveling to the United States by any commercial carrier absent of parental consent as no airline would board you.

2. Secondly, you may not simply board a plane and assume entitlement to work, school or social services in the United...
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2 Answers | Asked in Immigration Law for Wisconsin on
Q: Is the "Preparer" of the I-130A also the "Interpreter" for the I-130A?

'm the husband (sponsor) of my wife (the beneficiary). I prepared the I-130A for my wife and listed myself as the Preparer. Do I also have to list myself as the Interpreter? My wife speaks English, but if there's any part that she reads and needs a clarification from me on what it is, do... Read more »

Agnes Jury
Agnes Jury answered on Sep 13, 2021

If she speaks English and knows the words but you are helping her understand the meaning of something (rather than translate from English to her native language) then I don't think you need to list yourself as the interpreter. Best wishes!

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2 Answers | Asked in Immigration Law for New York on
Q: There will be any problem in my citizenship application if my spouse citizenship is denied for immigration mistakes?

Hi I want to apply for my citizenship. My spouse citizenship is denied for not submitting the RFE’s because her attorney told that not to submit. Because it can leads to her to removal proceeding. This situation will cause any problem in my citizenship application if I applied for citizenship .... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 12, 2021

This situation definitely may create a domino effect if your spousal’s situation is examined for possible immigration fraud.

I suggest consulting without any delay with an experienced immigration attorney.

There is no room for mistake here.

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