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New Jersey Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for New Jersey on
Q: Is it possible for me as a US citizen to invite a foreign citizen to the US who is not a family member to immigrate?

Is there anything I can do as a US citizen to help his immigration process?

James L. Arrasmith
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answered on Sep 7, 2023

As a U.S. citizen, your ability to "invite" someone who is not a family member to immigrate to the U.S. is limited. The main avenues available for sponsoring someone for immigration are family-based and employment-based sponsorships; without a family relationship or an employer-employee... View More

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1 Answer | Asked in Employment Law and Immigration Law for New Jersey on
Q: How can a foreign citizen find employment in the US? What are the options?

I know someone in another country who is a mechanical engineer with 5 years experience. He is willing to work in his field but will also consider an unskilled job since it might be difficult to get an H1B visa in his field in the US. How does he find the dirty jobs that often go unfilled in the US... View More

James L. Arrasmith
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answered on Sep 3, 2023

To find employment in the U.S., your friend has multiple visa options such as H-1B for specialized employment, or H-2B for seasonal or temporary non-agricultural work. For jobs that are often unfilled, employers who are open to hiring foreign workers may petition for H-2B visas. Networking, online... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: Hi! I was wondering if there was a way for me as a US citizen to invite my foreign boyfriend to live in the US with me?

I have known him for a year. Would I be able to sponsor him to even visit temporarily or to immigrate? And if not, what options are available for him?

Thank you!

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 17, 2023

You can sponsor him for a green card so he can live with you in the US if you get married. Consult with an immigration attorney on how to go about this.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Can u avoid deportation from U.S. if u have clean record, no problem ,paying taxes with green card ?

Hello, I have had a green card since 2015 through my parent's immigrant classification as a child of an alien. My parent obtained residency through my uncle, who is a citizen. However, my parent never entered the country for financial circumstances. I have been living here in the United States... View More

Monica E Rottermann
Monica E Rottermann
answered on May 30, 2023

You should consult with an immigration attorney who would have to review the denial to determine if USCIS is legally incorrect in their reasoning; you only have 30 days (33 days if mailed) from the date of the denial to file the N-336.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Hola Buenos dias me gustaria hacer una consulta el dia dia agosto 16 2022 mi esposo y yo ganamos la cancelacion

De deportacion pero hasta la fecha no hemos recivido ningun documento de la corte donde nos dija que esta cancelada y nos gustaria Saber que sigue despues de ganar el caso en la corte.

Muchas gracias

Ana S. Mendieta
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Ana S. Mendieta
answered on May 18, 2023

First and foremost, Congratulations to you and your spouse on winning a EOIR-42B, Cancellation of Removal and Adjustment of Status for Certain nonpermanent residents.

You have not received any documents as yet, because the Judge has not issued a decision in your case. Your case is pending...
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2 Answers | Asked in Immigration Law for New Jersey on
Q: I've heard that in May 12 New Parole Law comes in effect. I'm now waiting for I-212 and I-601 are we entitled to apply?
James L. Arrasmith
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answered on May 16, 2023

To determine whether you are entitled to apply for I-212 and I-601 under the new law, it would be best to consult official sources such as the USCIS website or seek guidance from an immigration attorney.

It's worth noting that the eligibility criteria and application processes for...
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2 Answers | Asked in Immigration Law for New Jersey on
Q: Initially requested reschedule for marriage based green card interview but now we want to withdraw application.

Would this be a problem and prevent me from applying for a green card again in the future? I left the US without advance parole so application is probably already abandoned but they still sent an interview date. Should this be included in the letter? Is the reason that now I’m pursuing further... View More

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

Would this be a problem and prevent me from applying for a green card again in the future?

The bar at 204(c) specifically refers to a marriage entered into for the purpose of obtaining permanent resident in the United States. If the USCIS determines that you fraudulently entered into the...
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4 Answers | Asked in Immigration Law for New Jersey on
Q: Do I qualify for a i601a waiver?

I have been having daca since I was 17 yrs old. Married to USC and have an approved i-130. I am planning to file a i601a waiver because I dont want to file an adjustment of status. I believe advanced parole is too risky if they don’t let me back in the country. But the question is…I haven’t... View More

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on May 6, 2023

Both strategies advance parole, and 601a are incorrect. Since you have not accrued unlawful presence as you received DACA before turning 18 y.o., there is no need to file a waiver and you might qualify to file for adjustment of status forthwith. I recommend that you seek consultation with an... View More

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3 Answers | Asked in Immigration Law for New Jersey on
Q: Can I apply for a 601A Waiver if I don’t want to take the risk of applying for adjustment of status?

I currently have daca and have been having it since before I turned 18. I am currently married to a US Citizen and have an approved 1-130. I do not want to take the risk of applying for advanced parole and then filing i-485. I would like to apply for the i601 a waiver.

James L. Arrasmith
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answered on May 16, 2023

The eligibility for the I-601A waiver, also known as the Provisional Unlawful Presence Waiver, is determined by specific criteria. While it is typically used in conjunction with the adjustment of status process, it may still be possible to apply for the waiver without filing the I-485 application.... View More

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3 Answers | Asked in Divorce, Family Law and Immigration Law for New Jersey on
Q: Mother-in-law disrupts my life by living in my condo for more than 6 months at a clip after being away briefly.

In 2015 my wife submitted an affidavit of support for her mother but due to her low income, I had to give her a supporting affidavit of support. In 2016 my mother-in-law came to the US. Ever since she has been here, she has created a lot of rift between me and my wife.

She lives for more... View More

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Apr 23, 2023

Legally you may have the right to keep her out of your home but obviously this will create issues with your wife who really should be on board with you and help protect you from her abuse. Nobody deserves to be mistreated. Perhaps you can find an apartment of your own while she’s in town and tell... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: "My birth date came up wrong on my Employment Authorization Card. I've held on to it for a year now.

How do I right this wrong?

James L. Arrasmith
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answered on Apr 18, 2023

If your birth date is incorrect on your Employment Authorization Card, you should take steps to correct it as soon as possible. This can be done by filing Form I-90, Application to Replace Permanent Resident Card, with the United States Citizenship and Immigration Services (USCIS). The form can be... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: I want my marriage green card immigration petition withdrawn. In which cases can I be barred from applying again?

My application was first denied because we did not attend interview and they called it a no-show. We had asked for a reschedule so we filed a motion to reconsider. It was approved and they’ve sent a new date but I’m not in the country anymore and I didn’t leave with Advance Parole. I don’t... View More

James L. Arrasmith
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answered on Apr 23, 2023

If you wish to withdraw your marriage green card immigration petition, you may do so by submitting a written request to the United States Citizenship and Immigration Services (USCIS). It is important to note that there are potential consequences of withdrawing your petition, and you may be barred... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: My birth date came up wrong on my Green card. How fast can it be rectified?
Monica E Rottermann
Monica E Rottermann
answered on Mar 31, 2023

You have to file Form I-90 to receive a new card with the correct information. If it was USCIS error, meaning your date of birth was listed correctly in the application but USCIS input it incorrectly, then you have to mail in your original green card and do not need to pay the filing fee. If,... View More

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Citizenship application - not enough days present?

I'm a legal permanent resident since last year residing in Buffalo, NY. My job, however is about an hour away in Hamilton, ON (Canada). I cross the border 2 to 3 times a week and sometimes return the same day and other times I stay in Canada for a couple of days as it is a hybrid position... View More

James L. Arrasmith
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answered on Feb 25, 2023

To apply for U.S. citizenship, you must meet certain eligibility requirements, including a physical presence requirement. Specifically, you must have been physically present in the United States for at least 30 months out of the five years immediately preceding your citizenship application.... View More

2 Answers | Asked in Family Law and Immigration Law for New Jersey on
Q: How do you deal with foreign child marriages (under16), would they have to got to court (§ 37:1-6) to get it approved?
Richard Diamond
Richard Diamond
answered on Feb 6, 2023

In 2018, New Jersey Governor Murphy signed a bill into law that would prohibit anyone under the age of 18 from marrying or entering into a civil union. As of July 2022, seven U.S. states have banned underage marriages, with no exception, including New Jersey.

Historically, child marriage...
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2 Answers | Asked in Immigration Law for New Jersey on
Q: I130 FORM ask"Was the beneficiary EVER in the immigration proceedings"?

the immigration proceedings: include removal, exclusion/deportation, rescission and other judicial proceedings." Does political asylum belongs to those? should I answer YES or NO?

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 4, 2023

The "immigration proceedings" referred to in the I-130 form typically includes formal legal proceedings initiated by the government to remove a non-citizen from the United States, such as removal proceedings, exclusion proceedings, deportation proceedings, rescission proceedings, and... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: TPS Renewal online but the question 24 is confusing

Hello! I am trying to renew my TPS online I came across question #24 What is the expiration date of the authorized stay shown on your Form I-94 or Form I-95?

Should I use the date of my first entry I-94 expiration date, or should I use the date on my current TPS form?

Min Hwan Ahn
Min Hwan Ahn
answered on Jan 30, 2023

If you are trying to renew your Temporary Protected Status (TPS) and have encountered a question about the expiration date of your authorized stay, it is highly recommended that you seek the assistance of a legal professional. The correct answer to this question can have a significant impact on... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: prosecutorial discretion vs. joint motion (I'm a greencard holder)

I got my greencard thru. marriage (married for 2 years now and have a baby). Recently, motion to reopen was denial (my deportation order). What is my next/best option?

Some advised me to do a joint motioin. some advised me to do a PD.

Thank you.

Kevin L Dixler
Kevin L Dixler
answered on Jan 28, 2023

If you are representing yourself at least you appreciate that you are doing something wrong. If you have representation, the discretion being used, that is, the advocacy and time spent to present the request seems to be ineffective or insufficient based upon the immigration judge's... View More

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1 Answer | Asked in Immigration Law for New Jersey on
Q: I got my 2 years green card thru. marriage ( married 2 years now and have a baby). also, motion to reopen was denied.

What should I do next to get my deportation order removed? some advised me to do a joint motion and some advised me to do prosecutorial discreation (I have no criminal records). This is our first marriage for both of us.

What is my best option? Highly appreciated.

James L. Arrasmith
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answered on Feb 26, 2023

If your motion to reopen was denied and you have an outstanding deportation order, there are several options you may want to consider:

Joint motion to reopen: If you are still married and your spouse is willing to help you, you may be able to file a joint motion to reopen your case. This...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: hi I found out my husband marry me just to get his green card he was using me to take him in USA not for love , i need

i need help to withdraw his i130 please we got separated since april 2022

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 24, 2023

Does he have his 10 year card yet or just the conditional 2 year card?

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