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New Jersey Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New Jersey on
Q: I am on F1, doing my CPT in NJ. My university is in IA and I'm also taking Distance Education courses offered by my uni.

Before moving to NJ, I was in Illinois, doing my CPT in a company. I had to resign from there and come to NJ for another job offer under CPT. This is because, I applied F2 for my wife while I was in IL but it got rejected during wife's visa interview for us being first cousins. So, I searched... View More

James L. Arrasmith
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answered on Jan 22, 2024

Regarding your situation of reapplying for an F2 visa for your wife, your relocation to New Jersey and the legality of your marital status in that state can indeed be relevant factors. Each state has its own laws regarding marriage, and if New Jersey recognizes your marriage, this could potentially... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: On my green card renewal process, should I consult a lawyer after or before submitting biometrics?

I just asked a question previously about green card renewals while on probation for 4th degree theft, I wanted to know if I should consult a lawyer before or after submitting my biometrics.

Syed Ali Hussain Lahooti
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answered on Jan 21, 2024

It is always advisable to consult with a lawyer, ASAP no matter whether you applied for renewal or planning to apply for that, especially in a situation like yours. In your case, it is essential to discuss your situation with an attorney who specializes in 'crimmigration'—someone... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: I applied for a green card renewal and I was told to go to a biometrics appointment but I’m on probation, what to expect

I’m on probation for 4th degree theft, first and only charge, never did I get in trouble before or after the incident, been a compliant NJ resident for many years, I just happened to be at the wrong time with the wrong people, I wanted to know if after I submit my biometrics what should I expect?... View More

Syed Ali Hussain Lahooti
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answered on Jan 21, 2024

While Form I-90 technically does not include questions about your criminal history, the biometrics process is designed to verify this information. If your criminal record comes to the attention of the officer reviewing your renewal case, you may be asked about it during the decision-making process.... View More

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4 Answers | Asked in Immigration Law for New Jersey on
Q: immigration status through marriage

Hello, My name is Daniel, I was wondering if I should pay a local lawyer to help me adjust my immigrant status or maybe I should pay a third party in those websites that they offered their assistant to help you out filling all the documents... (SimpleCitizen and Boudless are my two options so far)... View More

Adan Vega
Adan Vega
answered on Jan 17, 2024

Daniel,

I highly recommend that you consult with a qualified and experienced immigration law attorney before you proceed to request any benefits from USCIS. The attorney will be able to consult with you and provide you with professional guidance. If you decide to engage the attorney to...
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1 Answer | Asked in Civil Litigation and Immigration Law for New Jersey on
Q: How do I stop a former step father who is an illegal from harassing me for money?

My mother passed away almost 2 years ago and her freeloading illegal husband had no place to go after she died. He broke into the garage of their prior rental for a while and stayed there and finally found some unsuspecting woman to take pity on him and found him a room in a house with other... View More

James L. Arrasmith
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answered on Jan 10, 2024

I understand your concerns about your former stepfather's harassment for money. To address this situation legally, you may consider taking the following steps:

Cease All Financial Support: Stop sending him groceries or any financial assistance immediately. Continuing to provide support...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: With an F-1 visa, can I apply for OPT while waiting for a marriage-based green card?

We will submit a marriage-based green card application in the coming weeks. I am a student on an F-1 visa that will expire on May 30th 2024. Can I apply for OPT while the green card application is underway? Thanks!

James L. Arrasmith
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answered on Jan 3, 2024

Yes, as an F-1 student visa holder, you can apply for Optional Practical Training (OPT) while your marriage-based green card application is in progress. OPT allows you to work in your field of study for up to 12 months, and it can be extended for certain STEM degrees. Your eligibility for OPT is... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: Can I be asked about VAWA in my citizenship interview?

Hello everyone. Me and 3 other family members got our GC via a VAWA self petition on January 30, 2020. The abuser at the time was a GC holder himself but he naturalized in October 22, 2020. I applied for citizenship on October 24, 2023 under 3 year rule as a VAWA recipient. I have 2 main questions:... View More

James L. Arrasmith
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answered on Dec 29, 2023

Regarding your first question, under the 3-year rule for spouses of U.S. citizens, eligibility for naturalization generally begins three years after obtaining lawful permanent resident status (Green Card). However, since your Green Card was obtained through a VAWA self-petition, the circumstances... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: Married Green card ( i am student Also i have a asylum case)

I came to America on 06/2022 J1 (I came with work and travel)

Then I turned it into F1.

I have never been stateless for a day.

I applied for asylum while I was going to school. I did not apply for a Work permit for Asylum So I did not benefit from any of its benefits.... View More

James L. Arrasmith
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answered on Dec 17, 2023

Based on the details provided, here are a few key points and recommendations on how to proceed:

- Since you have a pending asylum application but have not received any benefits from it (no EAD card or asylum status), withdrawing it should not complicate your marriage green card case....
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Am I eligible for VAWA? Is divorce necessary? If it is a mutual consent affect my VAWA?

I was issued a temporary green card on 01/11/23. Conditions need to be removed Oct/24 to Jan/25. My husband has been harassing and tormenting me. Unable to bear with this I just moved into a shelter home. They will keep me here for a month or so. After that I will have to look for my own... View More

James L. Arrasmith
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answered on Nov 26, 2023

Under the Violence Against Women Act (VAWA), you may be eligible for immigration relief if you've been a victim of abuse by your U.S. citizen or permanent resident spouse. This applies even if you're currently holding a temporary green card. It's important to document any instances... View More

1 Answer | Asked in Immigration Law and International Law for New Jersey on
Q: what happens if you're a US citizen that has a criminal record, warrants and flees to Philippines, and visa expires?

My ex was actively on probation for domestic violence, was to appear in court to face his 6th DUI, and behind on alimony payments..he decided to meet a girl in the Philippines, he sent her money to her to get an apartment, he obtained a visa and flew there AND was able to get through airport with... View More

James L. Arrasmith
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answered on Nov 13, 2023

If a U.S. citizen with a criminal record and outstanding warrants flees to the Philippines and overstays their visa, they face several legal issues.

First, overstaying a visa in the Philippines can lead to fines, detention, and eventual deportation. The process of deportation might alert...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Is there any penalty for working without work permission?

I'm filling form I-130A but I don't know what to put in there because I don't have a working permit, but I have work before. Is there any penalty for putting something like that in that form?

James L. Arrasmith
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answered on Oct 28, 2023

If you worked in the United States without proper authorization, it could have implications for your immigration status. Honesty on all immigration forms, including Form I-130A, is crucial. Providing false information can result in severe consequences, such as denial of benefits or deportation.... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: If I’ve a ICE form I-220A can I change a state of residence by applying EOIR-33 without going to duty officer in person?

I was released with a humanitarian parole few weeks ago from detention in San Ysidro. I crossed the border by CBP1 app.

After personal visit ICE office they gave me form I-220A. I informed them that I don’t want to live in the sponsor’s city and I want to change city/state of the... View More

James L. Arrasmith
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answered on Oct 22, 2023

The ICE Form I-220A places conditions on your release, one of which is that you must not change your place of residence without first obtaining permission. The EOIR-33 form is used to notify the immigration court of a change of address. While submitting an EOIR-33 form and a Motion to Change Venue... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: As an F1 Student can I hold partial ownership of LLC in New Jersey . Thanks
T. Augustus Claus
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answered on Oct 12, 2023

In New Jersey, there are generally no state-specific restrictions that prevent an F1 student from owning a share of an LLC. However, federal immigration regulations could pose challenges. While an F1 student can be a passive investor or owner in an LLC, active involvement in the business might... View More

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Hello , I am in process in country abroad legalization of my citizenship, government request criminal record from USA

Can attorney get my criminal record for me , and mail it to country abroad?

James L. Arrasmith
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answered on Oct 22, 2023

To do this, it typically involves requesting a background check or a "rap sheet" from the Federal Bureau of Investigation (FBI) or the appropriate state agency. It's important to ensure that you provide all necessary consents and information to facilitate the request. Once obtained,... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: I had a insurance fraud case 17 years ago, Can I apply for the citizenship?
Monica E Rottermann
Monica E Rottermann
answered on Sep 29, 2023

Perhaps, but it is also possible that the conviction renders you deportable from the United States and applying for citizenship would be a bad idea. Depending on the date that you were admitted as a lawful permanent resident, the date of the conviction, and the rest of your complete criminal... 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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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: 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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