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New Jersey Immigration Law Questions & Answers
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
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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 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 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?

1 Answer | Asked in Immigration Law for New Jersey on
Q: Our N 400 citizenship application was administratively closed while waiting for an appointment to be rescheduled.

Should we refile or request to reopen ? which option is quicker and reliable

Lilia  Alcaraz
Lilia Alcaraz
answered on Jan 11, 2023

Hello. I just wanted to let you know that you don't say the reason for the administrative closure. This makes it difficult to answer the question precisely.

However, if it is due to failure to take the Oath of Allegiance without good cause, I recommend you file a motion to reopen the...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: How or can a illegal immigrant obtain a permit to work in the country legally?

Is it possible for a person to obtain ssn if the individual is here illegally?

Kevin L Dixler
Kevin L Dixler
answered on Dec 18, 2022

It depends, but a lot of people who try may eventually be on their way to immigration court for deportation, which is also called removal. It is best to seek legal an appointment from a competent and experienced immigration attorney before there are any other complications. Sometimes, other... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: Shoplifting affecting visa stamping

Hi Alexander, thank you for your prompt response, when you say not a plea to the crime what do you mean? Like what should I avoid saying? And In case the VO asks any direct questions how should I tackle?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 9, 2022

Please contact us directly at 773-562-8602 to prepare you for that visa stamping interview as there are several legal nuances you need to be aware of.

1 Answer | Asked in Criminal Law and Immigration Law for New Jersey on
Q: I was arrested for shoplifting in 2018 , on F1

In 2018 I was arrested in NJ for shoplifting, the charges when then lower down to a disorderly person offense and later dismissed entirely . I was on my F1 that time. I got my visa approved in 2020 and I am planning to get it stampped . I have my certified disposition stating the dismissal and the... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 9, 2022

Your criminal case was dismissed, thus, as long as you present the evidence of its dismissal and have not pled to a crime of moral turpitude, your visa should be approved in my professional opinion.

2 Answers | Asked in Traffic Tickets and Immigration Law for New Jersey on
Q: My friend was given a ticket for driving with fictitious plates. He is undocumented. Should he plea online?

He was also given a ticket for lack of supervision of permit holder.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 22, 2022

He should speak with a lawyer to see what his best options are we are not allowed to give specific legal advise on this website, plus we don't know the facts of his case to do this even if we were allowed to.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: I hold a Jordanian passport with B1/B2 visa. am I eligible to file Adjustment of Status via petition request?

I hold a Jordanian passport with B1/B2 visa. am I eligible to file Adjustment of Status via petition request?

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 10, 2022

Holding a valid passport from a foreign country and entering on a visitor visa does not entitle you to adjust status to get a green card. You can only adjust status if you have a sponsor either through a family or employment-based category. You should discuss the facts of your case in a private... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: How does the 5 year bar work if you break your continuous residence?

How does the 5 year bar work for public benefits (ex. SNAP) if you break your continuous residence for more than 12 months and are regiven a greencard? Do the 5 years start on the date of original entry or reentry?

Monica E Rottermann
Monica E Rottermann
answered on Jul 12, 2022

Your eligibility would be governed by the date of admission on your green card. It is unclear whether you were found to have overcome an abandonment and were able to keep your green card or if you were found to have abandoned your status and had to re-apply for a new green card. In any event it... View More

1 Answer | Asked in Family Law and Immigration Law for New Jersey on
Q: how much would a lawyer charge to do a sijs case?

My sister is completing 21yrs old by the end of august, she is living in the USA on a expired B2 visa. Recently she found out that she could be eligible for the SIJS since she meets the criteria. The lawyer she talked to was asking for $7k to represent her, i thought that was a high price, i know... View More

Richard Diamond
Richard Diamond
answered on May 10, 2022

The issue is purely an immigration claim and needs to be answered by an immigration law specialist. Our firm specializes in divorce and family law issues and while there is an overlap between immigration issues and family law, in this setting, it is best to address your concerns over costs and... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: I got married nov 2019. Then me and my husband filed so he can get his temp green card. We share a sim together.

I seperated from him oct 2020 because I found texts between him and a family member telling them to get the permanent green card and leave me. Divorce finalized with agreement that I have sole legal and physical custody. No child support. He sees his child once a month. Now he’s waiting for... View More

Agnes Jury
Agnes Jury
answered on May 9, 2022

He will not get permanent residency if you do not attend the interview with him. If you want to make sure he doesn't get the permanent residency, send in your divorce decree to the field office where the I-485 is being handled and where the interview is to take place. Best wishes!

1 Answer | Asked in Immigration Law for New Jersey on
Q: Can the disclosure of my membership in a political party can affect my AOS?

With a pending affirmative I-589. Is it safe for me to applied for AOS? I married a USC. Also, I know that I have to disclose on my I-485 that I was a member of a Political group back home. Will it affect my AOS?

P.S: I am sure they already have these information on my I589

Agnes Jury
Agnes Jury
answered on Apr 25, 2022

You must be truthful and consistent with your previous statements in filings. The effect of your membership depends on what type of political party it was. For example see:... View More

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