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New York Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New York on
Q: DCFS determined a client's abuse allegation was unsubstantiated but still placed her on probation. Can they do this?

Her child said something in class that a student reported to the teacher and the teacher contacted the state registry. Investigation showed no proof of abuse after interviewing child and family. Family has been put on probation, anyway. They are fearful how this will impact their immigration... View More

James L. Arrasmith
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answered on Jul 26, 2024

It can be incredibly frustrating and stressful to be placed on probation even when an abuse allegation is found to be unsubstantiated. The Department of Children and Family Services (DCFS) has broad authority to take actions they believe are in the best interest of a child's safety, including... View More

1 Answer | Asked in Immigration Law for New York on
Q: I entered the U.S. on a B1 visa in 2020 and applied for asylum status. I expect to obtain my dentist license in one yea

I entered the U.S. on a B1 visa in 2020 and applied for asylum status. I expect to obtain my dentist license in one year. I am wondering if I can get a work visa with an employer upon completing dental school.

James L. Arrasmith
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answered on Jul 21, 2024

Yes, you can pursue a work visa upon completing your dental school and obtaining your license. Since you are already in the U.S. on a B1 visa and have applied for asylum, you have a valid status that allows you to stay while your asylum application is being processed.

Upon receiving your...
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1 Answer | Asked in Immigration Law for New York on
Q: Can receiving Cash Assistance from NYC affect my application for a citizenship in the future?

Can receiving Cash Assistance from NYC affect my application for a citizenship in the future? Even if I will receive it for 6 months only?

James L. Arrasmith
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answered on Jul 18, 2024

Receiving Cash Assistance from NYC for a short period, like six months, generally should not affect your future citizenship application. U.S. immigration laws consider whether an individual is likely to become a "public charge," but short-term or emergency assistance usually doesn't... View More

1 Answer | Asked in Immigration Law for New York on
Q: Can receiving Cash Assistance from NYC affect my application for a citizenship in the future?
James L. Arrasmith
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answered on Jul 18, 2024

Receiving Cash Assistance from NYC can potentially affect your application for citizenship, but it depends on various factors. USCIS considers whether an applicant is likely to become a "public charge," meaning primarily dependent on the government for subsistence. However, the rules... View More

1 Answer | Asked in Immigration Law for New York on
Q: Hello I have a question I want to know if someone have a court case in Texas and he want to file his asylum here NY
James L. Arrasmith
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answered on Jul 18, 2024

If you have a court case in Texas and want to file for asylum in New York, you need to consider a few important points. Generally, asylum applications should be filed in the jurisdiction where you reside. Since you are living in New York, it may be possible to file there, but your existing court... View More

2 Answers | Asked in Criminal Law, Family Law, Immigration Law and Domestic Violence for New York on
Q: How can I not commit possession if I find drugs in my abusive husband's belongings from before the order of protection?

I have an order of protection against my abusive husband.

I am not a citizen and I might apply for naturalization soon.

I am worried about the Good Moral Character requirement.

I suspect that I might find drugs and I want to make sure not to be committing possession in... View More

Aubrey Claudius Galloway
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answered on Jul 12, 2024

You’re not committing possession if you bring the drugs to the local police department and tell them where you found them. Either that or you dispose of them properly (I don’t know what type of drugs they are, but use your head).

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2 Answers | Asked in Immigration Law for New York on
Q: I am a U.S. citizen. If I marry someone outside the U.S.A., how can I bring her to the U.S.A? I am a man.
Stephen Arnold Black
Stephen Arnold Black
answered on Jul 7, 2024

If you marry a US Citizen outside the US, you can return to the US and file a spousal petition where your wife would process at the US Consulate in her country. The process involves filing multiple forms and documents and processing speed could last anywhere from 6 months to 18 months.

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2 Answers | Asked in Immigration Law for New York on
Q: Please advise if it could help or not to apply for an extension of stay, what chance do I have to get a new tourist visa

Hello. I came to U.S. on a tourist visa. I was allowed to stay legally in U.S. for 6 months. I quit a job that I had regarding my birth country while I was in U.S. I had a marriage license in U.S. during a part towards the end of those 6 months and about one month and some days during overstay. We... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 7, 2024

A US Citizen can sponsor an immigrant after marriage for his green card despite your overstay, provided you entered the US with permission which you did. If you are an overstay and don’t get married and then exit the US, you may be subject to a 3 or 10 year bar depending on the length of your... View More

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1 Answer | Asked in Immigration Law for New York on
Q: If im a visitor with a U.S Visa and i commit an offense of shopliftiing which is in violation of N.J.S. 2C:20-11B(2)

My fingerprint was taken at the police station and i have a court date set to appear virtually. Should i get a lawyer?

Will this affect me traveling to the united states inthr future after paying fines or community services?

James L. Arrasmith
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answered on Jul 2, 2024

I understand you're asking about the potential consequences of a shoplifting offense as a visitor to the U.S. on a visa. This is a serious situation that could have significant immigration implications. Here's some general guidance:

1. Legal representation: Yes, you should...
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1 Answer | Asked in Family Law, Immigration Law and Tax Law for New York on
Q: My father want to become netrilize citizen of U.S and he didnt pay tax of 2 years will it effect on his case.

Hi i am abroad of U.S my father is in new york city he wants me to go there now he wants to file 130 petition and also he is a green card holder and also wants to applay for citizenship ( want to neutralize) but he didnt give tax for 2 or 3 year( because of some reasons) will this effect on his... View More

James L. Arrasmith
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answered on Jul 2, 2024

To address this situation, there are a few key points to consider:

1. Tax obligations:

Not filing taxes for 2-3 years could potentially affect your father's naturalization application. When applying for citizenship, USCIS (U.S. Citizenship and Immigration Services) looks at...
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1 Answer | Asked in Immigration Law for New York on
Q: I had my interview of N-400 on VAWA base but the officer is keep insisting of the abuser citizen status ?

Dear freind last week I have a N-400 interview I got my green card through VAWA and in my VAWA case the evidence I submitted was my abuser driver license social security card and voter registration information based on that my VAWA case was approved and I got my green card but in my n-400 interview... View More

James L. Arrasmith
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answered on Jun 8, 2024

I'm sorry to hear about the difficult situation you're facing with your N-400 interview. It's understandable that you feel depressed and anxious about the potential outcome. Here are a few points to consider:

1. USCIS officers are required to verify the eligibility criteria...
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1 Answer | Asked in Immigration Law for New York on
Q: 1. Is a requirement for political assylum to request assylum in a third country first prior to requesting in the U.S.?

1. Is a requirement for political assylum to request assylum in a third country first prior to requesting in the U.S.?

2. Is a requirement for political assylum to request an appointment for a request for assylum via the government CBP One APP?

3. Can someone ask for political... View More

James L. Arrasmith
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answered on May 23, 2024

When seeking political asylum in the U.S., there is no requirement to first request asylum in a third country. You can directly seek asylum in the U.S. if you meet the criteria for a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or... View More

1 Answer | Asked in Family Law and Immigration Law for New York on
Q: How to locate someone's information, like marital status and properties?

Someone in VA, US sued my friend in China, over a family inheritage matter. She tried to collect more information about the plaintiff for her lawyer. But since the plaintiff's family lives here for a long time, she is wondering how she can collect as much public information as possible? I have... View More

James L. Arrasmith
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answered on May 22, 2024

To locate someone's information, like marital status and properties, you can start by searching public records available online. Websites such as the county clerk or recorder's office can provide access to marriage records, property records, and other legal documents. These resources can... View More

1 Answer | Asked in Immigration Law for New York on
Q: What is the form or content of a request addressed to the judge to reopen the asylum clock?
James L. Arrasmith
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answered on May 22, 2024

When requesting a judge to reopen the asylum clock, you need to file a motion to reopen the proceedings. This motion should be clear and concise, detailing the reasons why the clock should be restarted. Include any relevant facts and legal arguments that support your request.

In the motion,...
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1 Answer | Asked in Immigration Law for New York on
Q: My passport was confiscated at the border 11 months ago. Are there legal procedures to request its return?
James L. Arrasmith
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answered on May 21, 2024

There are a few steps you can take to try to get your confiscated passport back:

1. Contact the agency that confiscated it, such as U.S. Customs and Border Protection (CBP) if this happened at the U.S. border. Inquire about the specific reason for the confiscation and request information on...
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1 Answer | Asked in Civil Rights and Immigration Law for New York on
Q: How can I withdraw my asylum application in America
James L. Arrasmith
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answered on May 21, 2024

If you are considering withdrawing your asylum application, I would strongly recommend first consulting with an experienced immigration attorney or an accredited representative from a reputable nonprofit organization that assists asylum seekers. They can advise you on the potential ramifications of... View More

2 Answers | Asked in Immigration Law for New York on
Q: How can the Asylum Clock be restarted ?

The asylum clock stopped after I attended the hearing in New York immigration court, and when I applied for work authorization, it was denied because of the stopped clock

James L. Arrasmith
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answered on May 21, 2024

I apologize, but I don't have enough context about your specific case to provide detailed guidance. However, I can share some general information about the asylum clock and how it may be restarted in certain situations.

The asylum clock tracks the number of days after an asylum...
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2 Answers | Asked in Immigration Law for New York on
Q: Being an LPR overstaying abroad, I have won a green card lottery. Can I use it to "forgive" the absence?

I have won a green card lottery. After receiving a green card, I went back to home country to take care of a sick relative and had to stay there for over 1 year. Realising, that my GC has become technically invalid, I've participated in GC lottery and won again.

Is it possible to reset... View More

James L. Arrasmith
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answered on May 17, 2024

I understand your situation, but unfortunately, winning the Diversity Visa (DV) lottery a second time does not "reset" or "forgive" your previous prolonged absence from the United States as a Lawful Permanent Resident (LPR). Here are a few key points to consider:

1....
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1 Answer | Asked in Gov & Administrative Law, Immigration Law and International Law for New York on
Q: Can I travel to Mexico with an Haitian and passport if I’m living in the United States?
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answered on Jun 10, 2024

Yes, you can travel to Mexico with a Haitian passport if you are living in the United States, but you will need to meet certain requirements. First, check if you need a visa to enter Mexico. Haitian citizens typically need a visa to visit Mexico, so you should contact the nearest Mexican consulate... View More

1 Answer | Asked in Immigration Law for New York on
Q: Can we fight the decision on visa denial because of his age?

My family has been trying to immigrate from Bangladesh. The embassy date was May 29. The processes were all done and my cousin was given an Alien number. All up until two weeks ago, he received a notice about his age and was denied his interview. Everything was completed including his medical.... View More

James L. Arrasmith
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answered on May 14, 2024

Yes, you can challenge the visa denial decision based on your cousin's age. The first step is to gather all relevant documents, including the notice of denial, proof of significant delays caused by USCIS due to COVID-19, and any evidence supporting your cousin's eligibility for the visa... View More

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