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New York Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for New York on
Q: Can I travel whith my F2B visa while I am waiting for green card , and come back in U.S before expiration date ?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 12, 2024

F2B is an immigrant petition preference category, not a visa. A visa is needed to reenter the US after travel abroad

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3 Answers | Asked in Immigration Law for New York on
Q: My girlfriend is on a student visa that expires 6 months after graduation we plan to get married after college

How can we stay in the US together after we get married while we wait for her legal status and can she still stay after we get married even if her student visa expires

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 11, 2024

A foreign national (FN) in the US on a student visa who is married to a US citizen can be sponsored for an immigrant petition petition and may concurrently apply for adjustment of status. The aforementioned FN may stay in the US while waiting for the green card to be approved.

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3 Answers | Asked in Immigration Law for New York on
Q: What are the chances for getting married with tourist visa (B2) then AOS to GC?

1.If I (US citizen) marry my Ukrainian boyfriend, who entered the U.S. with a tourist visa (B2), what are the chances that our Adjustment of Status will be approved? We’re aware of the 90-Day Rule, so we will wait until after that to get married and file for AOS.

2.Is there any chance... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 20, 2024

There is a chance for his tourist (B2) status to be stamped for less than 6 months. A potential Trump administration could possibly slow down the process. The I-130 AOS route will allow him to work in the US sooner as compared to the K1 process. There is a good chance for his green card to be... View More

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2 Answers | Asked in Immigration Law for New York on
Q: Can I refile I-907 without receiving receipt notice 797 for my I-140?

I have received the receipt number over the SMS but not the physical 797 receipt.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 18, 2024

I-907 can be filed without receiving the I-797 receipt notice for the I-140 as long as you have the receipt/case number

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1 Answer | Asked in Immigration Law for New York on
Q: Can I do an artist residency on F-1 visa? will recieve a grant to cover expenses associated with the residency

Won't get paid or anything of the sort. The end result of this residency is just the production of new work for a non-profit org, that won't be sold... just shown in public and no money is being made here.

James L. Arrasmith
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answered on Oct 15, 2024

Yes, you might be able to participate in an artist residency on an F-1 visa, especially if the grant covers your expenses without providing income. It's important to ensure that the grant is considered a scholarship or fellowship and aligns with your academic program. Make sure that the... View More

2 Answers | Asked in Immigration Law for New York on
Q: Intending immigrant's US home as an asset for I-864?

I, a US citizen, only earned $10k-15k in each of the past 3 tax years (2021-2023). The intending immigrant, i.e., my spouse, has been in the country for years, mostly on an H-1B (but is not working at the moment). We're filing an I-485 etc. for him. My income is obviously not enough for I-864... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Oct 15, 2024

Yes, If the appraisers report shows equity between 100k and 150k, then you wouldn’t need a joint sponsor.

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1 Answer | Asked in Immigration Law for New York on
Q: Doctor transfer from senegal to USA

My friend is from Morocco and has received a doctor of medicine (MD) degree in Senegal, he wants to transfer to the states to be a doctor here, what he needs to do ? (Course of Study was in french).

Thank you

James L. Arrasmith
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answered on Oct 12, 2024

To begin practicing medicine in the United States, your friend should first obtain certification from the Educational Commission for Foreign Medical Graduates (ECFMG). This involves verifying his medical degree from Senegal and ensuring his credentials meet U.S. standards.

Next, he will...
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1 Answer | Asked in Immigration Law for New York on
Q: N-400 form. Stepchild and support

I am filling out the N-400 form for naturalization. I have a stepdaughter (my wife's daughter) who resides with us for about three months of the year and stays with her father, who is the primary parent, for the remainder of the year. My wife pays child support to the child's father. I... View More

James L. Arrasmith
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answered on Oct 7, 2024

In the N-400 form, when you are asked whether the child resides with you, it's important to consider where she spends the majority of her time. Since your stepdaughter primarily lives with her father and only stays with you for part of the year, you should indicate that she does not reside... View More

1 Answer | Asked in Employment Law and Immigration Law for New York on
Q: Hi. I would like to know is move2usajobs real? Are there legit works there or scam?

They say they collect visa sponsor jobs but I’m afraid they might lie.

James L. Arrasmith
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answered on Oct 5, 2024

Move2usajobs is a platform that aggregates job listings from various sources, including positions that offer visa sponsorship. Many users have found legitimate opportunities through the site, especially those seeking employment in the United States with employer support for visas.

However,...
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1 Answer | Asked in Immigration Law for New York on
Q: Im 15 i went through the uscis process, now i need to take my medical test, i vape, will nicotine positive be a issue
James L. Arrasmith
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answered on Oct 5, 2024

Vaping nicotine is generally not a problem for your immigration medical exam. The primary focus of the medical test is to check for communicable diseases, mental health conditions, and substance abuse that could affect your admissibility. Nicotine itself is not considered a disqualifying substance... View More

2 Answers | Asked in Immigration Law for New York on
Q: What to do if we will not be able to submit RFE documents on/or before the USCIS deadline?

Hello guys, A few days ago, my mom just had her Naturalization interview and she passed the interview/English tests but she has RFE- a police clearance. The interviewing officer told her that FBI wasn’t able to obtain her fingerprints. I’m confused because she did her biometrics TWICE! We went... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 2, 2024

The decision will be based on the evidence on record if the RFE response is not submitted on time

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1 Answer | Asked in Immigration Law for New York on
Q: Master hearing with no attorney

I was supposed to have my first master hearing early this year but I moved to another state and my previous lawyer filed a motion to move the court to my current state before this hearing and this has been granted. My master hearing is now in a couple weeks time but I’m haven’t found a new... View More

James L. Arrasmith
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answered on Sep 29, 2024

Yes, you can attend your master hearing without a lawyer and request more time to find one. It’s important to appear in court as scheduled, even if you haven’t secured legal representation yet. Missing the hearing could negatively impact your case.

When you attend, explain to the judge...
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1 Answer | Asked in Immigration Law and Gov & Administrative Law for New York on
Q: Which approach is best for requesting change of status from G4 to F1?

I am in the US on a G4 visa as a dependent but need to change to F1 as my parent is leaving and I need to complete my studies here. I qualify for permanent residency but will only apply for thsi at a later stage. For changing from G4 to F1, is there any difference whether I ask for a change while... View More

James L. Arrasmith
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answered on Sep 25, 2024

If you are looking to change from G4 to F1 status, both options have their pros and cons. Applying for a change of status while in the U.S. can take several months, which could affect your ability to travel during that time. However, staying in the U.S. means you avoid any risks associated with... View More

1 Answer | Asked in Immigration Law for New York on
Q: Will USCIS accept a birth certificate if the date is different from the passport by 2 days?

My mom is applying for her green card and adjustment of status. She is an Australian citizen but was born in China. She got her Notarial certificate (Gong Zheng Shu) from the Local Notary Public Office (Gong Zheng Chu) but the date of birth says the 18th while the date of birth on her passport says... View More

James L. Arrasmith
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answered on Sep 25, 2024

In your situation, it's important to make sure that the documents you submit are consistent and accurate to avoid delays or issues with USCIS. When there is a discrepancy between the birth certificate and the passport, it can raise questions during the application process.

Since USCIS...
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2 Answers | Asked in Immigration Law and Education Law for New York on
Q: Can I qualify for a financial aid/ education loan being an asylum seeker (Affirmative) with F-1 visa status?

Hello! I currently live in New York and am an asylum seeker (Affirmative) with F-1 visa status. I entered the U.S. by completing the I-94 Form and will soon finish my associate degree. I am eager to continue my studies and pursue a bachelor's degree, but I lack the funds and do not have a... View More

Ms. Norka M. Schell
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answered on Sep 22, 2024

As an F-1 student in the U.S., you generally have limited access to federal financial aid. Most federal financial aid programs, including grants and loans, are not available to non-citizens. However, you may have a few options:

1. **Institutional Aid:** Some colleges and universities offer...
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1 Answer | Asked in Immigration Law for New York on
Q: Can my F-1 visa status be affected by working 35 hours per week through both an on-campus job and an off-campus internsh

I am an international student on an F-1 visa, and I have both an on-campus paid job and an off-campus paid academic internship, both funded by New York State. I work a total of 35 hours per week and have approval from my graduate school. Could this arrangement potentially affect my F-1 visa status,... View More

James L. Arrasmith
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answered on Sep 17, 2024

Your F-1 visa status could be at risk if your employment hours or types of work do not comply with U.S. immigration regulations. F-1 students are generally limited to working up to 20 hours per week on-campus while school is in session. If you are exceeding this limit, it might cause issues with... View More

1 Answer | Asked in Immigration Law for New York on
Q: Hi I'm a low income New Yorker, trying to find a lawyer to look at my paperwork for an H1B transfer. What are my options

My employer does not have an immigration lawyer since our company is very small. Why can I do?

James L. Arrasmith
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answered on Sep 16, 2024

As a low-income New Yorker, there are a few resources you can explore to find legal help for your H1B transfer paperwork. One option is to reach out to nonprofit organizations that provide free or low-cost legal assistance for immigration matters. Organizations like the New York Legal Assistance... View More

2 Answers | Asked in Immigration Law for New York on
Q: How can my Australian mom obtain her Chinese birth certificate while she is in the US?

I am a naturalized US citizen and I want to help my mom get a green card. The problem is that she doesn't have her birth certificate, which I understand is one of the documents she must submit with her application. She was born in China and is an Australian citizen. She is currently in the US... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 17, 2024

To obtain her birth certificate it would be wise to engage an immigration lawyer to obtain that document as well as represent you and mom throughout the case from start to finish. Some of us charge a very affordable flat fee with no hidden costs and will do an excellent job!

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1 Answer | Asked in Immigration Law for New York on
Q: Asylum

I am iraqi married to UAE husband , currently visitors in USA , he is mistreating me and i always thought to get a divorce , If we divorced here in US can I ask for asylum as I cant go back to UAE cause he wont sponcer me to stay there have no place to go including my original country iraq and... View More

James L. Arrasmith
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answered on Sep 7, 2024

You may be able to apply for asylum in the United States if you fear returning to your home country due to persecution or if you are unable to return to your country of residence because of personal safety concerns. Since you are facing mistreatment from your husband and cannot go back to Iraq or... View More

Q: Why is the term "State" capitalized in 8 USC 1101 (36) (follow up/part 2)

My friend stated that the explanation given for the term State being capitalized showing that in this context that more than just the 50 states are considered states in this code was not correct as he said that it goes against the ruling established in Meese V Keene "It is axiomatic that the... View More

James L. Arrasmith
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answered on Sep 5, 2024

When the term "State" is capitalized in 8 USC 1101(36), it does have a specific legal definition that goes beyond the 50 U.S. states. In this context, "State" can include territories, possessions, and other areas under U.S. jurisdiction, which is why it’s broader than the... View More

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