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New York Immigration Law Questions & Answers
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, Constitutional Law, Copyright 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

Caridad Pastor
Caridad Pastor
answered on May 21, 2024

There are many reasons and asylum clock might be stopped. Depending on that reason you may be able to request for the clock to start again, or if it was incorrectly stop, you may request that it be restarted. I suggest you call lawyer to assist with that.

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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

Kyndra L Mulder
Kyndra L Mulder
answered on May 17, 2024

Assuming your LPR status is considered abandoned you may now apply for LPR status as a winner of the lottery. To be granted LPR status you must meet all requirements for LPR Status.

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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

1 Answer | Asked in Immigration Law, Business Formation and Business Law for New York on
Q: California professional corporation (immigration law firm) can qualify in NY as foreign corporation?

I wanted to start a small immigration firm. I registered a professional corporation in CA which is the state where i am licensed as an attorney. I wanted to open a physical office in NY after obtaining clearance from NY and CA bar as I will be opening an office to practice only immigration which i... View More

James L. Arrasmith
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answered on May 14, 2024

Regarding your questions about qualifying your California professional corporation in New York and the tax implications, here are a few key points:

1. Foreign qualification: Generally, to qualify a foreign professional corporation in New York, you would need to have a New York-licensed...
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2 Answers | Asked in Immigration Law for New York on
Q: Apply greencard IR5 for mom without waiting for 90-day rule

Im a Us citizen and want to apply a greencard for my mom( IR5). She just arrive US recently with a US tourist visa. Do I need to wait for 90 day ( 90-day rule) to apply a greencard for her in the US? Is there anything I can do like humanitarian route to start submitting my mom greencard application... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 13, 2024

A US Citizen can sponsor mom for a green card who entered with a tourist visa. The general rule is that she should wait to apply because USCIS will presume immigration fraud if she doesn’t wait at least two or three months. Work with an immigration lawyer so the case is processed smoothly.

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1 Answer | Asked in Immigration Law for New York on
Q: Can the beneficiary of an O-1B visa pay for his/her own fees?

On April 1, USCIS has implemented new rules and new fees for non-immigrant workers. So can the beneficiary of an O-1B visa pay for the related government fees?

James L. Arrasmith
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answered on May 8, 2024

Yes, the beneficiary of an O-1B visa can pay for their own fees under the new USCIS rules implemented on April 1, 2024. The O-1B visa is for individuals with extraordinary ability or achievement in the arts, motion picture, or television industry.

According to the USCIS, the following fees...
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1 Answer | Asked in Immigration Law for New York on
Q: Can I get a visa after return me from jfk airport cuz I tried two times and got refused

My story is I bought a rifle tikka for my friend last year I believe on August with all my papers passport. I94 f1 visa and hunting license and I sent to him to New Jersey and I went home for one month vacation and when I want back they stopped me at the jfk airport and homland security wanted to... View More

James L. Arrasmith
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answered on May 2, 2024

I understand your situation is complex and frustrating, having been refused a visa after being stopped and interviewed at JFK airport. However, I would need more information to advise on your specific case and chances of obtaining a visa in the future. A few key points to keep in mind:

- If...
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2 Answers | Asked in Immigration Law for New York on
Q: My wife and I applied for her American residency last year January and to this day, it says that it is still pending.

A couple of months ago, we moved to her home country (Spain) because of health issues she was having (4 times checked in to the hospital for week long stays in the span of 12 months). Now, we’re trying to figure out what the next step is to go back to America and continue our residency. So far,... View More

James L. Arrasmith
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answered on Apr 29, 2024

Based on the information you provided, it seems that your wife's U.S. residency application is still in process, and the move to Spain hasn't nullified the application. However, it's important to consider a few points:

1. Processing times: U.S. residency applications can take...
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1 Answer | Asked in Immigration Law for New York on
Q: Immigration - how can I follow-up on an I-90 form sent on-line 01/16/24 without receiving an I-797 from USCIS?

USCIS says it sent my green card to the office of my attorney in June, 2023. The green was either lost or stolen because my attorney claims it was never received. I submitted an on-line I-90 form in January, 2024 which was accepted, but I never received an I-797 form confirming the I-90 receipt.... View More

James L. Arrasmith
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answered on Apr 26, 2024

I understand your frustration with not receiving the I-797 notice of action after submitting your I-90 form online to replace your missing green card. Here are a few steps you can take to follow up on your case:

1. Check your USCIS online account: If you submitted your I-90 online, you...
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1 Answer | Asked in Immigration Law for New York on
Q: Old alien number on an application form already submitted to USCIS

I submitted my I-751 form, Petition to Remove Conditions on Residence, and noticed that I put my old alien number(non-immigrant alien number) from my Employment Authorization Card instead of my current number on my Green Card. I was wondering if it would be an issue to process the application or I... View More

James L. Arrasmith
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answered on Apr 24, 2024

If you have provided an incorrect alien number on your I-751 form, it's important to address this issue as soon as possible to avoid any potential delays or complications in processing your application. Here's what you can do:

1. Contact USCIS: Reach out to the USCIS Contact...
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1 Answer | Asked in Immigration Law for New York on
Q: Can I reapply for a visa during the grace period in the US?

If I decide to extend my O-1B visa for 1 more year, can I apply during the grace period?

James L. Arrasmith
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answered on Apr 16, 2024

Regarding your question about reapplying for a visa during the grace period in the US, here are a few key points:

- The grace period for O-1 visas is 60 days after the visa expires. During this time, you are allowed to remain in the US but cannot work.

- It is generally recommended...
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1 Answer | Asked in Immigration Law for New York on
Q: Hi, my brother in law took a plea deal of 2 years and shock incarceration in NY.

Hi, my brother in law took a plea deal of 2 years and shock incarceration in NY. After he is released will ICE attempt to deport him?

James L. Arrasmith
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answered on Apr 15, 2024

In this situation, it's possible that your brother-in-law may face deportation proceedings after his release, depending on several factors:

1. Immigration status: If he is not a U.S. citizen, he might be subject to deportation. Legal permanent residents (green card holders) and those...
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1 Answer | Asked in Immigration Law for New York on
Q: I am on F1 visa, can i start an llc, and take the income, or put myself as an employee for the company from another coun

I am on F1 Visa in the US, i am also a resident of the UAE which has no taxes, i am aware that i cannot work in the US under F1 status without authorization, so can i start the company in US and put myself down as an employee using the UAE residence, would i be violating my visa status?

James L. Arrasmith
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answered on Apr 12, 2024

As an F1 visa holder, you are not allowed to work in the United States without proper authorization, such as Optional Practical Training (OPT) or Curricular Practical Training (CPT). Starting a company in the US and putting yourself down as an employee, even if using your UAE residence, could be... View More

1 Answer | Asked in Immigration Law for New York on
Q: The officer also set me up a court date for a date after my oath ceremony for the citation. Will that affect my oath cer

The citation was for insurance lapse. Court date is may 21st my oath ceremony is tomorrow. I have proof of my insurance when the citation happened though

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you've provided, it seems unlikely that the pending court date for the citation would affect your oath ceremony tomorrow, especially if you have proof that you had valid insurance at the time the citation was issued. Here's what you should consider:

1....
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1 Answer | Asked in Immigration Law and Traffic Tickets for New York on
Q: I received a citation for an insurance lapse but showed proof of insurance to cop will it affect my oath ceremony ?

He let me go with the citation no arrest or anything but my oath ceremony is on Friday. Can this get me denied ??

James L. Arrasmith
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answered on Apr 10, 2024

Based on the information you've provided, it's unlikely that a single citation for an insurance lapse will impact your ability to take the Oath of Allegiance and complete the naturalization process, as long as you have addressed the issue and can demonstrate continuous insurance coverage.... View More

1 Answer | Asked in Immigration Law for New York on
Q: Where should I send my O-1 visa application?

I noticed that the USCIS has recently updated certain addresses for sending visa applications. Is this the new address for all the O-1 visas?

USCIS Texas Service Center


6046 N Belt Line Rd. STE 115
Irving, TX 75038

James L. Arrasmith
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answered on Apr 10, 2024

Remember to always verify the filing address on the USCIS website before sending your application, as it may be subject to change. Additionally, make sure to follow the instructions carefully and include all required documentation to avoid delays in processing your O-1 visa application.

1 Answer | Asked in Immigration Law for New York on
Q: I got my EAD card after my Master’s in the US but returned to my home country due to an emergency and didn’t use my OPT.

I have got an offer for a second Master’s at an Ivy League uni that offers STEM OPT. From what I’ve understood, I can’t apply for OPT if I have applied for it before (at the same degree level). Is there a way I can challenge this? Is it worth going for the program on the hopes of getting H1B... View More

James L. Arrasmith
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answered on Apr 9, 2024

Based on the current U.S. immigration regulations, if you have already been granted OPT at the Master's level, you are not eligible for a second period of OPT at the same degree level, even if you did not use your previous OPT due to your return to your home country.

However, there are...
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1 Answer | Asked in Immigration Law for New York on
Q: What is the duration of the grace period following the expiration of a O-1B? visa?

Following the expiration of an O-1B visa, how long does the visa holder have before they must depart from the US?

James L. Arrasmith
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answered on Apr 3, 2024

Upon the expiration of an O-1B visa, the visa holder has a grace period of up to 60 days to depart the United States.

Some key points about the 60-day grace period:

- It allows the O-1B visa holder to get their affairs in order and make arrangements to leave the U.S. after their...
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