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New York Immigration Law Questions & Answers
0 Answers | Asked in Immigration Law for New York on
Q: Will STEM OPT be rejected if the job isn’t in the military field?

I received a degree designated under the CIP code 29.0203 in Signal/Geospatial Intelligence under military technologies and applied sciences, and I am applying for STEM OPT. The job I am considering is as a geospatial intelligence analyst, which aligns with my degree coursework; however, the... View More

1 Answer | Asked in Immigration Law, Divorce and Family Law for New York on
Q: Impact of divorce on immigration status tied to husband's asylum application and custody of children.

I am an immigrant with a work permit and Social Security card. My husband, who filed for asylum, is divorcing me because he has another family. I have two kids. What will happen to my immigration status and my children during this divorce, considering my work permit might be tied to my... View More

James L. Arrasmith
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answered on Apr 21, 2025

If you were included as a dependent on your husband's asylum application, your work permit is likely tied to his status as the principal applicant. A divorce may jeopardize your derivative asylum status and could affect your employment authorization. Depending on the outcome of your divorce... View More

1 Answer | Asked in Immigration Law, Child Support and Family Law for New York on
Q: Submission of Form 485 for serious medical reasons in a child

Hello, we are a family of 4 people. Me , my husband and two sons . we came to America in March 2023 under the cbp one program, and after a while we submitted the I 589 form where the main husband But in December 2023, the youngest son was diagnosed with liver cancer, heptoblastoma, after 4 courses... View More

James L. Arrasmith
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answered on Apr 19, 2025

Yes, you may be able to file Form I-485 for humanitarian reasons with your son as the principal applicant due to his serious medical condition. Form I-485 can be used for various types of green card applications, including those based on humanitarian grounds. This could potentially allow you to... View More

1 Answer | Asked in Immigration Law for New York on
Q: Green card holders returning to U.S. after extended stay abroad; documents needed, potential issues

My wife's parents are green card holders who stayed outside the U.S. for three years without a re-entry permit due to unexpected circumstances, caring for her grandmother who has now passed away. They have documentation such as a death certificate and hospital records to explain their extended... View More

James L. Arrasmith
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answered on Apr 19, 2025

Your in-laws face a challenging immigration situation that requires careful documentation and preparation. When a green card holder stays outside the United States for more than one year without a re-entry permit, they are generally presumed to have abandoned their permanent resident status.... View More

1 Answer | Asked in Immigration Law for New York on
Q: How can I correct my mother's birth city on my Green Card forms for N-400?

I recently discovered that my mother's birth city is incorrectly listed on my approved Green Card forms while preparing my N-400 application. My mother does not have a birth certificate, and I originally completed the forms based on my best knowledge. Can this error be corrected now, and if... View More

James L. Arrasmith
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answered on Apr 16, 2025

You can correct your mother’s birth city on your N‑400 by entering the right information and including a brief written explanation of the mistake. Gather any secondary proof you have—school or church records, a baptismal certificate, affidavits from relatives or local officials—and attach... View More

1 Answer | Asked in Immigration Law and Criminal Law for New York on
Q: LPR concerned about re-entry into the USA after past disorderly conduct plea.

I am a Legal Permanent Resident who was arrested in New York in June 1997 for Possession on the 7th degree. I pled guilty to disorderly conduct. Since then, I have traveled to the USA several times without issue and have the final disposition of my case. Currently, I am in the Dominican Republic... View More

James L. Arrasmith
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answered on Apr 13, 2025

Since you’re a Legal Permanent Resident and have traveled to the U.S. several times without issue, your prior disorderly conduct plea should not automatically prevent you from re-entering. However, it’s important to be aware that U.S. Customs and Border Protection (CBP) has access to your... View More

1 Answer | Asked in Immigration Law and Gov & Administrative Law for New York on
Q: Impact of potential OPT program changes on future applications

I am an international student currently studying Digital Forensics and Cybersecurity, and I expect to graduate in December 2026. I recently read an article on the Congress website about a bill that aims to abolish the Optional Practical Training (OPT) program. How might this potential legislative... View More

James L. Arrasmith
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answered on Apr 8, 2025

I understand your concern regarding the recently introduced bill in Congress aiming to eliminate the Optional Practical Training (OPT) program. This program currently allows international students like you to gain practical work experience in the U.S. after graduation. The proposed legislation,... View More

1 Answer | Asked in Immigration Law for New York on
Q: Can I move apartments within the same county under my current LCA on H1B?

I am currently working from a remote location (home office) as per my approved LCA and H1B petition, which mentions my current apartment address. I plan to move to a new apartment approximately 10 miles away, within the same county and MSA. There are no specific employer policies about moving... View More

James L. Arrasmith
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answered on Apr 5, 2025

Yes, you can move to a new apartment within the same county and Metropolitan Statistical Area (MSA) without needing to file a new Labor Condition Application (LCA). The key thing is that your new home must still fall within the same area of intended employment as defined by the Department of Labor.... View More

1 Answer | Asked in Immigration Law and Criminal Law for New York on
Q: Concerned about reentry to U.S. as LPR after past NY arrest.

In 1997, I was arrested in New York for possession and pleaded guilty to disorderly conduct. Since then, I have regularly traveled to the U.S. without issues. I'm currently in the Dominican Republic and want to return to the U.S. as a Legal Permanent Resident, but I'm concerned about... View More

James L. Arrasmith
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answered on Apr 5, 2025

You’ve been a Legal Permanent Resident for a long time, and the fact that you've entered the U.S. many times since your 1997 arrest without issue is a positive sign. A plea to disorderly conduct in New York is typically considered a violation, not a crime, and usually doesn’t carry... View More

1 Answer | Asked in Adoption, Immigration Law and Family Law for New York on
Q: Can an adopted individual born in Guatemala obtain a U.S. Certificate of Citizenship?

I was born in Guatemala and adopted by U.S. citizen parents in 2001, with the adoption and a second-parent adoption being recognized by the U.S. and completed in New York State. I currently hold a U.S. passport, a social security card, and a New York State-issued birth certificate. I am now 23... View More

James L. Arrasmith
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answered on Apr 1, 2025

Yes, you can obtain a U.S. Certificate of Citizenship. Based on the information provided, you very likely acquired U.S. citizenship automatically through the Child Citizenship Act of 2000, which went into effect on February 27, 2001. Your U.S. passport is already evidence of your citizenship... View More

1 Answer | Asked in Immigration Law for New York on
Q: Withholding of Deportation EAD category change filing details

I have been granted Withholding of Deportation or Removal under category (a)(10) and currently hold an Employment Authorization Document (EAD) under category C08. Should I file the I-765 form as '1.a. Initial' or '1.c. Renewal' due to a change in category? Additionally, how many... View More

James L. Arrasmith
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answered on Mar 31, 2025

When changing from EAD category C08 to category A10 based on a grant of Withholding of Deportation or Removal, you should mark "1.a. Initial" on Form I-765, as this represents a new basis of eligibility rather than a continuation of your previous category. The change in eligibility... View More

1 Answer | Asked in Immigration Law and Family Law for New York on
Q: Do I need to disclose a previous marriage in my I-130 petition?

I am a U.S. citizen originally from Nepal and need clarification regarding my marital history for my upcoming I-130 petition. In 2018, my ex-husband left me and moved to another country, leaving me alone. In 2019, I mistakenly listed my marital status as "single" on my Diversity Visa... View More

James L. Arrasmith
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answered on Mar 31, 2025

Yes, you must disclose your previous marriage and divorce on your I-130 petition. Form I-130 specifically requires petitioners to list all prior marriages for both you (the petitioner) and your future spouse (the beneficiary), regardless of where these marriages occurred or how they were documented... View More

1 Answer | Asked in Immigration Law for New York on
Q: DACA status, Quilantan entry, married to a US citizen. Immigration options?

I have DACA status and recently learned about the Quilantan entry, which might apply to my entry into the U.S. through Mexico. I have vaccination and elementary school records from after my entry. I am married to a United States citizen and am seeking legal advice on how this might affect my... View More

James L. Arrasmith
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answered on Mar 28, 2025

Your situation presents several potential pathways to adjust your status. The Quilantan entry refers to a legal precedent where individuals who were inspected and admitted at a port of entry (even without documentation) may qualify for adjustment of status - your vaccination and school records... View More

1 Answer | Asked in Immigration Law and Employment Law for New York on
Q: Can a non-U.S. citizen living abroad become a flight attendant in the U.S.?

I am a non-U.S. citizen currently living in Morocco. I am interested in becoming a flight attendant in the U.S., specifically with Delta Airlines. My plan is to first apply for an F1 visa and then change my status to work legally in the U.S. What steps should I take to achieve this goal, and what... View More

James L. Arrasmith
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answered on Mar 23, 2025

Becoming a flight attendant in the U.S. as a non-U.S. citizen presents some challenges, but it's not impossible. The most significant hurdle you'll face is obtaining proper work authorization, as most U.S. airlines, including Delta, require candidates to have the unrestricted right to... View More

1 Answer | Asked in Child Custody and Immigration Law for New York on
Q: How can I return to the U.S. as a minor in custody of my dad abroad?

I am a 16-year-old U.S. citizen currently in another country. My custody was given to my dad around July, but he does not want me to return to the U.S. due to my past behavior and associations with bad influences. I've been in this country for almost a year, and I'm unsure about the... View More

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answered on Mar 15, 2025

Since you're a U.S. citizen, you have the right to return to the United States, but there are a few steps you'll need to consider carefully. First, try to determine if your passport is still valid or if your father has possession of it. If you don't have your passport, contacting the... View More

1 Answer | Asked in Immigration Law and Banking for New York on
Q: Need help speeding up asylum process and replacing lost EAD card after moving.

I am Ethiopian and currently in the waiting process for my asylum case in the United States and would like to expedite it if possible. Additionally, I need to replace my Employment Authorization Document (EAD) card ASAP because I never received it, even though USCIS shows they sent it. This might... View More

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answered on Mar 15, 2025

To expedite your asylum application, you can submit a formal expedite request to USCIS with clear reasons and supporting documents explaining why your situation is urgent, such as financial hardship or humanitarian concerns. Draft a concise letter detailing your circumstances and attach evidence... View More

1 Answer | Asked in Immigration Law for New York on
Q: Will I face re-entry issues with H1-B visa stamped through old employer and new I-797?

I plan to visit India for three weeks and will return by April 17th. I currently hold an H1-B visa, which is stamped until May 15th, through my previous employer. I am now employed by a new company and have an I-797 valid until 2027. Will I encounter any issues when re-entering the USA under these... View More

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answered on Mar 15, 2025

You should not face any significant issues when re-entering the U.S. with your existing valid H1-B visa stamp and the new employer's approved I-797. Your H1-B visa stamp remains valid until May 15th, and you are allowed to use it to re-enter the country, even though it bears the name of your... View More

1 Answer | Asked in Immigration Law and Employment Law for New York on
Q: Will employment overlap affect future PERM, I-140, I-485, or H1B stamping?

Between my last job and my current one, there was a 5-day overlap (01/06 to 01/10), and I was mistakenly paid by both employers despite only working for the second during that time. My H1B was approved for both during this period. I've communicated the payroll error to my first employer, but... View More

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answered on Mar 9, 2025

Your 5-day employment overlap is unlikely to significantly affect your future PERM, I-140, I-485, or H1B stamping processes. USCIS generally understands minor administrative mistakes, especially if you've made efforts to correct the issue promptly, as you have already done by contacting your... View More

2 Answers | Asked in Immigration Law for New York on
Q: Can I apply for a family-based green card as an unmarried daughter of an American citizen?

I am a Canadian citizen currently residing in the U.S. on an H-1B visa for the past 5.5 years. My employer is in the early stages of sponsoring my green card application. However, I am exploring if I can apply for a family-based green card as a first preference since I am the 28-year-old unmarried... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Mar 9, 2025

A US citizen parent can file an immigrant petition for a child over 21 but getting a green card through this route would take a very long time...over 10 years

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1 Answer | Asked in Immigration Law for New York on
Q: Potential risks of traveling from NY to Puerto Rico on OPT with expired F1 visa.

I am currently on OPT and planning to travel from New York to Puerto Rico. My F1 visa is expired, and my OPT EAD card is valid until May 2025. I have applied for a STEM OPT extension, and it's pending with USCIS. My latest I-20 shows STEM OPT as "Requested." I will carry my OPT EAD... View More

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answered on Mar 9, 2025

Traveling from New York to Puerto Rico typically doesn't involve immigration inspection, as Puerto Rico is a U.S. territory. However, because your F1 visa has expired, you should be cautious. Even though you're traveling domestically, TSA might still ask for identification, and... View More

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