Ask a Question

Get free answers to your Immigration Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for New York on
Q: Hi good night every day I check my asylum clock and a day add on this morning I check it and the clock remains the same

Do you think my asylum clock as stop

Symantha Rhodes
Symantha Rhodes
answered on Aug 27, 2024

I cannot determine if your asylum clock has stopped based solely on the information you've provided. The status of your asylum clock depends on various factors. Missing an interview or court hearing can cause the clock to stop. Contact your immigration attorney to review your case in detail... View More

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: How to account for 5 and 7 years for naturalization after being paroled back after 21 years and retain green card?

I was removed from the United States from 2002 to 2023—a total of 21 years. I was paroled into the United States & My green card was reinstated when I applied for it and received it eight months later. From what I can gather, it appears that the government, possibly urged by the immigration... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2024

When you’ve had your lawful permanent resident status restored after a long period of removal, the time spent outside the U.S. typically doesn’t count towards the residency requirements for naturalization. The 5-year and 7-year residency requirements for naturalization refer to continuous... View More

1 Answer | Asked in Immigration Law for New York on
Q: Did I lose my LPR physical presence & residency of 5 and 7 when deported and paroled in?

I was deported in 2002 for moral turpitude, not an aggravated felony after getting LPR in 1989. I was paroled back into the United States in 2023 after 21 years when the BIA reopened the case. I had a Social Security number (SSN) with my first green card 1989. I received an approved replacement... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024

To apply for naturalization, you need to prove continuous residence in the U.S. for five years as a lawful permanent resident (LPR). Since you were deported in 2002 and only recently paroled back into the U.S., the time you spent outside the country likely interrupted your continuous residence,... View More

2 Answers | Asked in Immigration Law for New York on
Q: What would be an appropriate amount of salary decrement for an O-1 visa holder?

We are a small Inc. company incorporated in Delaware and are now considering reducing the salary of two founders. Both are O-1 visa holders and each earns around $9k/month. Specifically, we want to know:

- What happens if we reduce the salary and how much decrement is recommended?

-... View More

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024

Reducing the salary of O-1 visa holders can impact their visa status since the O-1 visa requires maintaining employment terms consistent with what was presented to USCIS. While no specific percentage is set for salary reductions, any significant decrease might trigger the need to notify USCIS and... View More

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: Can I transfer my approved H1B to a new employer before its activation on October 1?

My I797A petition was approved in June. I left my employer in July. I just got a new job offer and they want to transfer the H1B to them with a transfer date of October 1. Is this possible? The I797A is still active an not revoked.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2024

Yes, you can transfer your approved H-1B to a new employer before its activation on October 1. Since your I-797A is still active and has not been revoked, the new employer can file an H-1B transfer petition on your behalf. This transfer can be done even though your H-1B status is not yet effective.... View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
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?

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Aubrey Claudius Galloway
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).

View More Answers

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.

View More Answers

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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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,...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.