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New York Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New York on
Q: I received my OPT EAD combo with start dates before my graduation date. What should I do ?

I received my OPT approval with start date of 11/21/2023 while my request start date was 02/05/2024.

My graduation date was 12/19/2023.

I contacted USCIS and mailed back my EAD card with a letter explaining the issue and also proof of documents to justify the same.

However... View More

James L. Arrasmith
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answered on Jan 4, 2024

In your situation, dealing with a discrepancy in your OPT EAD start date, you've already taken the correct initial steps by contacting USCIS and submitting a request to correct the error. However, given the lack of response for 1.5 months, it's important to follow up more assertively.... View More

2 Answers | Asked in Immigration Law for New York on
Q: Hi I came USA on my husband spouses. And I have greencard it’s not a year yet. My husband still deport me take any actio

He can take any other action. Our relationship is not good.

Ghenadie Rusu
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answered on Jan 1, 2024

If I understood correctly, you're concerned about your immigration status in the United States in the event of a divorce from your spouse. Since your green card is still conditional and valid for two years, your status is somewhat dependent on your marital situation. However, even in the case... View More

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2 Answers | Asked in Immigration Law for New York on
Q: Can I continue volunteering as a photographer if I'm working as an software engineer for an entertainment company?

I am currently working as a software engineer at a media & entertainment company while on my STEM extension and wondering this would be considered "for professional benefit" if I volunteer as a photographer as a hobbyist for a local high school sports team. I did get paid as a... View More

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answered on Dec 31, 2023

Most likely, volunteering as a photographer for a local high school sports team, especially since it's a hobby and you're not getting paid for it, will not be problematic for your STEM extension status. Voluntary activities that are not for compensation typically don't conflict with... View More

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3 Answers | Asked in Immigration Law for New York on
Q: expired and lost green card

green card is expired and lost do i just need to file an l-190 or are there additional forms i need to get done

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 22, 2023

https://www.uscis.gov/i-90

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2 Answers | Asked in Criminal Law, Immigration Law and Health Care Law for New York on
Q: Should I be concerned about signing the HIPAA waiver form in order for the defendant to be prosecuted?

I was assaulted and taken to the ER

T. Augustus Claus
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answered on Dec 21, 2023

If you were assaulted and taken to the ER in New York, signing a HIPAA waiver form may be necessary for the defendant to be prosecuted. The Health Insurance Portability and Accountability Act (HIPAA) typically protects your medical information, but in criminal cases, releasing certain medical... View More

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1 Answer | Asked in Immigration Law for New York on
Q: Can a greencard holder in removal proceedings due to abandonment charges adjust status?

Can a greencard holder in removal proceedings due to abandonment charges adjust status with an employment based green card?

James L. Arrasmith
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answered on Dec 22, 2023

If you're a green card holder facing removal proceedings due to abandonment charges, the possibility of adjusting status through an employment-based green card can be complex and depends on specific circumstances. Generally, being in removal proceedings can complicate any attempts to adjust... View More

1 Answer | Asked in Immigration Law for New York on
Q: NVC terminated my case due to dormancy

Is there any way this case could be reinstated? If i leave the USA and then come back a week after spending 6 months would that be okay? Do i have to file an 1-130 again?

James L. Arrasmith
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answered on Dec 22, 2023

If your case was terminated by the National Visa Center (NVC) due to dormancy, it indicates that there was a prolonged period of inactivity in your case. However, there might be a possibility to reinstate the case, depending on the specifics of your situation.

To explore reinstatement, you...
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3 Answers | Asked in Immigration Law for New York on
Q: Can i file l130 if im 22 and unmarried. My dad is. US ciztizen and i overstayed my visa

As mentioned im 22 and unmarried, I do have a baby here in the usa, I know that doesn’t change anything. I’m just curious to know if I could apply and adjust my status given my overstay. My dad is a Us Citizen

Symantha Rhodes
Symantha Rhodes
answered on Dec 21, 2023

Yes, your U.S. Citizen father may file a Form I-130 naming you as the beneficiary, however, you would need to file a Form I-485 to adjust your status to get work authorization and a green card. Because you are not a minor, you would have to wait until the I-130 is approved and a visa is available... View More

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1 Answer | Asked in Immigration Law for New York on
Q: Staying in Canada for 6 months

I got divorced recently, and my ex-wife went back to Canada with my two kids (one and four years old). I live in New York, and I have a court order to see the kids twice a month. However, it’s kind of hard going back and forth every month and crossing the border, and every time I do, the officers... View More

James L. Arrasmith
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answered on Dec 13, 2023

As a U.S. citizen, you can generally stay in Canada as a visitor for up to six months. When you arrive at the border, it's important to be transparent about the duration and purpose of your stay. Mention that you intend to visit your children, and have documentation ready, such as the court... View More

2 Answers | Asked in Immigration Law for New York on
Q: Can a US citizen with dual citizenzenship reenter the United States with an expired US passport?

I have to travel urgently, will I be allowed to reenter the United States with an expired US passport?

Glendia  Del Evans
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Glendia Del Evans
answered on Dec 12, 2023

It depends. If you are a dual citizen of a country such as Canada, you may enter through a land border Port of Entry ("POE") on a lost or expired U.S. Immigration passport by providing a valid Canadian Passport. This is not usually possible if you travel by plane. It is important to... View More

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1 Answer | Asked in Immigration Law for New York on
Q: I received a citation ticket for fare evasion. I paid a fine of $ 100.00. How do I answer ques 22, 23, 24 , 25 of N400
James L. Arrasmith
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answered on Nov 29, 2023

When filling out the N-400 form for naturalization, it's crucial to answer all questions honestly and accurately, including questions 22, 23, 24, and 25, which relate to your criminal history and moral character.

For question 22, which asks if you have ever been arrested, cited, or...
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1 Answer | Asked in Immigration Law for New York on
Q: my sister applied for the i-90 2 months ago and she just got it how come i didn't get mine yet
James L. Arrasmith
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answered on Nov 28, 2023

The processing time for I-90 applications (Application to Replace Permanent Resident Card) can vary significantly from one case to another, and there are several reasons why your sister might have received her new card while you're still waiting for yours:

Different Processing Centers:...
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1 Answer | Asked in Immigration Law and Gaming for New York on
Q: Can using Draftkings affect my citizenship application? Legal in my state

I am not sure participating in Draftkings is legal in federal law or not.

I am aware that as a green card holder, purchasing or consuming marijuana can be the reason for denial of my application, even though it is legal in my state. This is due to it’s federal illegality.

The... View More

James L. Arrasmith
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answered on Nov 23, 2023

Participating in DraftKings, or similar online fantasy sports platforms, can raise concerns when applying for U.S. citizenship, particularly if there's ambiguity about its legality under federal law. Although fantasy sports are legal in many states, federal law can view certain types of online... View More

1 Answer | Asked in Immigration Law for New York on
Q: Can I travel internationally if I have I-797 petition approved for new lawyer but I have not joined yet?

I have my I-797 approved from my new employer but I have not resigned from my current employer yet. Can I travel internationally in this scenario given I have unexpired H1-B stamp on my passport? If yes, then which I-797 should be shown while entering back in USA. This is considering I might not... View More

James L. Arrasmith
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answered on Nov 21, 2023

If you have an I-797 approval for a new employer but haven't yet joined them, you can still travel internationally with your current valid H1-B visa. The unexpired H1-B stamp in your passport allows re-entry into the United States under your current employment.

Upon re-entering the...
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1 Answer | Asked in Immigration Law for New York on
Q: Travel internationally with unexpired H1-B stamp and new I-797

I have an unexpired H1-B visa stamp until 2025. I plan to change my job in January and obtain new I-797. Can I travel internationally in March 2024 with the unexpired visa stamp from my old employer and new approved I-797 petition with the new employer?

James L. Arrasmith
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answered on Nov 21, 2023

Yes, you can generally travel internationally with an unexpired H1-B visa stamp and a new I-797 from a different employer. The H1-B visa stamp in your passport remains valid until its expiration date, regardless of your employer change. When you return to the U.S., you should present your unexpired... View More

1 Answer | Asked in Immigration Law for New York on
Q: How do I obtain a passport for my minor child when the other parent refuses to sign the form?

Ex and I were never married. Ex lives in New York, Son and I reside in FL. Son was born in Florida. Ex said he will not sign the paper work so I can get our sons passport. I got my sons passport when he was three months old (ex was not on birth certificate at the time, was added later in time)... View More

James L. Arrasmith
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answered on Nov 17, 2023

In your situation, obtaining a passport for your minor child without the other parent's consent can be challenging, but there are steps you can take. Since both parents are typically required to give consent for a minor's passport, your options may include seeking a court order that... View More

1 Answer | Asked in Immigration Law for New York on
Q: IR5 Visa derivative options, my little sister (12) is the only one left in home country and unable to add her to CEAC.
James L. Arrasmith
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answered on Nov 12, 2023

In the case of an IR5 visa, derivatives are not typically available. However, there are alternative paths to consider for your sister. One option might be to apply for a different type of family-based visa that allows for derivative beneficiaries. Another possibility is to explore humanitarian... View More

1 Answer | Asked in Immigration Law for New York on
Q: I filled an 129f for my fiancee who is an Haitian national. what are my option bc the embassy is close?

The petition has been approved recently. I was wondering what are my options?Do they have another alternative?

James L. Arrasmith
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answered on Nov 9, 2023

If your fiancée is from Haiti and the embassy there is closed, you may want to explore whether the U.S. Department of State has designated an alternative post for processing K-1 visas for Haitian nationals. This information can often be found on the U.S. Embassy's website for Haiti or by... View More

1 Answer | Asked in Employment Law and Immigration Law for New York on
Q: Hi, My query Regarding Employment.Am on an H4 dependent visa, shall I apply for EAD without an I-140?Thanks.James
James L. Arrasmith
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answered on Nov 8, 2023

Hello James, I am also James! Nice to meet you. I hope that you are having a great week.

Under the current immigration regulations, as an H-4 visa holder, you are eligible to apply for an Employment Authorization Document (EAD) if your H-1B spouse has an approved I-140 (Immigrant Petition...
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1 Answer | Asked in Family Law and Immigration Law for New York on
Q: Does Cuthill v. Blinken decision in second circuit is applicable in my situation?

I filed an i-130 petition for my minor children as a lpr but i become a citizen and petition is still pending a decision my son is above 21 when i become a citizen but i filed as a lpr for F2A category but uscis upgraded the category to F-1 i initially filed the petition from new york but later on... View More

James L. Arrasmith
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answered on Nov 4, 2023

The Cuthill v. Blinken decision in the Second Circuit may be relevant to your situation, particularly if your case would benefit from the application of the Child Status Protection Act (CSPA) to lock in your child's age as under 21 at the time you filed the I-130 petition. Since the petition... View More

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