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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

2 Answers | Asked in Immigration Law for New York on
Q: Can an undocumented person become a registered assistant at a daycare center?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 17, 2023

An undocumented foreign national is not authorized to work in the USA

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1 Answer | Asked in Immigration Law for New York on
Q: I am a LPR who has been served NTA on abandonment of status charges

I have been outside the US for close to 8 years. I got served NTA when I flew into the US. I have every intention to live in the US now. My court hearing will be in Texas but I have now moved to New York.

- what are the chances of my motion to change court venue being granted?

-... View More

Caridad Pastor
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Caridad Pastor
answered on Oct 17, 2023

Your case is very complex and usually when you remain outside the USA for 8 years you are considered to have abandoned your LPR status. However, the final decision is up to the Immigration Judge. I strongly suggest you hire an immigration lawyer because these are not easy cases.

2 Answers | Asked in Immigration Law for New York on
Q: is Food truck busines could be approved for E2 visa application? truck cost about 100k

is it possible to get approval on a Food truck busines for E2 visa application by buy a Food truck cost 100k , 6 employees working?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 4, 2023

Yes, it is possible to get approved for E2 with a food truck business. Work with an immigration attorney

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1 Answer | Asked in Immigration Law and Employment Law for New York on
Q: Can I register and operate businesses with a G4 visa?

Hi All,

I’m currently in NYC with a G4 visa, employed by an international organization. I’ve spotted some business opportunities I’d like to pursue and have the green light from my organization’s Ethics Office. However, I’m unsure if my visa status allows for registering and... View More

James L. Arrasmith
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answered on Oct 22, 2023

A G4 visa allows you to reside in the U.S. due to your employment with an international organization. While the visa permits employment with the specific international organization, it does not generally authorize outside employment or business activities. However, there's a distinction... View More

1 Answer | Asked in Employment Law and Immigration Law for New York on
Q: Trafficking hotline says my case was referred to law enforcement and FBI but couldn’t give me any further information.

How do I know whom to contact- they said they referred to police and FBI.

James L. Arrasmith
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answered on Oct 22, 2023

If the trafficking hotline indicated that your case was referred to both local law enforcement and the FBI, you can start by contacting your local police department to inquire about any ongoing investigations related to your report. If they do not have information, you can reach out to the nearest... View More

1 Answer | Asked in Immigration Law for New York on
Q: Hi I applied for my son and wife in the year 2018 and my case has been documentarily complete since April 21, 2021

I am a USA green card holder I been getting the 60 day notice from Nvc for the past 2 years but suddenly for the past 4 months Nvc didn’t send me any notice what’s going does that mean interview will be scheduled?

James L. Arrasmith
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answered on Sep 14, 2023

The absence of notices from the NVC for the past few months does not necessarily indicate that your interview will be scheduled soon. Visa processing times can vary, and it's essential to monitor your case status on the Department of State's Visa Bulletin and continue to communicate with... View More

1 Answer | Asked in Family Law and Immigration Law for New York on
Q: I am a PHD student at Cornell. War just broke out in my country and my family and I dont have a country to go back to.

I need legal advice on what route to take. Additionally I am trying to make money while I'm here. Not sure if Special student relief or TPS is the best way forward.

James L. Arrasmith
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answered on Sep 14, 2023

Given the current situation in your home country, Temporary Protected Status (TPS) may be a more suitable option as it provides protection from deportation and work authorization. However, it's essential to consult with an immigration attorney who can assess your specific circumstances and... View More

1 Answer | Asked in Divorce, Family Law and Immigration Law for New York on
Q: How can I find out if I'm still the sponsor to my ex-wife (2-year-green-card recipient) that I've reported to USCIS?

I recently submitted a report with links to substantial evidence (PDFs of the full report, screenshots of phone messages to them and to me, all clearly dated and cross referenced; via my Google Drive) detailing my ex wife's infidelity throughout our dating, engagement, and marriage, with... View More

James L. Arrasmith
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answered on Sep 9, 2023

Submitting a report to USCIS with evidence of fraud does not automatically revoke your status as a sponsor. USCIS will investigate the matter, which could potentially be a prolonged process. To know the status of your obligations as a sponsor, you will likely need to proactively follow up with... View More

1 Answer | Asked in Immigration Law for New York on
Q: Lost GC but eligible for Naturalization

I'm a permanent resident in the US with a 10-year GC that expires in 2030. I moved to the United States in 2011. I got married in January 2017 but got divorced in June 2022 by mutual consent. I don't have any children. Along with my Indian passport, I also lost my GC. I reported the loss... View More

James L. Arrasmith
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answered on Sep 7, 2023

Given your situation, it is not necessary to renew your Green Card if you are applying for naturalization through the N-400 form, as you can submit your N-400 application even with an expired or lost Green Card. You should, however, report the loss to the USCIS and obtain a receipt notice, which... View More

1 Answer | Asked in Immigration Law for New York on
Q: My employment authorization card would expire in December 2023. It's a family based application.

Now, what's the next step towards the real Green-Card?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 19, 2023

If your employment authorization is pursuant to a pending family petition based adjustment of status application (AOS), you will get your green card upon approval of the AOS.

1 Answer | Asked in Immigration Law for New York on
Q: I am looking to file for dual citizenship. Do I need a lawyer to do this?

My mother was from Sicily, and I want to file for dual citizenship, I am not sure of the procedure and if a lawyer is needed.

James L. Arrasmith
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answered on Sep 3, 2023

While a lawyer is not strictly required to file for dual citizenship, legal guidance can simplify the process and help you avoid pitfalls, especially when dealing with foreign laws and documents. Obtaining dual citizenship with Italy involves multiple steps, such as verifying your eligibility... View More

1 Answer | Asked in Immigration Law for New York on
Q: Can I travel to th US on an ESTA, get married to US citizen, apply for i-130 while there and leave before my 90 day EST

I am trying to figure out if K1 or CR1 is best/quickest way to proceed as I plan to start work on medical residency programme in July 2025. Do I need to tell border officer I plan to marry on ESTA? I am concerned if I am breaking ESTA rules by going there and getting married and then applying for... View More

James L. Arrasmith
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answered on Sep 3, 2023

Entering the U.S. on an ESTA with the intent to marry and then adjust status can be viewed as visa fraud, which carries serious consequences. You can, however, enter on an ESTA, marry, and then leave the U.S. before your 90 days expire without adjusting status, but it's crucial to be... View More

1 Answer | Asked in Immigration Law for New York on
Q: EB-2 NIW Application on B-1/B-2

I am on a B-1/B-2 visa and I believe I am eligible for EB-2 NIW. I am a researcher, with an advanced degree, in a niche field in which the leading countries are competing. I am from Bangladesh, married and have 2 kids. My question is: Would it be safe to apply for the EB-2 NIW on a visit to the US... View More

James L. Arrasmith
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answered on Sep 3, 2023

Applying for an EB-2 NIW while in the U.S. on a B-1/B-2 visa could raise issues of "dual intent," potentially risking your B-1/B-2 status. Your "admit until date" on your B-1/B-2 status will not be automatically extended merely by filing an I-140; you would still be expected to... View More

1 Answer | Asked in Employment Law and Immigration Law for New York on
Q: Should I inform DSO I have an asylum pending case while I'm holding F-1 Visa? How does this may affect my Visa?

My graduation is in August 2024. Meanwhile, I am actively looking for a job. I came to the career center at my school and they asked me to apply either for CPT or OPT. Should I just tell them I already have an EAD from the asylum? Or Is this a bad idea? Would they withdraw my I-20? I am a dependent... View More

James L. Arrasmith
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answered on Sep 3, 2023

Informing your Designated School Official (DSO) about your pending asylum case and EAD could potentially put your F-1 status at risk, as F-1 is a non-immigrant intent visa and applying for asylum may show immigrant intent. Your DSO may choose to terminate your I-20 if they believe that you have... View More

1 Answer | Asked in Criminal Law, Family Law, Immigration Law and Domestic Violence for New York on
Q: The abuse waiver is specifically for abuse taking place while living together, and before filing divorce, right?

Gathered screenshots of my conditional-2-year-green-card-recipient-wife cheating during entirety of our dating/marriage, and about to send to USCIS to show it's not bonafide, just got the final decree.

After we filed and I threw her out of my place, texted her harsh text messages,... View More

James L. Arrasmith
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answered on Sep 3, 2023

The abuse waiver for the I-751 petition to remove conditions on residence is generally intended for victims of abuse that occurred during the marriage. Evidence of cheating may be relevant to the bona fides of the marriage but is not directly related to an abuse waiver. Be aware that stalking or... View More

1 Answer | Asked in Immigration Law for New York on
Q: Will USCIS alert me and/or give me a chance to respond, if my ex-wife attempts to get a divorce waiver?

My ex-wife received her two year green-card 9/2022, and we have not received the divorce decree yet. Once we receive it, I'm sure she will want to apply for her 10 year green-card, so she will have to attempt to have the conditions dropped and apply for a divorce waiver, correct? At such a... View More

Howard E. Knispel
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Howard E. Knispel
answered on Aug 10, 2023

This is not a Family Law question. This is an immigration law question and you need to post to that forum.

1 Answer | Asked in Immigration Law for New York on
Q: Please see details below! Thank you

Hello, I want to start a K1 petition for my fiancé we have a child together but when the child was born I did not put the fathers name on the birth certificate because I needed his permission to obtain a US passport and since he is not in the United States I was told it would be easier for me to... View More

Kevin L Dixler
Kevin L Dixler
answered on Aug 9, 2023

Bad information and gossip can prove costly and detrimental. This decision complicates matters, but more delay will make matters worse. I strongly recommend an appointment or Zoom Meeting with a competent and experienced immigration attorney as soon as possible. More ought to be done, sooner!

1 Answer | Asked in Immigration Law for New York on
Q: Will I need authorization to volunteer at a museum?

I am Chinese International Student studying on a F1 visa and was offered a volunteer position at a Chinese American Museum. I was wondering if I would require any type of work authorization to perform this. The positions are all completely staffed by volunteers, but I'm worried that it might... View More

James L. Arrasmith
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answered on Sep 3, 2023

Volunteering while on an F1 visa can be a complex issue. The general rule is that if the position could be paid employment, then it would typically require work authorization. You should consult an immigration attorney to assess the specifics of the volunteer position and whether it might be... View More

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