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New Jersey Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New Jersey on
Q: Can my wife re-enter the U.S. on an F1 visa smoothly? My PERM application is under processing.

I am currently on an H1B visa with my PERM application in progress, and my wife is in her first year of OPT on an F1 visa. We need to travel to India for my sister's wedding. Can my wife re-enter the U.S. smoothly with a valid F1 visa stamp?

I will likely receive my PERM decision... View More

James L. Arrasmith
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answered on Jun 27, 2024

To address this question thoroughly, let's break it down into key points and considerations:

1. Your wife's current status:

- F1 visa holder

- In her first year of OPT (Optional Practical Training)

- Has a valid F1 visa stamp

2. Your status:...
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2 Answers | Asked in Immigration Law for New Jersey on
Q: Can the sponsor of a green card beneficiary file a petition to have that green card rescinded?
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answered on Jun 13, 2024

Yes, in certain circumstances, a sponsor of a green card holder (permanent resident) can request to have the sponsorship and green card revoked. This is typically done by filing Form I-130, Petition for Alien Relative, and withdrawing the petition.

However, there are some important...
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2 Answers | Asked in Immigration Law for New Jersey on
Q: Can the sponsor of a green card beneficiary file a petition to have that green card rescinded?
Leonard R. Boyer
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answered on Jun 15, 2024

The sponsor of a green card can file a form trying to get the green card rescinded, but that does not mean that will actually happen. USCIS is understaffed and overloaded, so there is no guarantee it will even be looked at. You also need to have an extremely good reason or you may have significant... View More

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1 Answer | Asked in Immigration Law for New Jersey on
Q: If the asylum clock is stopped due to a request for time from the judge to bring a lawyer, when will it return to

If the asylum clock is stopped due to a request for time from the judge to bring a lawyer, when will it return to counting? Will it return after it was stopped, or will it make up for the period during which it was stopped?

James L. Arrasmith
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answered on May 21, 2024

When an asylum applicant requests additional time to find an attorney, the immigration judge may grant a continuance and stop the asylum clock. The asylum clock will resume on the date of the next hearing after the continuance.

However, the asylum clock will not make up for the time period...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: How likely is it a single disorderly conduct citation in NJ lead to denial of citizenship or even deportation?

Police was called to hotel after knocking on wrong hotel room door while intoxicated. Weeks later was cited for disorderly conduct and judge made mention of possible ramifications leading from first and only ever legal infraction. Terrified to think this could lead to life altering consequences.

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answered on May 16, 2024

Based on the information provided, it is unlikely that a single disorderly conduct citation in New Jersey would lead to denial of citizenship or deportation on its own. However, it's important to consider a few factors:

1. Immigration status: The potential consequences may depend on...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Is it mandatory to travel to India from USA for H1B visa stamping when a person is not in USA during I129 filing.

My spouse travelled to USA from India in 2022. I applied for H1B lottery in 2023, my application got picked up in lottery. My Employer had filed the H1B petition in June 2023. I travelled to USA as dependent on H4 in August 2023. In Jan 2024, my H1B petition got approved. Now I am willing to work... View More

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answered on May 15, 2024

Based on the information provided, it seems that you are currently in the United States on an H-4 visa, and your H-1B petition was approved in January 2024. In this situation, you have two options:

1. Change of Status (COS) within the United States: You can file Form I-539 to request a...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Lies and dishonesty on immigration status

During my divorce I’ve learned that my ex was actually making money from his personal business overseas while he was applying for his green card. He stated on his documents that he wasn’t earning money. Is this illegal? Can it get him deported? Is there anything I can provide to immigration to... View More

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answered on Apr 29, 2024

It sounds like you are going through a difficult situation with your divorce and the revelation about your ex-husband's dishonesty regarding his income when applying for a green card.

Providing false information on immigration documents is indeed illegal. It falls under the category...
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2 Answers | Asked in Immigration Law for New Jersey on
Q: Can my Irish fiance and I marry in the US during his visit and then return to Ireland for it to be recognized there?

The plan is for me to move to Ireland to live with him, but it seems like it may be easier if we marry in the US (less paperwork). What are the requirements for him to legally marry me here in the US? And will it be valid and recognized as a marriage back in Ireland?

James L. Arrasmith
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answered on Apr 25, 2024

Marrying in the US and having the marriage recognized in Ireland is possible, but there are a few important considerations:

1. Visa: Your fiancé will need a valid visa to enter the US. A tourist visa (B-2) does allow getting married, but it's crucial that he doesn't misrepresent...
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1 Answer | Asked in Tax Law and Immigration Law for New Jersey on
Q: Filing tax returns as F-1

As the end date is getting closer, I am wondering that what option should I select in my marital status? I have been to US since 2022 as an international student and working on CPT. I am married but my spouse never been to US. She is in home country. In this context, should I select... View More

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answered on Mar 29, 2024

When it comes to filing your tax returns in the United States on an F-1 visa, your marital status plays a crucial role in determining how you should file. Since you're married, but your spouse has never been to the U.S. and presumably doesn't have income subject to U.S. tax laws, you face... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: removal order can i file vawa get a travel parole ?

hi sir/mam i enter this

country illegally c1d crew man visa i filed asylum denied ij order

removal i appealed my case its pending in BIA recently i got married

USA citizen she is abusing me i m looking to file vawa if i file

possible to get travel document and removal order get terminated

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answered on Mar 14, 2024

If you are currently under a removal order and your asylum appeal is pending with the Board of Immigration Appeals (BIA), you may still be eligible to file for relief under the Violence Against Women Act (VAWA) if you are being abused by your U.S. citizen spouse. Here's some information that... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: I am reapplying F-2

My F-2 was previously denied due to concerns related to the legality of cousin marriage in the state my spouse was residing in at the time of application. It was a year ago. Now I am scheduling my visa interview date online but under "Visa priority" when i select previously refused, the... View More

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answered on Mar 8, 2024

To request an expedited interview for your F-2 visa after a previous refusal, you can follow these steps:

1. Contact the U.S. embassy or consulate where you plan to apply for your F-2 visa. Explain your situation, mentioning that your spouse's I-20 end date is June 2025 and that more...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Lied about “name given at birth” on visa green card application and marriage license can I be deported
James L. Arrasmith
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answered on Mar 7, 2024

If you provided false information on your visa, green card application, or marriage license, including lying about your "name given at birth," it could lead to serious consequences. The U.S. immigration law is stringent about the accuracy of the information provided on immigration-related... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: Can a borough ordinance conviction affect my US visa application?
James L. Arrasmith
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answered on Mar 7, 2024

When applying for a US visa, applicants are typically required to disclose any past convictions as part of the application process. The impact of a borough ordinance conviction on your visa application can depend on the nature of the offense. Minor violations or infractions, especially those not... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: My i797 is valid till 2026, company is filed H1 amendment, with out approval of amendment can i file H4 & EAD Eextension
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answered on Mar 5, 2024

When your company files an H1 amendment, it indicates changes in your employment terms such as job duties, work location, or salary. This process is necessary to maintain the validity of your H1B status under the new conditions. Your I-797 form, which confirms your legal status and work... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: Can i open an LLC along with my full time job (40 hrs) on F1 Stem OPT?

I am currently on F1 STEM OPT expiring in 2026. I have a full time job with an employer who pays me good. I want to start a business (open an LLC) and continue working for my employer along with the LLC work. Is this possible?

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answered on Mar 3, 2024

While on F1 STEM OPT, your primary focus should be on gaining practical experience in your field of study through employment that is directly related to your major area of study. The regulations surrounding the F1 visa and STEM OPT specifically allow you to work for an employer who is E-Verify... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: Have you ever been refused a U.S Visa, or been refused admission to the United States or withdrawn your application for?

So I and my spouse are first cousins and he is in the US on F1 visa. I got my F2 rejected last year due to this cousin marriage reason as told by the visa officer during my visa interview in the embassy. Now he has moved to another state in US where cousin marriage is not illegal by state law. My... View More

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answered on Mar 2, 2024

When filling out your DS-160 form, honesty and accuracy are paramount. In response to the question regarding prior visa refusal, you should select "Yes," as you have previously experienced a rejection. This is crucial because the U.S. immigration authorities value transparency and... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: What choices do I have coming here on a visiting visa in 2022 to claim a green card or some form of residency ?
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answered on Feb 26, 2024

If you arrived in the U.S. on a visiting visa in 2022 and are exploring ways to obtain a green card or some form of residency, there are several paths you might consider, though each comes with its own set of requirements and limitations. It's important to evaluate these options carefully to... View More

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1 Answer | Asked in Immigration Law for New Jersey on
Q: After paying $10,000, the immigration lawyer has shut down due to medical reasons. how can I get my money back?

He has been pushing through my application, but nothing has come back for the 6 years that I’ve been working with him. I recently noticed an email stating that their office was closing down his practice because he can no longer continue due to medical regulations. I never received a phone call or... View More

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answered on Feb 21, 2024

It's unfortunate to hear about your situation with the immigration lawyer. Given the sudden closure of the lawyer's practice due to medical reasons, your first step should be to try to reach out to the lawyer or their office to discuss the matter directly. Express your concerns about the... View More

Q: Is Abuse and Exploitation, identity theft, financial abuse, physical and emotional abuse fall under white collar crime?

My current guardian has abused her placement by deliberate maltreatment and manipulation of my health using my mental health against me. Guardian has been taking advantage of me, my entire life as a person for her personal gain and control. She assaulted me with a broom. Then she admitted in open... View More

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answered on Feb 21, 2024

Yes, the types of abuse and exploitation you have described would generally be considered forms of white collar crime. Specifically:

- Identity theft - Using someone's personal or financial information illegally for fraudulent purposes. This is a type of white collar crime.

-...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: For filing my permanent residency in USA fromI485, I do NOT have my old expired passport original/copy

I am interested in filing my permanent residency in USA. For filing the form I485, I understand I have to have all my old passports that is then used to verify travel history. I do NOT have my old passport for the years 2013 to 2023. Nor do I have copies of the same. Will that cause issues with the... View More

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answered on Feb 21, 2024

Not having your old expired passports for the specified period might pose challenges when filing your I-485 petition for permanent residency in the USA. These passports serve as crucial documentation to verify your travel history, which is often required by U.S. Citizenship and Immigration Services... View More

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