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New Jersey Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New Jersey on
Q: How does the 5 year bar work if you break your continuous residence?

How does the 5 year bar work for public benefits (ex. SNAP) if you break your continuous residence for more than 12 months and are regiven a greencard? Do the 5 years start on the date of original entry or reentry?

Monica E Rottermann
Monica E Rottermann
answered on Jul 12, 2022

Your eligibility would be governed by the date of admission on your green card. It is unclear whether you were found to have overcome an abandonment and were able to keep your green card or if you were found to have abandoned your status and had to re-apply for a new green card. In any event it... Read more »

1 Answer | Asked in Family Law and Immigration Law for New Jersey on
Q: how much would a lawyer charge to do a sijs case?

My sister is completing 21yrs old by the end of august, she is living in the USA on a expired B2 visa. Recently she found out that she could be eligible for the SIJS since she meets the criteria. The lawyer she talked to was asking for $7k to represent her, i thought that was a high price, i know... Read more »

Richard Diamond
Richard Diamond
answered on May 10, 2022

The issue is purely an immigration claim and needs to be answered by an immigration law specialist. Our firm specializes in divorce and family law issues and while there is an overlap between immigration issues and family law, in this setting, it is best to address your concerns over costs and... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: I got married nov 2019. Then me and my husband filed so he can get his temp green card. We share a sim together.

I seperated from him oct 2020 because I found texts between him and a family member telling them to get the permanent green card and leave me. Divorce finalized with agreement that I have sole legal and physical custody. No child support. He sees his child once a month. Now he’s waiting for... Read more »

Agnes Jury
Agnes Jury
answered on May 9, 2022

He will not get permanent residency if you do not attend the interview with him. If you want to make sure he doesn't get the permanent residency, send in your divorce decree to the field office where the I-485 is being handled and where the interview is to take place. Best wishes!

1 Answer | Asked in Immigration Law for New Jersey on
Q: Can the disclosure of my membership in a political party can affect my AOS?

With a pending affirmative I-589. Is it safe for me to applied for AOS? I married a USC. Also, I know that I have to disclose on my I-485 that I was a member of a Political group back home. Will it affect my AOS?

P.S: I am sure they already have these information on my I589

Agnes Jury
Agnes Jury
answered on Apr 25, 2022

You must be truthful and consistent with your previous statements in filings. The effect of your membership depends on what type of political party it was. For example see:... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: I would like to file for citizenship but I am wondering if I have to proof of corona 19 vaccination?
Adan Vega
Adan Vega
answered on Apr 14, 2022

The process to request naturalization (FORM N-400) does not require that you obtain any type of vaccination.

1 Answer | Asked in Immigration Law for New Jersey on
Q: What do you do when you have fulfilled the criteria for immigration benefit and you are not granted relief

If you completed all the requirements, such as a pass in Citizenship test, no criminal conviction, etc, in order to have the citizenship certificate issued, and it is not issued, what do you do

Agnes Jury
Agnes Jury
answered on Apr 8, 2022

Depends on WHY the certificate is not issued so more information is needed. Best wishes!

3 Answers | Asked in Immigration Law for New Jersey on
Q: I lost my i94 and passport in a house fire. My wife got her citizenship and wants to file for me. I want to prove entry

How do I prove lawful entry. I came here in 2005

Ify Princess Ikeakanam
Ify Princess Ikeakanam
answered on Apr 6, 2022

Do you know your passport info? You could potentially retrieve your I-94 online. Or FOIA requesting your immigration records which should include I-94 info. You’ll probably need to get a new passport at this point. Good luck!

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1 Answer | Asked in Family Law and Immigration Law for New Jersey on
Q: Reply by Mar 31.What impact does the decision of the U.S. Department of Homeland Security - U.S.C.I.S. In other words,..

What, if any, evidentiary weight should a New Jersey Superior Court judge give to the federal agency’s revocation of its prior approval of Decedent’s Petition for Alien Relative based on its finding that the marriage between Respondent and the Decedent was a sham marriage?

Richard Diamond
Richard Diamond
answered on Apr 3, 2022

Based on the limited information provided, I presume that you are in the process of a divorce or contemplating a divorce and trying to figure out whether a sitting NJ Superior Court family part judge is required to view the marriage as a sham as well for the legal issues presented / to be... Read more »

3 Answers | Asked in Immigration Law for New Jersey on
Q: Should I apply for I-539 or i-485? Or both?

Hi.

My mom has nonimmigrant visa(10 years).

This is her second visit to the US(she came here before on 2016) . I am US Citizen and I applied I-130 for her online. Her stay will expire next month and I want to extend her stay. I am a single mom, working full time and all my family is... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 12, 2022

A US citizen daughter can sponsor her mother for a green card provided that mom entered the United States with permission. Even if mom is in overstay status, you can still file for her and she could qualify to get a green card. The processing time takes roughly 10 months to 12 months. I would not... Read more »

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1 Answer | Asked in Immigration Law for New Jersey on
Q: My boyfriend has a green card and caught the following charges /Manufacture,Distribute,Dispense will he loose his gcard?

My boyfriend has had a green card since the age of 6 got the following charges at 19 1 count of :

2C:35-5A1*1 CDS/Manufacture,Distribute,Dispense /1 has been incarcerated for 5years will he face deportation after serving his time? And get his green card revoked?

Kevin L Dixler
Kevin L Dixler
answered on Feb 8, 2022

I strongly recommend an appointment or teleconference with a competent immigration attorney. The crime appears serious and can result in a deportation order, but it is unclear whether the words and substance involved can be defined as a crime that lacks any relief.

If you require a second...
Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: N400 or N600 as the child of a USC who came to the US at age 20 with Resident Card category IR2?

I was Born in 1997 in Haiti. I came to the US 2017 while I was 20 years old on a Green Card category IR2. My mother is a Haitian citizen and still living in Haiti with no tight to the US as for my father, he became a USC in 2010 while I was 13 years old. Now I am caught between the rock and a hard... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Jan 14, 2022

If you were admitted into the U.S., as a green card holder, at the age of 20 years, then you cannot derive citizenship through your father. That means that you should consider whether to file a form N-400. This, after you have five years of uninterrupted lawful permanent resident status. Still,... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Process for H4 Visa. Really Important! Honest Answers appreciated Please

Hi, I have completed my Masters in USA and I'm currently working and I'm still on F1 OPT EAD. I haven't been to India since 2019 due to Pandemic. 2022 March will be the first filling for my H1B. If my H1B is approved,

1) how can I bring my husband to US whose in India right... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 28, 2021

You request a very detailed and extensive legal advice that requires a full consultation based on evidence, fact, documents, and your personal involvement it’s impossible to advise you based on that paragraph in a detailed fashion without your participation.

1 Answer | Asked in Immigration Law for New Jersey on
Q: I am a US citizen who was living abroad and I have a daughter who was born there how can she become a citizen?

I applied for her mother green card before she was born. Her mother’s case is in NVC now, Does she get added to her mother’s case?

Samuil Buschkin
Samuil Buschkin
answered on Dec 26, 2021

Several factors to be considered to understand whether your child acquired citizenship by birth or whether additional steps are required. Were you and the mom married at the time of birth, is one of them. Best to contact an immigration attorney for an analysis.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Case status changed from Refuse to Ready

I did my interview on November 1 and I was temporarily refused because I didn’t have my police report. The consular officer said that my case is approved but they will need the police report before the visa is issued and they kept my passport with them. I mailed in my police report and after a... Read more »

Raymond  Lahoud
Raymond Lahoud
answered on Dec 6, 2021

That likely means the visa is ready to be issued.

2 Answers | Asked in Immigration Law for New Jersey on
Q: Case Status says administration processing but I wasn’t informed of this. Please see below for more details

After my interview the consular officer temporary refused my visa application and requested that I do a DNA test to prove relationship with my mom. The dna test result came back positive. After two months I receive an email from the embassy that they have completed administration processing on my... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 30, 2021

The US consulate section is finishing your case and will inform you by email of its results. It appears that after completing their administrative processing portion of your case the counselor office is ready to issue a decision which you will be receiving by email.

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4 Answers | Asked in Immigration Law for New Jersey on
Q: I came to the USA as child with a green card and obtained a us passport through my father. Iam not recognized as a citiz

I am not recognized as a citizen according to the social security administration. The issue is that I don't have any supporting documents other than a lost and expired us passport. They advised that I get an immigration lawyer.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 29, 2021

In order to assess you next legal stop how to proceed you have to discuss that naturalization claim situation directly with an immigration counsel of your choice either in person or remotely.

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3 Answers | Asked in Immigration Law for New Jersey on
Q: If I voluntarily resign my job while on H1B, can I make use of the 60 day grace period to stay in the US?

Hello everyone! I have been on the H1B with a stamped visa in my passport since Oct 2020. I am planing on quitting my job this month due to a toxic work environment.

1. Am I able to stay in the US legally for 60 days to wrap up things here after quitting the job, despite not being fired?... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Nov 28, 2021

The petitioner is the employer. So, the petition is unique that way.

To answer the rest of your questions, you should speak with an attorney, allowing them to analyze all the facts.

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4 Answers | Asked in Family Law and Immigration Law for New Jersey on
Q: If USC refuses to go the i751 interview?

ONLY FOR IMMIGRATION LAWYERS

My USC husband might refuse to go the interview because we filed jointly but he has been cheating that I found out about later. I confronted him but a few months ago when I confronted again he got mad and said he will divorce me soon. Didn't do anything its... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Nov 2, 2021

Hello, sorry to heat about your situation.

There is so much happening based on what you have indicated that it would be best if you found a lawyer to talk with. The USC can't be forced to go to the 751 interview and if he divorces you and sends the decree to USCIS the application is...
Read more »

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4 Answers | Asked in Immigration Law, Civil Litigation, Civil Rights and Health Care Law for New Jersey on
Q: HIV positive Ayslum requested

Dear Sir/Madam

I came to the USA on 12 November 2020 from Freetown Sierra Leone . I have a bad news from when I was sick I went to the medical hospital they told me the I am HIV positive.

I have to tell the news back home to my friend and relatives but I could not bear what they... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Oct 31, 2021

Sorry to hear this. You can apply for asylum but be prepared to present a lot of evidence to back up your claim. Good luck.

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2 Answers | Asked in Family Law and Immigration Law for New Jersey on
Q: I don't have a solid proof but I think my husband has married another woman he is cheating me on with. What do I do

He has been cheating on me for a long time and I found out in March. He separated his room in December. We had a good friendly relation but he was verbally abusive when he use to get mad. He wanted this marriage to be without any physical relation and not disclose any reasons and I tried hard to... Read more »

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Sep 27, 2021

Depending on your current immigration status you may be eligible to file for VAWA or self petition to remove the conditions of your green card. I am an immigration attorney and file simple dissolution of marriage petitions for clients. I suggest you look for an immigration attorney in your area who... Read more »

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