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New Jersey Immigration Law Questions & Answers
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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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

1 Answer | Asked in Immigration Law for New Jersey on
Q: As an current Green Card holder in the state of New Jersey, can my foreign DNI and Passport be expire to get Citizenship
James L. Arrasmith
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answered on Feb 21, 2024

As a current Green Card holder in New Jersey, the expiration of your foreign DNI (Documento Nacional de Identidad) and Passport does not directly affect your eligibility to apply for US citizenship. However, it is essential to note that you will need to provide valid identification documents during... View More

1 Answer | Asked in Car Accidents and Immigration Law for New Jersey on
Q: I had a car crash 2 years ago and a police report was filed but no charges. Do I need to report in N400?

I had a car crash 2 years ago and a police report was filed but no charges or fines for me. The police arrived at the scene and I don't think I was detained. The police did ask what happened and asked me to wait since my car crashed into a Train Transit bridge and the transit police had to... View More

James L. Arrasmith
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answered on Feb 21, 2024

Based on your description, it appears that the car crash you were involved in did not result in any charges or fines against you. Since there were no legal consequences or penalties stemming from the incident, it is unlikely that you need to report it on your N400 application for US citizenship.... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: Applying for employment-based I485, missing old expired passport from 2013-2023.

I am considering applying for employment-based US permanent residency. I understand that during the I485, the USCIS requires the submittal of all old passports for travel history reference. I do NOT have my passport from 2013-2023. I am a Canadian Citizen. What are the complications that will arise... View More

James L. Arrasmith
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answered on Feb 21, 2024

Not having your old expired passport from 2013-2023 may pose complications during the I485 application process. USCIS requires submission of all old passports to verify your travel history and ensure accuracy in your application. However, missing passports do not necessarily disqualify you from... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: I had a car crash 2 years ago and a police report was filed but no charges. Do I need to report in N400?

I had a car crash 2 years ago and a police report was filed but no charges or fines for me. The police arrived at the scene and I don't think I was detained. The police did ask what happened and asked me to wait since my car crashed into a Train Transit bridge and the transit police had to... View More

James L. Arrasmith
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answered on Feb 21, 2024

No, you do not need to report the car crash in your N400 US Citizenship application unless you were arrested or charged with a crime as a result of the incident. Since there were no charges or fines against you, and you were not detained by the police, it does not constitute a criminal offense that... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: US citizen,filed I-130 for married son (38yrs) in 2016. However, he is now divorce. Do I need to reapply for new I-130?

His priority date is August 2016. However, he is now divorce. Can he still use this 'old' priority date or do we need to file a new I-130 as is 45 years old and single.

James L. Arrasmith
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answered on Feb 22, 2024

In the case where your son's marital status has changed due to divorce, you generally do not need to reapply for a new I-130 petition. However, it's crucial to inform the United States Citizenship and Immigration Services (USCIS) about the change in marital status and provide any required... View More

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1 Answer | Asked in Immigration Law for New Jersey on
Q: I filed for US citizenship, passed the history/language test and was given a letter requesting I submit more docs.

The docs they are requesting are… a death certificate for an ex wife of 33 years ago, and two arrest records from the 90s as well. Why would they need this? Don’t they already have that info? Can I be denied? The arrests (2) did not have me do time, I was released the same day with no fines.

James L. Arrasmith
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answered on Feb 5, 2024

When applying for U.S. citizenship, the United States Citizenship and Immigration Services (USCIS) conducts a thorough review of your background to ensure you meet all eligibility criteria. The request for a death certificate for an ex-spouse and records of past arrests, even if they occurred many... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: What would be a credible answer/evidence to accept an extention of my B2 visa when applying for the I-539 ?

I'm currently in the US on B2 visa waiting for my Canadian visa to be issued. Unfortunately, my visa (i-95) is expiring soon and would like to extend my visa until the decision has arrived and I can reunite with my family in Canada.

James L. Arrasmith
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answered on Feb 4, 2024

When applying for an extension of your B2 visa through Form I-539, Application To Extend/Change Nonimmigrant Status, credible evidence to support your request would typically include documentation that demonstrates the reason for your extension and ensures that you plan to return to your home... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: Am I eligible to work on my husband’s EB2-NIW i140?

Background : I am on STEM OPT currently, having 2 chances of h1b left. My husband is a doctoral student. His phd is expected to confer sometime in 2027. My STEM-OPT will expire by then. Can my husband apply for EB2 NIW (He has some papers published and citations) and if we do premium processing,... View More

James L. Arrasmith
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answered on Jan 26, 2024

If your husband applies for an EB2-NIW (National Interest Waiver) and it is approved, you may be eligible to apply for an Employment Authorization Document (EAD) as his dependent. The EB2-NIW route is often pursued by individuals with advanced degrees or exceptional ability, and your husband's... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: Is it bad if I say I worked in the last 5 Years without having any working permit...?

Hello, I just submit my application for green card through marriage and I put on my employment history that I have been working in different places for the last 5 years even if I do not have any permit or SSN... Could I be in trouble for putting that on my application or maybe I could get just a... View More

James L. Arrasmith
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answered on Jan 23, 2024

Disclosing unauthorized work on your green card application can be a complex issue. While honesty in your application is crucial, admitting to unauthorized work could potentially raise questions about your immigration status and eligibility.

Under U.S. immigration law, unauthorized work...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: I am on F1, doing my CPT in NJ. My university is in IA and I'm also taking Distance Education courses offered by my uni.

Before moving to NJ, I was in Illinois, doing my CPT in a company. I had to resign from there and come to NJ for another job offer under CPT. This is because, I applied F2 for my wife while I was in IL but it got rejected during wife's visa interview for us being first cousins. So, I searched... View More

James L. Arrasmith
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answered on Jan 22, 2024

Regarding your situation of reapplying for an F2 visa for your wife, your relocation to New Jersey and the legality of your marital status in that state can indeed be relevant factors. Each state has its own laws regarding marriage, and if New Jersey recognizes your marriage, this could potentially... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: On my green card renewal process, should I consult a lawyer after or before submitting biometrics?

I just asked a question previously about green card renewals while on probation for 4th degree theft, I wanted to know if I should consult a lawyer before or after submitting my biometrics.

Syed Ali Hussain Lahooti
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answered on Jan 21, 2024

It is always advisable to consult with a lawyer, ASAP no matter whether you applied for renewal or planning to apply for that, especially in a situation like yours. In your case, it is essential to discuss your situation with an attorney who specializes in 'crimmigration'—someone... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: On my green card renewal process, should I consult a lawyer after or before submitting biometrics?

I just asked a question previously about green card renewals while on probation for 4th degree theft, I wanted to know if I should consult a lawyer before or after submitting my biometrics.

James L. Arrasmith
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answered on Jan 21, 2024

Consulting with an attorney before submitting your biometrics for a green card renewal, especially when you're on probation for a criminal offense like 4th degree theft, is advisable. The process of renewing a green card can become more complicated if you have a criminal record, and an... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: I applied for a green card renewal and I was told to go to a biometrics appointment but I’m on probation, what to expect

I’m on probation for 4th degree theft, first and only charge, never did I get in trouble before or after the incident, been a compliant NJ resident for many years, I just happened to be at the wrong time with the wrong people, I wanted to know if after I submit my biometrics what should I expect?... View More

Syed Ali Hussain Lahooti
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answered on Jan 21, 2024

While Form I-90 technically does not include questions about your criminal history, the biometrics process is designed to verify this information. If your criminal record comes to the attention of the officer reviewing your renewal case, you may be asked about it during the decision-making process.... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: I applied for a green card renewal and I was told to go to a biometrics appointment but I’m on probation, what to expect

I’m on probation for 4th degree theft, first and only charge, never did I get in trouble before or after the incident, been a compliant NJ resident for many years, I just happened to be at the wrong time with the wrong people, I wanted to know if after I submit my biometrics what should I expect?... View More

James L. Arrasmith
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answered on Jan 21, 2024

After submitting your biometrics for green card renewal, the FBI will conduct a background check. This process includes checking criminal records, regardless of whether the offense was federal or state. Your probation for 4th degree theft will appear in this background check.

The fact that...
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4 Answers | Asked in Immigration Law for New Jersey on
Q: immigration status through marriage

Hello, My name is Daniel, I was wondering if I should pay a local lawyer to help me adjust my immigrant status or maybe I should pay a third party in those websites that they offered their assistant to help you out filling all the documents... (SimpleCitizen and Boudless are my two options so far)... View More

Adan Vega
Adan Vega
answered on Jan 17, 2024

Daniel,

I highly recommend that you consult with a qualified and experienced immigration law attorney before you proceed to request any benefits from USCIS. The attorney will be able to consult with you and provide you with professional guidance. If you decide to engage the attorney to...
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4 Answers | Asked in Immigration Law for New Jersey on
Q: immigration status through marriage

Hello, My name is Daniel, I was wondering if I should pay a local lawyer to help me adjust my immigrant status or maybe I should pay a third party in those websites that they offered their assistant to help you out filling all the documents... (SimpleCitizen and Boudless are my two options so far)... View More

Syed Ali Hussain Lahooti
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answered on Jan 17, 2024

I agree with what Attorney Vega advised you earlier. A licensed attorney with experience in cases similar to yours can provide proper guidance on how to proceed. Sometimes, seemingly straightforward cases may have small errors that can lead to an RFE (Request for Further Evidence) and eventual... View More

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4 Answers | Asked in Immigration Law for New Jersey on
Q: immigration status through marriage

Hello, My name is Daniel, I was wondering if I should pay a local lawyer to help me adjust my immigrant status or maybe I should pay a third party in those websites that they offered their assistant to help you out filling all the documents... (SimpleCitizen and Boudless are my two options so far)... View More

James L. Arrasmith
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answered on Jan 18, 2024

When considering adjusting your immigrant status through marriage, it's essential to weigh your options carefully. Hiring a local attorney can provide personalized legal advice and ensure that your application is handled correctly. An attorney can also help navigate any complexities that might... View More

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