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New Jersey Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for New Jersey on
Q: Hello, am a US citizen, I filed I-130 for my brother 9 years ago ,when should I expect the process to start? Thank you.
Stephen Arnold Black
Stephen Arnold Black answered on Sep 5, 2020

Go to the state Department visa bulletin board and look up your preference category and u will find the priority date that is current. That will give you an idea of how much longer you need to wait.

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2 Answers | Asked in Immigration Law for New Jersey on
Q: Can a green card holder living abroad ,petition her unmarried daughter?

My mother-in-law has not entered the US since 2014. Her daughter is unmarried over 21 years old.

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Aug 17, 2020

If your mother in law has been out of the country for four years then she is no longer a green card holder A green card would have been deemed abandoned after one year. That being the case she cannot sponsor her daughter

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3 Answers | Asked in Immigration Law for New Jersey on
Q: I would love to get married to my soul mate. She has been in the U.S. for 5yrs but not legally. What do we need to do

She is from Guatemala. I am 50yrs old and she is 45. We truly love each other. Any information will be appreciated

Matthew J Hartnett
Matthew J Hartnett answered on Aug 17, 2020

Consider scheduling a consultation with an immigration attorney. The attorney will evaluate if your fiancée is eligible for adjustment of status or for an I-601A waiver or some other form of relief.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Hi I hold a Tn1 visa I’m from Mexico and I feel that my current company Is taking advantage of my status ?

Do you have knowledge on this kind of visa and once it expires how long I’m legally allow to stay in USA before leaving the country ?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 18, 2020

Once your visa expires you must leave the country immediately, you cannot stay in the country without status or you risk removal and deportation. Setup a consultation with a lawyer to determine what your best options are, it will cost money for a consultation, as immigration lawyers charge for... Read more »

2 Answers | Asked in Immigration Law for New Jersey on
Q: Immigration annulment

I got married last October and the marriage sadly ended right away, I filed for a annulment about two months ago and let him know about it before filing. I got married to a man who was here on a 6 month visa by the time we got married it was expired, he got served last week and he called me today... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 14, 2020

Your soon to be ex husband has no status in the country and can be removed at any time. However, he is very low on the priority list of those to remove unless he has committed a crime.

Secondly, you also need to be aware that marriage fraud is a federal felony. Your husband is asking you to...
Read more »

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Green card holder stuck abroad

Hi

I am a lawful resident that went to visit my family abroad in February and got stuck due to COVID-19. I am nearly 180 days outside the United States and not sure I can be back before they open the airport here. Can I be denied entry back to the states and be considered as abandoning my... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 13, 2020

The US government is well aware of the situation and that many LPR's are victims of the same circumstance. Even so, contact your US consulate and advise them of your situation. Keep a record that you did so. Also keep a record to indicate that you have maintained a residence inside the USA.... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Hello

You

I have obtained my green card through asylum but after when I got my green card situation in my country has changed against me so I traveled back in forth a lot Lets say in last five years I stayed in US for 7 to 9 months and went back stayed there for 6 months now Im thinking to apply... Read more »

Moses Apsan
Moses Apsan answered on Jul 11, 2020

Count the exact days you were out before you file. You may save time and money. If you apply under the 3-year rule, then you will have to have physically resided in the U.S. for a period of 18 months, and during this time never remained out of the U.S. for a period of greater than 6 month. . If... Read more »

2 Answers | Asked in Immigration Law for New Jersey on
Q: I am a green card holder and I’ve been living in the U.S 3 yrs now and I want to marry my partner that’s undocumented.

How long would it take for him to receive his green card or his working papers? What’s the process of doing everything?

Moses Apsan
Moses Apsan answered on Jul 9, 2020

It’s taking about 2 years or so. But if your partner is in the US illegally for over 6 months, a 601A waiver will be required http://www.601waiverlawyers.com/indexm.php.

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2 Answers | Asked in Divorce, Immigration Law, Civil Litigation and Domestic Violence for New Jersey on
Q: How do I find an attorney in New Jersey when I'm not sure which type to look for as my issue overlaps specialties?

I have an issue that involves divorce with domestic violence and abuse. I would like to file a civil suit against my spouse for the abuse and for emotional distress and the therapy that I will need due to the abuse. An immigration issue is involved as well. How do I figure out the best attorney and... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 8, 2020

A lawyer would really need to hear all your issues to determine the answer to your question. Second you may need more than one attorney, but its best again that the attorney recommend someone he knows so that they can work well together. It all starts with a phone call so start calling around.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: I am F1 student inUS whose H1b has been picked under H1b master cap and approved.

I am F1 student inside USA. I got my h1b picked under h1b masters cap and approved on june 18 will the new proclamation stop me from starting work on h1b from oct 1 or does it only apply to those outside USA.

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jul 5, 2020

Hi, the new trump proclamation went into effect June 24th. It simply blocks/decrease approval for new applications for work visas. if you have already been approved, you should be ok to continue on your H1b.

This is not legal advice****

1 Answer | Asked in Immigration Law for New Jersey on
Q: My girlfriend isn’t from here so how can she get a citizenship?

She was born near Mexico and near the states.She does have a birth certificate and a passport but she is not a citizen here.she is also 19 and trying not to get kicked out. Her parents revealed the truth a few months ago so I want to know what we can do so she can be able to stay here.

John Alexander Bates
John Alexander Bates answered on Jun 24, 2020

It depends. She may eligible for DACA or you could marry her for a green card, if your relationship is legitimate. Talk to a lawyer.

1 Answer | Asked in Immigration Law for New Jersey on
Q: I have one year left on my green card and planning to apply for citizenship soon. Have I waited too long?

I am worried that given COVID, it may take longer for processing. Does it make sense to apply for green card extension first and then apply for citizenship?

Hector E. Quiroga
Hector E. Quiroga answered on Jun 23, 2020

USCIS has opened its offices and is processing immigration applications again and performing interviews.

1 Answer | Asked in Immigration Law for New Jersey on
Q: i got my I129 approved and my start date is in oct if today there is an executive order banning h1b will it affect me?

i am a F1 student whose I129 is approved and my start date is in oct 1 and if trump administration gave an executive order banning h1b will it effect me i am already inside USA

John Alexander Bates
John Alexander Bates answered on Jun 20, 2020

It is difficult to say because the EO has been issued yet. Likely it would affect future applicants but potentially could affect you as your visa is not yet in effect. We will have to wait and see.

2 Answers | Asked in Immigration Law for New Jersey on
Q: Is it safe for me to travel outside of the US for about a month if i131 (advanced parole) is approved?

I am currently planning on visiting South Korea this winter in need of completing my physical test for the military. It is mandatory for Korean to serve for the military for 18 months, and I am required to have my physical test done in South Korea. I was going to travel outside of the US with a... Read more »

John Alexander Bates
John Alexander Bates answered on Jun 19, 2020

If you apply now and request the advanced parole, it should be processed in time (no guarantees). Generally, if you get advanced parole and take a short trip, you should be fine.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: How long does it take for 3 year old to get a U.S passport if they are already a citizen due to being born in the U.S
Kevin L Dixler
Kevin L Dixler answered on Jun 6, 2020

This depends upon the facts and evidence.

The COVID19 virus has slowed passport processing. Many are complaining about unusually long delays in processing in excess of four to eight months.

Yet, more information is needed. Was the child born in a hospital? Or born with a midwife?...
Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Need new I140 every time I change jobs?

Thanks for your time on this question. I have been in the States for 8+ years on H1B. Two of my past US employers got my I140 approved in 2013 and 2016 respectively. I am Indian and it will take ages for my priority date to go current. I will be changing jobs a few times in the next several years.... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on May 28, 2020

Short answer is yes. The i-140 is based upon the employer petitioning on your behalf. You are the beneficiary of the visa petition. In your query you state "it will take years for my priority date to go current." I am assuming that your preference is something less than first, as a first... Read more »

1 Answer | Asked in Tax Law and Immigration Law for New Jersey on
Q: Hi question about my tax

Hi,

I did my tax a month ago and filed by mail.

I am not sure if my taxes has been accepted.

I have my I140 and I need to submit it for immigration case.

My question is it okay to send my tax return as it is even though there is a chance it gets rejected or should I wait?

D. Mathew Blackburn
D. Mathew Blackburn answered on May 18, 2020

From a tax perspective the return has been filed when it's placed in the mail. If something happens in the future with the IRS that will be an adjustment of that return. There's nothing that can unfile it.

I would also check with an immigration attorney to make sure the...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: What evidence should my lawyers provide?

My lawyers accidentally issued the payment fee check incorrectly, which led to my extension petition rejection by the USCIS.

Because my I-94 expired before I departed from the US, I overstayed my visa even though my lawyers intended to file the extension before the I-94 expiration date.... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on May 13, 2020

Any and all that that would be appropriate.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Could you please help me?

I had an L2 visa that expired on March 25.

My I-94 expired on March 31.

My spouse, L1 visa holder, had the same visa expiration date, but their I-94 has not expired yet.

We both departed on April 12.

My spouse’s company’s attorneys supposedly filed the extension... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on May 7, 2020

You did technically overstay since the filing was rejected. However, I doubt it will have any consequences. Unlawful presence is most problematic when a person remains in the USA and is trying to change status to another visa or adjust status. However that is not the case with you. For those... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Does L1A to H1B conversion impact by EB1 Green Card? My L1A 7-year expiring in Jan 2022 and EB1 I-140 approved in 2018

EB1 India is currently not current and hence the question. I have got my H1B lottery selected and I'm eligible to apply. But want to understand if it will impact my Green Card processing

Robert Roy Klein
Robert Roy Klein answered on May 3, 2020

The H1B and the EB1 are entirely different and will not affect the other, except for the info that you put into either application. If the information is consistent, then there's no problem.

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