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New Jersey Immigration Law Questions & Answers
2 Answers | Asked in Legal Malpractice and Immigration Law for New Jersey on
Q: I would need a letter from my attorney explaining the error they made. How can they make it legal and valid?

They are immigration attorneys and made a mistake regarding my immigration status in the US.

Should the letter be notarized, legalized, etc.? I will need to file that letter with new attorneys/immigration offices/government office, and therefore, I would like to make sure that letter will... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 26, 2020

This reads like a very complicated challenge that should be handled by another attorney who knows what they are doing. Much more information is needed, but rather quickly. Justia.com is not geared to do anything other than encourage you to hire another attorney in such situations.

At...
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1 Answer | Asked in Immigration Law and Legal Malpractice for New Jersey on
Q: Which state’s statute of limitations should be considered?

Since my immigration attorneys’ office is in state A, I live in state B, and they filed paperwork with the Texas USCIS office, I would like to know which state’s statute of limitations should be considered in case I sued them for legal malpractice.

Many thanks for your help and support

Kevin L Dixler
Kevin L Dixler answered on Nov 5, 2020

It may depend upon any written agreement that you had with your attorney. You 'may' have agreed to file a lawsuit exclusively in his State. It may potentially depend upon the law in your state or the state where the attorney is considered to be doing business, which may also include... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Can I apply and get Global Entry in spite of having overstayed my visa? The overstay was not my fault, but ny attorneys’

My attorneys made a mistake and failed to file an extension for me. Therefore, I unintentionally overstayed my visa.

Now, I want to get Global Entry. What are the chances of getting Global Entry if I explain that it was my lawyers’ fault and not mine? I guess they should be reasonable and... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 28, 2020

Obtaining Global Entry right now is extremely unlikely at this point in time. Your explanation, even if you could prove it, with the current situation is highly doubtful. Both USCIS and CBP officers are not going to care about why you overstayed, just that you did. Furthermore, USCIS and all... Read more »

1 Answer | Asked in Legal Malpractice, Consumer Law, Employment Law and Immigration Law for New Jersey on
Q: Can I sue my lawyers for legal malpractice? They did not file my petition with the USCIS on time.

I had an L visa. The lawyers hired by my spouse’s company were supposed to file an extension petition with the USCIS for me since we were to return home 2 weeks after my I-94 expiration. However, they did not file the petition properly. Therefore, the USCIS sent a Notice of Deficiency to them,... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 6, 2020

It would be worth your while to at least register a bar complaint against any attorney you feel acted in bad faith. As far as a lawsuit, your best bet would be to consult with an attorney regarding the facts in the case to get an idea if that would be effective.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Can I revoke my spouse citizenship and send my spouse back to country. I feel like cheated for citizenship and creating

My spouse start creating the problem after he become a US Citizen and I didn’t get married to him for this. I like to send him back to his country and revoke his citizenship. Please suggest.

Michael E.D. Templo, Jr.
Michael E.D. Templo, Jr. answered on Oct 3, 2020

Sleep on it. Make sure your head is clear. Decisions made based on emotion more often than not lead to regret.

1 Answer | Asked in Immigration Law for New Jersey on
Q: How would simple assault and marijuana possession charges (NJ) affect n-400 uscis application?

I was charged with 2C:12-1A(1) ; 2C:35-10A(4) ; 2C:36-2 in December of 2016. All 3 charges were dismissed after a successful completion of a) Conditional Discharge program for the drug charges and b) Anger Management course for the simple assault. How would the charges affect my N400 application?... Read more »

Kyndra Mulder
Kyndra Mulder answered on Oct 2, 2020

Both charges are deportable offenses for immigration purposes. Not only can you be denied naturalization, y9u may also be placed in removal proceedings.

The completion of the conditional discharge program and anger management course in exchange for a dismissal is considered an admission of...
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1 Answer | Asked in Immigration Law and International Law for New Jersey on
Q: What are one’s right if denied to enter the US at an airport?

1) Can one call a lawyer?

2) What can one do to avoid a 5-year bar?

3) Is it true that one can apply for asylum to prevent oneself from being deported?

Thank you!

Kyndra Mulder
Kyndra Mulder answered on Oct 2, 2020

Depends on your status when you request to be admitted. If you are requesting admission based on a non immigrant visa: A visa does not guarentee you will be admitted. A visa only grants you permission to request you be admitted. Secondly, admission into the USA is considered a privilege not a... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Hello, I'm filing for my citizenship an just wanted to know if I still have to provide my parent info even thou I'm 24?
Adan Vega
Adan Vega answered on Sep 25, 2020

You will need to provide information about your parents in PART 6, page 4 & 5 of the FORM N-400. If you omit this information, you risk that USCIS will return the filing as "incomplete".

2 Answers | Asked in Immigration Law for New Jersey on
Q: For marriage green card/adjustment status, do I need I-944? I’m exempt from Inadmissibility and maintained lawful status

I have prepared l-485, l-130/130A, l-864, and l-765

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Sep 25, 2020

Good morning. The I-944 is required for Adjustment of status. Marriage based greencard is my main focus of practice. I will be glad to help you review your documents before submission.

Be sure your spouse is a US citizen before filing concurrently.

This communication is not legal...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Green card Application - Issue with Last Name in Birth certificate.

I am preparing to apply for Family based Green card through my spose being a US citizen.

I have my birth certificate from India. It does not have my last name/Initial. My last name is same as my Fathers name. My Father's name is on the Birth certificate.

Is not having the last... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 24, 2020

It shouldn’t be. You can submit a copy of your passport as confirmation.

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...
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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****

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