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New Jersey Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New Jersey on
Q: As an L2 EAD holder with a legal job in America, what is the path to permanent residence?

Hello,

I would like to know what my options for the green card are regarding my status (L2 EAD holder, currently working as an Operations Specialist for a pharmaceutical company). I was told the best path is to have my company sponsor my convertion to H1B visa so that I am not an L1... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 4, 2020

L2 to green card path: EB2 or EB3. Both require an employer to sponsor you. I don't know what you do, so you might qualify for an EB2 with a National Interest Waiver. This would waive the need for a job offer or sponsor.

EB visas are subject to a cap. You can view the visa bulletin here:...
Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: does obtaining a Medicaid card prevent American citizenship?
Robert Roy Klein
Robert Roy Klein answered on Apr 4, 2020

No, the public charge rule does not affect naturalization, unless you’ve left the US and stayed out for 180 days consecutively.

1 Answer | Asked in Immigration Law for New Jersey on
Q: I got my work authorization card from U visa, my husband is the principal and don’t get his work authorization, why?

my husband was a victim from crime in 2015, we applied for U visa and our lawyer applied for I-765 just for me, she said bc my husband was the victim the I-918 should be enough and he will get the work authorization Automatically, and now I got my c14 for 2 years and doesn’t, bc he didn’t get... Read more »

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

A person will automatically get an EAD when the 918 is approved. It does not automatically issue when the petition was merely filed.

Next, the processing time is 5-7 months. It may be longer during the current situation.

Finally, you can't file more forms to get a longer validity...
Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for New Jersey on
Q: My cousin went to jail and his charges are 2c39-4d, 2c39-5d, 2c5-1.A1 and 2c-11-3a(1) class1D

My question is: how long he can stay in jail bc of those charges?

Does he have any chance to be free If he pays a bond? How much can be a bond for those charges?

How much should be a good lawyer to defend him?

He is an illegal immigrant, can he be deported?

Thank... Read more »

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

Just answering the immigration question. It depends on a lot of what happened and what comes out in the court proceedings. It's likely your cousin will serve time and then be deported.

2 Answers | Asked in Immigration Law for New Jersey on
Q: Can an L2 visa holder change status to stay in America even if the L1 holder leaves the country and they get divorced?

Hi! I’m an L2 visa holder. I have an EAD and I’m currently working. My spouse, the L1 visa holder, is about to finish their year of work in America and is returning to the home country soon. I want to stay in America since we’ve decided to get divorced. What are my options to remain in the US... Read more »

Adan Vega
Adan Vega answered on Mar 31, 2020

If your spouse with the L-1 status departs the U.S. and is no longer to be employed in the U.S. then your L-2 status is in jeopardy.

If you divorce then you will no longer hold the L-2 status.

You should visit with an experienced immigration attorney to assist you in exploring your...
Read more »

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3 Answers | Asked in Immigration Law for New Jersey on
Q: Can I stay and work in America?

Hello! I’m on an L2 visa. Both L1&L2 extensions were requested recently. The L1 visa holder is leaving soon, but I’d like to stay and work. Can I apply for my EAD now, even though the L1/L2 extensions haven't been approved yet? Can I stay while I wait for my EAD even though the L1 holder leaves... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 30, 2020

Your question is not so simple as you frame it. You need an in person consultation with an experienced immigration attorney and a review of all your documents. More facts are required then what is here. Call an attorney today.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: What options I have to file H1B extension based on I-140 approval?

I will be completing 6 years of my H1B visa by 30Sep2020. And have approved I-140 received in March-2020. I understand that I can now file for 3 year extension of H1B based on I-140 approval.

I am currently located in India on vacation, but may not go back to the US due to the Coronavirus... Read more »

Adan Vega
Adan Vega answered on Mar 28, 2020

Your employer (and not you) can file the FORM I-129H prior to September 30, 2020 to request the extension of the H-1B. If you are abroad at the time that the request for the extension is filed and approved by USCIS, you will have to visit the appropriate U. S. Consulate to apply for the H-1B visa.

1 Answer | Asked in Immigration Law for New Jersey on
Q: once i get my green card i will be able to travel to mexico and re-enter with no issues???

i been under u visa for almost 4 years and i am in time to apply for green card, but i will like to know if once i get my green card i will be able to travel to mexico and re enter to usa with no issues? if i ever go to mexico its only for 2 or 3 weeks. i been in usa for 11 years now and i been... Read more »

Adan Vega
Adan Vega answered on Mar 25, 2020

Once you obtain your permanent resident status you can travel abroad and you can be allowed to return to the U.S. if you are not inadmissible based on your past activities. You can consult with an experienced immigration attorney to assess your case prior to traveling abroad.

Good luck to...
Read more »

4 Answers | Asked in Divorce and Immigration Law for New Jersey on
Q: what would someone need to get to the US

if the guy i was arranged to marry tries to use our verbal marriage certification, would it work?

Svetlana Kats
Svetlana Kats answered on Mar 25, 2020

Hi there! No, verbal marriage arrangement will not work for immigration purposes- you need a real official marriage certificate.

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2 Answers | Asked in Domestic Violence, Divorce and Immigration Law for New Jersey on
Q: I am a foreigner who married to a US Citizen,a 2 yr conditional GC holder. Domestic violence victim,what are my rights?

I have already a protection order against him and He filed already a divorce and we have pre-nuptial agreement. As a 2 years greencard holder(he took my greencard)what will be the best way to do?he said that he return the card to USCIS,is that possible? What is my right as his wife? Is he still... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Mar 21, 2020

Retain a legal aid free attorney to file a VAWA petition. Inquire at the women’s shelter.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: L1 to H1B and no premium processing

I am currently in USA on L1 status. I got a new job and my new employer is going file a cap exempt H1B ( based on a previoulsly approved H1B). USCIS today closed premium processing. Can I still join my new employer based on receipt? Employer's immigration attorneys says I can join, but on USCIS... Read more »

Adan Vega
Adan Vega answered on Mar 21, 2020

As a precautionary measure, you should not commence employment with the petitioning employer until USCIS approves the FORM I-129H.

You also should be asking and directing this question to the immigration attorney filing the petition with USCIS.

2 Answers | Asked in Immigration Law for New Jersey on
Q: if an illegal immigrant marry a us citizen until what age can he/she put his/her illegal kids in the process?

the kids are under DACA program at the moment

Adan Vega
Adan Vega answered on Mar 3, 2020

The U.S. citizen can file a relative petition (FORM I-130) on behalf of the spouse and the stepchildren who are under the age of 18 at the time of the marriage. If the spouse entered the U.S. lawfully then the FORM I-485 can be filed with the FORM I-130.

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1 Answer | Asked in Criminal Law, Immigration Law, Divorce and Family Law for New Jersey on
Q: What can I do if my stepmother is hiding my resident card and pretending she doesn't know about it?

I've been having trouble with her for a while. My documents went missing for at least 2 weeks from where my father and I usually put them. My father ask my stepmother if she knows anything about it and she said no but sent him looking directly where they were in her room. My passport and social... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 23, 2019

Short of applying for a replacement green card, you could file a police report.

1 Answer | Asked in Immigration Law for New Jersey on
Q: hello i wanted to know my cousin and i fell in love and want to marry can i also do his papers

he live in another country

Stephen Arnold Black
Stephen Arnold Black answered on Nov 11, 2019

Where do you plan to get married outside the US? What state in the US do you both plan to reside? Discuss in detail with counsel.

1 Answer | Asked in Immigration Law for New Jersey on
Q: I am in H1B visa. Remarried when my divorce in process. Now got divorce copy. will be problem in my 2nd wife H4 intervw?

Indian in H1B visa. Remarried when my divorce with first wife in process.

Now got divorce copy. will this be problem in my 2nd wife H4 interview?

first wife tavelled to US in H4 last year stayed only for 20 days.

Divorce order dated after my second marriage registration.... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 10, 2019

Your situation really requires an in person consultation with an experienced attorney. There are too many variables to speculate upon without knowing more facts.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Can I apply for a B1/2 visa while a F4 petition is already approved?

I am a Bangladeshi citizen and PR of Canada for two years. I am working in Canadian branch of an IT company from USA. I have an approved I-130 as of October '19 with a time limit of 1 year in Bangladeshi US consulate. I will apply in 5 months for the immigrant visa for USA.

I need to attend... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 4, 2019

The fact that you have the F4 petition pending will be one of the factors that the Department of State will consider in determining if you are eligible for the visa. Make sure that you provide plenty of evidence that you plan to return to Canada at the end of a temporary stay in the US.

1 Answer | Asked in Employment Discrimination, Immigration Law and Workers' Compensation for New Jersey on
Q: An undocumented employee got injured at a work place and the employer doesn't seem to want to pay for the medical bills.

I have a part time job where an undocumented employee got injured on the job and the employer is asking him to fill out an I-9 verification form so that he can pay the medical bills. By the looks of things it seems like my boss is trying to get rid of him and not actually pay for the medical bills,... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 28, 2019

Both your boss and the undocumented worked are in violation of Federal law. It is unwise to post anything further about this in a public forum monitored by law enforcement. There is no attorney-client privilege online and this situation is far beyond the scope of this forum.

2 Answers | Asked in Immigration Law for New Jersey on
Q: Would a unemployed US citizen run into issues marrying visa student. (Extra info)

I myself at 27 am not financially stable, live with my mom, I am going back to school and do not have a job however my mom and friend would consign as sponsor(s). I read that latest tax returns are a document that would be looked at however my job history i have typically not made enough to file... Read more »

Vince Sykes
Vince Sykes answered on Oct 9, 2019

Eventually, you will need to complete Form I-864 Affidavit of Support. If your income doesnt meet the threshold, you can include a co-sponsor who will have to show the necessary minimum income by way of tax documents/w2's etc.

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2 Answers | Asked in Immigration Law for New Jersey on
Q: If a person meets all the requirements for AVR, travels to country it applies to, can they be denied re-entry to US?

If a person meets all the requirements for Automatic Visa Re-validation and travels to a country it applies to, is it 100% guaranteed that they will be able to re-enter the US? I know immigration is a tough/sticky topic right now. CBP can detain anyone they seem suspicious right? I want to travel... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 4, 2019

There are no 100% guarantees in law of anything else. Well, except that life ends in death.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Hi, I am a green card holder of ten years would like to file for citizenship but needs mum info which she wont give me.

I need my mum citizenship info to full my form n400. She wont help me . Her date she got citizenship . Is there any way to file without her help..please help

Leonard R. Boyer
Leonard R. Boyer answered on Sep 27, 2019

This is not going to be something that you can handle on your own. You really need to retain an experienced immigration attorney to represent you in this matter. Immigration law is far more complex and nuanced then just filing out forms. Immigration law is changing almost daily and you are... Read more »

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