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New Jersey Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New Jersey on
Q: What is the best option ?

I am a US citizen and want to bring my boyfriend from the Dominican Republic but he has a tourist visa! Is it better if he comes and we get married here or get married in the Dominican Republic and apply for his visa ?

Stephen Arnold Black
Stephen Arnold Black answered on Sep 6, 2019

You have 3 options that should be explored in a private phone consultation with counsel here in the USA.

2 Answers | Asked in Immigration Law for New Jersey on
Q: Did my mom get ban for overstaying tourist visa for 4 months?She left US after her I130 was approved,I-485 was not filed

I filed I-130 for my mom after she came to me on her tourist visa. But I did not file I-485. After her I-130 was approved in 9 months, she had to leave the US in September 2017 to continue the process of green card in Ukraine at the embassy. At JFK airport she did not get any stamp in her passport... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Aug 11, 2019

More specific information and an in person consultation and document review are critical to obtaining enough information to provide you with meaningful advice. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out forms. What you do not know can... Read more »

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1 Answer | Asked in Immigration Law for New Jersey on
Q: if a child got us citizenship through a parent do we still need to get a certificate of naturalization? if yes then why
Kevin L Dixler
Kevin L Dixler answered on Jul 29, 2019

More information is needed. A child must have been admitted as a lawful permanent resident, among other grounds in order to claim "derivative citizenship." It may be a "certificate of citizenship," not necessarily a "certificate of naturalization." Each require different applications.

It...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Can a J2 visa be applied for and granted from within the US for an undocumented immigrant?

a person A is currently in the US on a J1 visa. a person B is currently in the US undocumented after overstaying their Q1 visa. If A and B get married, can B apply for a J2 visa without leaving the US and do they have good chances of approval?

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

It is unlikely. Person B would need to show that reason for the overstay was beyond their control. Person B could also have unlawful presence. It would be a good idea to talk to an attorney.

2 Answers | Asked in Divorce and Immigration Law for New Jersey on
Q: I married an illegal immigrant (crossed border) and filed an 1-130, is it too late to file for an annulment?

I have been married for a year and some change now and have not consummated my marriage. I already filed an 1-130, but do not want to continue the process. Is there anyway that I could get an annulment? Will i still be financially responsible if I get a divorce instead of an annulment?

Bari Weinberger
Bari Weinberger answered on Jul 12, 2019

Thank you for your question. I'm sorry that your marriage is ending. There is no time limit wherein an annulment must be filed. You can file for an annulment at any time during the marriage. As such, you are free to certainly do so if the relevant factors are present. Fraud is one such factor. With... Read more »

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Can a I-797C get denied by an immigration judge while in ICE custody

My husband file a I-797c last year in October. Now he is in ICE detained center. Two days ago we got a letter from home and security saying they reviewed and accepted his application and yesterday they sent another notice giving him a date for his biometrics. Today his immigration lawyer calls me... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jun 23, 2019

You have an immigration attorney representing you, therefore that attorney knows your case better than anyone here could and all your questions and concerns need to be addressed to that attorney.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Is there a way for a Green card holder to have a parent come to live in the US BEFORE citizenship? And a sibling?

I’m a green card holder and can apply for citizenship in 2 years. My mom currently lives with my sister abroad. My sister will come here or go to Canada for college on an F1 visa. I want my mom to be able to move here too as she has no one else left in that country. If my sister studies here, can... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jun 13, 2019

It is a complicated process. First, you can’t petition for your mom until you are a citizen. Your mom can try to come as a tourist, but the amount of time she will be allowed to stay is limited, and the government will likely be suspicious that she will overstay and apply for a green card once... Read more »

2 Answers | Asked in Immigration Law for New Jersey on
Q: Can a person legally change their name on their birth certificate if its from a different country and they are a citizen

The person came into the country 60 years ago, thinking that their middle name was their first name. All of the documentation they have in America is under their middle name, including their social security card. Now they are having issues getting a state id, and new SS card, because the birth... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on May 21, 2019

I am not sure that you can go back and change a name on a birth certificate, but the person could certainly file in the court where they live for a name change. Once they have the legal name change then they shouldn't have a problem with getting state ID or social security. After they get the... Read more »

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2 Answers | Asked in Immigration Law for New Jersey on
Q: Can I apply for GREEN CARD under EB1C category?

I started working in USA as a manager from January 2017 (on L2B -EAD) and before that I was working in India with the same employer (subsidiary) since 2014 until I moved to US in oct 2016). I applied for EAD after I moved and it was approved on dec 28th 2016 and joined US parent company immediately... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on May 15, 2019

Your employer has an immigration attorney, so you should consult with that attorney.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: My parents have visa and I plan to bring to the us and then file for a status change. can they come on a one way ticket?

I am wondering if there would be an issue having my parents come here on a one way ticket. I plan on filing for a status change when they get here.

Leonard R. Boyer
Leonard R. Boyer answered on Apr 25, 2019

Do not even think of doing this on your own. That is not a good way to do anything. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out forms. What you do not know can have grave consequences and even prevent you from obtaining immigration... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: can I apply job in Canada with expired form i-551 USA green card card stamp , ? am I authorized to work in Canada

company?

do I need work permit to start apply job in Canada?

Leonard R. Boyer
Leonard R. Boyer answered on Apr 12, 2019

You need to consult a Canadian immigration attorney. Your US immigration status is irrelevant to Canada.

1 Answer | Asked in Immigration Law for New Jersey on
Q: I submitted my citizenship application and already did my biometrics, I was wondering if I can travel out of the US?

I live in New Jersey and I was planning to go out of the country for about two weeks in August before I get the interview.

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Apr 5, 2019

If you are filing for citizenship, you still likely have a valid green card or a green card extension. As such, you should be allowed back into the country.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Earn book royalty on H4 after EAD expiry

Your Question:edit text

I am in USA on H4 visa with EAD which will expire next month. While on EAD I self published a book on amazon for which I earn royalty. Do I need to extend my EAD to continue earning Royalties on my book. Can it be considered a passive income which I can earn being on... Read more »

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

It is not considered passive income , it is earned income and your status depends on the H1B Visa holder's employment.

1 Answer | Asked in Immigration Law for New Jersey on
Q: can i petition someone from another country like Philllppines if i dont have money on bank?

i heard need about $10,000 in bank to petition someone. what can i do to help ?

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Mar 27, 2019

Are you trying to petition them on a fiance visa? If so, the requirements are quite a bit different than that. There is no such $10,000 requirement and often such requests are earmark of a visitor visa scam. The US Embassy in Philippines is unique in its financial requirements for immigrant based... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: pending I-751

hello,

I married my husband (us citizen) in Jan 2015. got my first GC in dec 2015. filled for the second GC in Nov 2017. got the first letter for 1 year extension. after got another one for 18 month. will be expired end of jun 2019. we separated in Nov 2018 and I changed the state. we are... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 22, 2019

You really need to retain one of the few attorneys that practice both immigration and matrimonial law. Your question requires an in person consultation to obtain meaningful answers. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out forms. What... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: I am a naturalized citizen and my husband is undocumented. he tried to get his green card twice. but was unsuccessful.

he did get his SS# from one of

the attempts but no green card. I want to file for him, will his application be rejected?

Leonard R. Boyer
Leonard R. Boyer answered on Mar 19, 2019

There is an insufficient factual basis to answer your questions and address your concerns. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out forms. What you do not know can have grave consequences and even prevent you from obtaining... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Dear sir/madam I wana ask if priority date is current and petition i130 is pending Wht is the option? Outside USA

If petition is pending and visa bulletin is current, Wht is the option, if someone is outside not in the USA, can lawyer help any option or just wait for approval, Bcz uscis processing time is slow and visa bulletin moving fast

Thanks

Kelli Y Allen
Kelli Y Allen answered on Mar 19, 2019

If the priority date is current, it is time to apply for an immigrant visa; nothing will just happen automatically. An immigration attorney can assist you with this process.

2 Answers | Asked in Immigration Law for New Jersey on
Q: Hello me and my husband got married and now I want to fill out form I-130 but he does not have an i94 number or i94????

Can we still fill out the form and leave that blank or no? He doesn’t have an i94 because he came here without inspection

Leonard R. Boyer
Leonard R. Boyer answered on Mar 18, 2019

There is a great deal more to immigration than simply filing out forms, especially with immigration law changing almost daily. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out forms. What you do not know can have grave consequences and even... Read more »

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1 Answer | Asked in Immigration Law for New Jersey on
Q: My girlfriend is currently on her 2nd year of Au Pair Program. Planning on getting married. Which forms we need to file?

She will be done with her program in August. She does not qualify for the 2 year residency so she is good to stay. Should we get married before her Au Pair Program ends so we can get ahead with all the paper filling or should we wait until she finishes her program?

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Mar 6, 2019

Adjusting status on anything other than a K1 fiance visa is a complex process. There are several forms and supporting evidence which must be submitted perfectly to be successful. You should contact an experienced immigration attorney for assistance.

1 Answer | Asked in Immigration Law for New Jersey on
Q: My fiancée was sentenced with 2 DUI and child endangerment. He now has a detainer on him. Will he be deported?
Leonard R. Boyer
Leonard R. Boyer answered on Mar 5, 2019

While no one can say with absolute certainty, since these are crimes of moral turpitude the chances of deportation are very high. The only realistic chance he has, if you want to and are able to help him is to retain an experienced immigration attorney. You should bring all documentation pertaining... Read more »

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