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New York Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for New York on
Q: I missed my due date for RFIE , what should I do now?

USCIS said a request for initial evidence was sent in July ,2023 for my i485 application in February, 2023. I didn't receive any of the notices from USCIS in the mail so I didn't have access to the online account either to see the request when it was sent ( I have access now after some... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 10, 2024

USCIS can dismiss your case if you do not file a timely response to an RFE. You have the right to file a motion to reopen and explain why your case should not be dismissed based on good cause or excusable neglect. If that motion is denied, then you will have to refile the case and start anew.

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2 Answers | Asked in Immigration Law for New York on
Q: I have H1B through my company, and a green card confirmation (as of last year), can I co-own/work for a startup?

I have an H1B through my tech employer, I have a green card confirmation (I-485 adjustment of status application receipt) and I wish to co-own a startup 50/50 with a US citizen. I am wondering if i can "work" for this startup and what the procedure/if any I may need to deal with to do... View More

Brian J. Reilly
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answered on Feb 7, 2024

It is not clear what you mean as a green card confirmation: An approved I-140 immigrant visa? I-485 adjustment of status application receipt? An adjustment of status application pending over 180 days?

The short answer is you can't "work" or draw a salary from anyone except...
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1 Answer | Asked in Immigration Law and Traffic Tickets for New York on
Q: Hello, I got a ticket for no license, I am also an immigrant the papers doesn’t specify if I need to go to court
James L. Arrasmith
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answered on Jan 30, 2024

If you received a ticket for driving without a license, it's important to carefully review the ticket for any instructions or court date information. In many instances, traffic citations in the United States, including those for driving without a license, require a court appearance.... View More

1 Answer | Asked in Immigration Law for New York on
Q: Hello im looking for my immigration ID number?

i was detain around 2011

James L. Arrasmith
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answered on Jan 29, 2024

To locate your immigration ID number, also known as an Alien Registration Number or "A-Number", you can start by checking any previous documentation you received from U.S. Citizenship and Immigration Services (USCIS) or the Department of Homeland Security (DHS). This number is usually... View More

2 Answers | Asked in Immigration Law for New York on
Q: If I get an advance Parol, I m in the USA after ilegal entry and charged as not admisible . Can I get dinied entry ?

I have a pending hearing to show why I should not be removed of the STATES. I wa charged under INA 236 . But I get advance Parol , what can CBP deny my entry at a port of entry ?

James L. Arrasmith
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answered on Jan 27, 2024

If you have been granted Advance Parole and have a pending immigration hearing due to being charged as inadmissible under INA 236, it's important to understand the risks associated with leaving the United States. Advance Parole allows individuals with a pending immigration status to travel... View More

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1 Answer | Asked in Immigration Law for New York on
Q: Newly licensed NJ atty, field: Immigration law in NYC, want to open PLLC, how do i get Cert of Good Standing?

I am based in NYC, got barred in NJ 2023, want to open my own Immigration law PLLC in NYC, but NY requires showing of "A Certificate of Good Standing from the appropriate Appellate Division or a Certificate of Authority (Form PLS709) under seal from the New York State Department of Education,... View More

James L. Arrasmith
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answered on Jan 23, 2024

As a newly licensed attorney in New Jersey practicing immigration law in New York, you're navigating a unique situation due to the federal nature of immigration law. While New York typically requires a Certificate of Good Standing for attorneys seeking to open a PLLC, your situation is... View More

1 Answer | Asked in Immigration Law for New York on
Q: Can working with an ITIN number while seeking for asylum affect my application in the future?

Could my asylum application be denied because I worked in the US using an ITIN number?

James L. Arrasmith
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answered on Jan 22, 2024

Working in the U.S. using an ITIN (Individual Taxpayer Identification Number) while your asylum application is pending can be a complex issue. Generally, asylum applicants are not authorized to work in the United States until they have received a work permit (Employment Authorization Document,... View More

2 Answers | Asked in Immigration Law for New York on
Q: greetung all. This is kandel from nepal and asylum seeker here. i have some question about my asylum process.

i have filed i589 with uscis with nta. still NTA has not been filed in immigration court. when i check my case on uscis online case status with receipt number it says:

Application Was Closed

We closed your application and forwarded it to the immigration court for adjudication. We... View More

James L. Arrasmith
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answered on Jan 16, 2024

The message you received indicates that USCIS has completed its initial processing of your asylum application and has transferred it to the immigration court for further adjudication. This transfer typically occurs when there are additional factors or complexities in a case that require a decision... View More

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1 Answer | Asked in Immigration Law for New York on
Q: Can a person use an advance parole they didn’t exit with to return to the US

A friend who filed for an advance parole but had to leave the Us briefly for health reasons using her active visa to exit . She is ready to return back and wishes to know if it’s ok for me to send by post or recorded delivery her advance parole to her to use in returning back to the USA. Pls note... View More

James L. Arrasmith
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answered on Jan 16, 2024

Advance Parole is a document that allows certain aliens, who do not have a valid immigrant visa, to re-enter the United States after traveling abroad. This document is to ensure that the individual's application for adjustment of status (Green Card application) is not abandoned.

In...
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2 Answers | Asked in Immigration Law for New York on
Q: Hi so, a I 485 application was sent since February of 2023 and no reply was received by the applicant

After further inquiry we found out that A receipt notice was sent( February 2023), a biometrics appointment was sent (June 2023)and a request for initial evidence was sent(July 2923). But I didn't receive any of these . It is stated that a reply was received to the request for evidence in (... View More

James L. Arrasmith
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answered on Jan 13, 2024

In your situation, it's crucial to address this matter promptly with the United States Citizenship and Immigration Services (USCIS). First, you should contact USCIS directly to explain the circumstances. Inform them that you did not receive the notices and suspect that they were intercepted... View More

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2 Answers | Asked in Immigration Law for New York on
Q: Hi so, a I 485 application was sent since February of 2023 and no reply was received by the applicant

After further inquiry we found out that A receipt notice was sent( February 2023), a biometrics appointment was sent (June 2023)and a request for initial evidence was sent(July 2923). But I didn't receive any of these . It is stated that a reply was received to the request for evidence in (... View More

Symantha Rhodes
Symantha Rhodes
answered on Jan 13, 2024

You should immediately communicate this to USCIS and seek to properly submit the evidence requested, followed by a request for a new appointment for biometric.

You should seriously consider submitting a change of mailing address request to USCIS (your mailing address does not have to be...
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3 Answers | Asked in Immigration Law for New York on
Q: married to a resident but his green card is expired can i apply for I 130

married to a resident but his green card is expired can i apply for I 130 still despite green card being expired or do i have to renew gia green card first

James L. Arrasmith
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answered on Jan 10, 2024

If your spouse is a lawful permanent resident (green card holder) and their green card has expired, it is generally advisable to renew their green card before filing an I-130 petition for you as the spouse. Having an expired green card could potentially complicate the immigration process, and... View More

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3 Answers | Asked in Immigration Law for New York on
Q: married to a resident but his green card is expired can i apply for I 130

married to a resident but his green card is expired can i apply for I 130 still despite green card being expired or do i have to renew gia green card first

Miguel Heras
Miguel Heras
answered on Jan 15, 2024

Yes, your permanent resident spouse can file a petition for you, even if their green card has expired. They do not have to renew their green card first.

Be aware that USCIS may later request evidence of their lawful immigration status. It is advisable that while the I-130 is filed, that...
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3 Answers | Asked in Immigration Law for New York on
Q: Can i file VAWA if i’ve been married 7 years. Spouse doesn’t want to do anything he can’t even find his expired gc
James L. Arrasmith
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answered on Jan 10, 2024

Yes, you can file for relief under the Violence Against Women Act (VAWA) even if you have been married for seven years. VAWA provides a path for certain spouses, including those of U.S. citizens or Lawful Permanent Residents (LPRs), to seek a green card independently if they have been victims of... View More

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3 Answers | Asked in Immigration Law for New York on
Q: Can i file VAWA if i’ve been married 7 years. Spouse doesn’t want to do anything he can’t even find his expired gc
T. Augustus Claus
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answered on Jan 10, 2024

Yes, you may be eligible to file a VAWA (Violence Against Women Act) self-petition if you have been married for seven years and have experienced abuse from your spouse. VAWA allows certain spouses, children, and parents of U.S. citizens and permanent residents to file a self-petition for... View More

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3 Answers | Asked in Immigration Law for New York on
Q: Can i file VAWA if i’ve been married 7 years. Spouse doesn’t want to do anything he can’t even find his expired gc
Syed Ali Hussain Lahooti
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answered on Jan 11, 2024

If your U.S. spouse is treating you badly or being abusive, you might be eligible for VAWA. The key is to show that you entered the marriage genuinely and not just for immigration perks. To prove the abuse, having witnesses, police reports, medical records, or anything else backing up your case can... View More

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2 Answers | Asked in Immigration Law for New York on
Q: I'm a permanent resident staying abroad. Can I visit US just for 1 day to restart the 180 day continuous presence clock?

I have a 10 year permanent resident card (green card) and I'm currently completing my master's degree abroad. I understand that I cannot stay more than 180 days continuously outside the US, otherwise I risk losing my permanent residency, however, I would need to stay abroad for about 9... View More

Syed Ali Hussain Lahooti
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answered on Jan 11, 2024

From a technical standpoint, resetting the clock might be possible by entering within six months and leaving right away. However, for folks in your shoes, securing a re-entry permit could be a smarter move. With that, you might have the option to stay outside of the USA for approximately two years... View More

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2 Answers | Asked in Immigration Law for New York on
Q: I'm a permanent resident staying abroad. Can I visit US just for 1 day to restart the 180 day continuous presence clock?

I have a 10 year permanent resident card (green card) and I'm currently completing my master's degree abroad. I understand that I cannot stay more than 180 days continuously outside the US, otherwise I risk losing my permanent residency, however, I would need to stay abroad for about 9... View More

James L. Arrasmith
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answered on Jan 9, 2024

As a permanent resident, your concern about maintaining your status while studying abroad is valid. The rule you're referring to typically states that staying outside the U.S. for more than 180 days can affect your permanent residency status.

Returning to the U.S. for a short period,...
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2 Answers | Asked in Immigration Law for New York on
Q: Visa reimbursement cost after declining to join

I accepted an offer from a company A and it filed for my H1-B transfer under premium processing. Now as the joining date is approaching, I got an offer from another company and I am reconsidering joining company A. Can company A ask me to reimburse the visa fee if I decide not to join them? I... View More

James L. Arrasmith
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answered on Jan 8, 2024

Based on the language in your offer letter, it seems that Company A might have grounds to request reimbursement for the H1-B visa transfer costs if you decide not to join them. The statement regarding repayment of amounts owed under the agreement, coupled with the clause about Company A paying for... View More

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2 Answers | Asked in Immigration Law for New York on
Q: Visa reimbursement cost after declining to join

I accepted an offer from a company A and it filed for my H1-B transfer under premium processing. Now as the joining date is approaching, I got an offer from another company and I am reconsidering joining company A. Can company A ask me to reimburse the visa fee if I decide not to join them? I... View More

Syed Ali Hussain Lahooti
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answered on Jan 11, 2024

It looks like more of a contractual matter than an immigration issue. When you accepted their job offer, there was an understanding that you'd join them, and they began making financial commitments on your behalf. Now, by stepping back, they might have the right to recover the expenses... View More

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