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New York Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New York on
Q: means tested public benefits in NY

Hello,

I am sponsoring an immigrant in NY and I saw the following for the affidavit of support " If an immigrant you sponsored receives any means-tested public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them". Are there any means tested... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

I would suggest you do not accept any public benefits if you are sponsoring or applying for any type of immigrant visa.

2 Answers | Asked in Immigration Law for New York on
Q: I have a green card and got married in Egypt,do I need to register the marriage in Dominican Rep. to bring him to USA.

If I want to start the spousal petition is it necessary to registered the marriage in my birth country or I can skip this and just start the petition process?

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

The Dominican Republic has nothing to do with what you are seeking to accomplish. What you need to realize is that you must retain an experienced immigration attorney to represent you in this matter. Immigration is a very complex and technical area of law, and mistakes can have grave consequences.

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1 Answer | Asked in Immigration Law for New York on
Q: what proof to come up with to show I didn’t break continuous residency in spite of 9 month absence

I have spent 9 months out of the country for medical reasons last year. Overall I will have 30 months presence out of 5 yrs by the time of filing n400. And that almost by the day.

I have low income as a part time delivery driver but self-sufficent. (5k/year) I frequent a church community... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 4, 2019

You have to prove that you have been inside of the US for the requisite time period (30 months over the preceding 5 years). You also have to document that you do not have any large periods of time outside of the U.S. an absence of 9 months can break the continuous physical presence and cause your... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Naturalization timeline

I got my green card in April 2010, and it is due for renewal soon. Currently, I have had 25 months of physical presence in the country over the last 5 years, but continuous residence (not being outside the US for more than 6 months a year) since April 2017. I held a reentry permit when I was... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 4, 2019

If your green card has less than 6 months until it expires, then I suggest that you file to renew it prior to filing for your N 400. With regard to the issue of your physical presence, there are two things that USCIS looks at. First, they will look at the total number of days you were out of the... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: pot confiscated twice by police but never been fined nor arrest.

Applied for u.s. naturalization N400. Had pot confiscated twice by police twice with no fines or arrest, will this affect my application? Passed my interview last July 2019.

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 4, 2019

You have to make sure that you are very clear about whether you had an arrest or whether a police report was generated. You are obligated to disclose this information to USCIS and failure to do so can be treated as if you lied on your N 400.

1 Answer | Asked in Immigration Law for New York on
Q: If my wife uses EAD (based on pending I485), what will happen to my H1 status?

My I-140 (EB2-NIW) got approved. My wife and I both received combo (EAD and AP) card. Our I-485 is pending. Right now I am working on H1B visa and my wife is on H4 visa (not working).

First question: If she uses the EAD/combo card to work, do I also have to use the EAD/combo card to work... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 4, 2019

No you do not have to use the EAD card to continue on your H1b status. While you wife cannot work on H4 status, she can use her EAD while she is waiting for her green card to be approved.

3 Answers | Asked in Immigration Law for New York on
Q: When does USCIS sent out REF for I-751?

I have a 2-year conditional green card through marriage which expires in December. Divorce is still pending so I don't have the divorce decree. Now I'm planning on file i751 on my own (joint filing be waived) but am confusing about the timeline: When will USCIS request the divorce decree after I... Read more »

Svetlana Kats
Svetlana Kats answered on Nov 2, 2019

Hi there, if you are planning to file I-751 by yourself requesting that the joint filing requirement be waived based on good faith marriage exception, you will have to submit documents in support showing that your marriage was a bona fide ( real marriage) and a copy of your divorce decree. So to... Read more »

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4 Answers | Asked in Employment Law, Immigration Law and Tax Law for New York on
Q: I'm overstayed visa. Can I use my SSN to work at restaurant? But I plan to get married soon.

I came here with j1 visa. My fiance is US citizen. Will I get in trouble when I apply for green card, if I use it?

Thank you

Leonard R. Boyer
Leonard R. Boyer answered on Oct 29, 2019

You are out of status and cannot work. If ICE catches you, then you will be deported and have at least a 3 year bar or longer before you could legally return.

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2 Answers | Asked in Immigration Law for New York on
Q: I got caught shoplifting at Kmart and they offered me to enroll in a cap program and pay a fine of 499.

The product cost 8 dollars and they told me for don’t call the police you have to enroll in a cap program was offered by the store. The police were never involved

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

So what is your question? You need to be more specific, there is no question here.

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1 Answer | Asked in Immigration Law for New York on
Q: It is possible apply for an immigrant visa after I applied to the online dv lottery and I’m waiting to know the results?

I want to join the dv lottery but I also have an immigrant visa I should apply for. Can I try both the ways?

Milvia Sierra
Milvia Sierra answered on Oct 7, 2019

It is possible to apply for an immigrant visa while awaiting the results of the dv lottery. Applying for an immigrant visa should not adversely affect your dv lottery submission. If you win the dv lottery, then you can apply for your green card. If you are able to obtain your green card via the... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: I am a US citizen who wants to marry A British citizen who lives in UK. I live in US.

I have college degrees and a good job but he does not. He was also on disability in UK for a year. I am not sure if a lawyer can help him so we can live together in US after all these new rules by Trump?

Stephen Arnold Black
Stephen Arnold Black answered on Oct 7, 2019

Yes, you should retain counsel to make sure all the new rules are complied with so that there are no delays or denials. Discuss with counsel the best strategy and the fastest way possible to achieve the result you both want.

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1 Answer | Asked in Immigration Law for New York on
Q: Can I get my grandma a visa or green card if she at some point had guardianship I’ve ele when j was a minor?

I’m currently in the us army national guard and she is over seas

Hector E. Quiroga
Hector E. Quiroga answered on Oct 3, 2019

She can visit you on a tourist visa, but mere guardianship would not be sufficient for her to immigrate based on any relationship through you.

1 Answer | Asked in Immigration Law for New York on
Q: I am a 19 year old US citizen, my mother is not. I am currently alone without a guardian in USA. Could i petition?
Denise Anderson
Denise Anderson answered on Sep 27, 2019

No, you cannot petition for your mother when you are 19 years old.

A U.S citizen can petition for their parents if the U.S citizen is 19 years or older.

1 Answer | Asked in Immigration Law for New York on
Q: What if green card holder wants divorce from us spouse who is doing dugs and cheating. What happens to their status? Tnx

Hello...so my friend married a us citizen 1 year and 9 months ago. He is waiting for green card. But the marriage turned sour a year ago when he caught his husband cheating on him. His husband( the us citizen) is doing illegal drugs in the house( where they both live) and has numerous lovers and... Read more »

Denise Anderson
Denise Anderson answered on Sep 18, 2019

If the U.S citizen spouse is the unfaithful spouse. The other spouse can obtain a green card, absent the U.S citzen spouse's consent. An immigration attorney can assist the spouse to obtain a green card. I recommend the affected spouse to contact an immigration attorney to explore the... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: I am a US citizen. I am married to a British citizen. We are relocating to the US. I have 4 grown children all US

Citizens. We have been married almost 30 years. How do we start the process of my wife obtaining a green card. Thanks

Ms. Norka M. Schell
Ms. Norka M. Schell answered on Sep 13, 2019

The immigration family-based is complex.

Your first step should be retain a good immigration attorney.

Once you retained good immigration attorney, s/he will explain to you the immigration family process; request from you the supporting documents; prepare, file and monitor your...
Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: Is there a minimum stay requirement for a green card holder returning to the US?

Hi, I (US citizen) am planning on moving outside the country to work and my wife(Conditional green card holder) is also planning on traveling with me. Can she be out of the US for 5-6 months, return to the US for a week, then stay out of the US for another 5-6 months? I would be traveling with her... Read more »

Denise Anderson
Denise Anderson answered on Sep 11, 2019

Your wife can travel outside of the U.S. up to 6 months without losing her green card. Travel more than 6 months but less than one hear will subject her to additional questions upon her return to the U.S. If she intend to stay outside the U.S for one year or more, it is recommended that she applies... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: After changing my passport and passport number, am I still going to be subject to the two-year rule?

Hello. I am a foreigner. I had a J1 visa with two-year home residency rule. If I will change my passport and passport number in my home country, can I get a immigrate visa without waiting 2 years? I have only stayed for 1 year in my country. The visa and DS-2019 won't be on the passport and I will... Read more »

Amanda B Cook
Amanda B Cook answered on Sep 8, 2019

You're still you, regardless of your passport number - and what you're proposing could be construed as fraud. Seek the advice of an experienced immigration lawyer. There are waivers available if you qualify. Please don't resort to any attempt at trickery.

1 Answer | Asked in Immigration Law for New York on
Q: Can I apply to a K1 fiance visa on a student visa?
Amanda B Cook
Amanda B Cook answered on Sep 5, 2019

If you are in the country on a non immigrant visa, you are not eligible for a fiancee visa. However, you may be able to get married and adjust your status without getting a fiancee visa. You should check with an immigration attorney about your particular case to see if you can do this.

1 Answer | Asked in Child Custody, Child Support, Divorce and Immigration Law for New York on
Q: I am a US citizen and homemaker, my husband have filed for divorce. I want to apply for the immigration of my parents.

I want to apply for the immigration of my parents. For that joint tax returns needs to be submitted. Question while in divorce proceedings can I apply for my parents immigration based upon joint tax returns. We have a kid together. If their immigration application is approved before divorce; will... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 5, 2019

This is an immigration question and should be directed to an immigration attorney. The only thing that I will say is that the immigration status of your parents will have no affect on child support and maintenance.

1 Answer | Asked in Immigration Law for New York on
Q: My status to remove condition on my greencard was denied can i still work in the usa?
V. Jonas Urba
V. Jonas Urba answered on Sep 5, 2019

Contact an immigration lawyer.

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