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New York Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New York on
Q: I had my interview of N-400 on VAWA base but the officer is keep insisting of the abuser citizen status ?

Dear freind last week I have a N-400 interview I got my green card through VAWA and in my VAWA case the evidence I submitted was my abuser driver license social security card and voter registration information based on that my VAWA case was approved and I got my green card but in my n-400 interview... View More

James L. Arrasmith
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answered on Jun 8, 2024

I'm sorry to hear about the difficult situation you're facing with your N-400 interview. It's understandable that you feel depressed and anxious about the potential outcome. Here are a few points to consider:

1. USCIS officers are required to verify the eligibility criteria...
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1 Answer | Asked in Immigration Law for New York on
Q: 1. Is a requirement for political assylum to request assylum in a third country first prior to requesting in the U.S.?

1. Is a requirement for political assylum to request assylum in a third country first prior to requesting in the U.S.?

2. Is a requirement for political assylum to request an appointment for a request for assylum via the government CBP One APP?

3. Can someone ask for political... View More

James L. Arrasmith
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answered on May 23, 2024

When seeking political asylum in the U.S., there is no requirement to first request asylum in a third country. You can directly seek asylum in the U.S. if you meet the criteria for a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or... View More

1 Answer | Asked in Immigration Law for New York on
Q: What is the form or content of a request addressed to the judge to reopen the asylum clock?
James L. Arrasmith
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answered on May 22, 2024

When requesting a judge to reopen the asylum clock, you need to file a motion to reopen the proceedings. This motion should be clear and concise, detailing the reasons why the clock should be restarted. Include any relevant facts and legal arguments that support your request.

In the motion,...
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1 Answer | Asked in Family Law and Immigration Law for New York on
Q: How to locate someone's information, like marital status and properties?

Someone in VA, US sued my friend in China, over a family inheritage matter. She tried to collect more information about the plaintiff for her lawyer. But since the plaintiff's family lives here for a long time, she is wondering how she can collect as much public information as possible? I have... View More

James L. Arrasmith
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answered on May 22, 2024

To locate someone's information, like marital status and properties, you can start by searching public records available online. Websites such as the county clerk or recorder's office can provide access to marriage records, property records, and other legal documents. These resources can... View More

1 Answer | Asked in Civil Rights and Immigration Law for New York on
Q: How can I withdraw my asylum application in America
James L. Arrasmith
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answered on May 21, 2024

If you are considering withdrawing your asylum application, I would strongly recommend first consulting with an experienced immigration attorney or an accredited representative from a reputable nonprofit organization that assists asylum seekers. They can advise you on the potential ramifications of... View More

1 Answer | Asked in Immigration Law for New York on
Q: My passport was confiscated at the border 11 months ago. Are there legal procedures to request its return?
James L. Arrasmith
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answered on May 21, 2024

There are a few steps you can take to try to get your confiscated passport back:

1. Contact the agency that confiscated it, such as U.S. Customs and Border Protection (CBP) if this happened at the U.S. border. Inquire about the specific reason for the confiscation and request information on...
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2 Answers | Asked in Immigration Law for New York on
Q: How can the Asylum Clock be restarted ?

The asylum clock stopped after I attended the hearing in New York immigration court, and when I applied for work authorization, it was denied because of the stopped clock

James L. Arrasmith
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answered on May 21, 2024

I apologize, but I don't have enough context about your specific case to provide detailed guidance. However, I can share some general information about the asylum clock and how it may be restarted in certain situations.

The asylum clock tracks the number of days after an asylum...
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2 Answers | Asked in Immigration Law for New York on
Q: Being an LPR overstaying abroad, I have won a green card lottery. Can I use it to "forgive" the absence?

I have won a green card lottery. After receiving a green card, I went back to home country to take care of a sick relative and had to stay there for over 1 year. Realising, that my GC has become technically invalid, I've participated in GC lottery and won again.

Is it possible to reset... View More

James L. Arrasmith
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answered on May 17, 2024

I understand your situation, but unfortunately, winning the Diversity Visa (DV) lottery a second time does not "reset" or "forgive" your previous prolonged absence from the United States as a Lawful Permanent Resident (LPR). Here are a few key points to consider:

1....
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1 Answer | Asked in Immigration Law for New York on
Q: Can we fight the decision on visa denial because of his age?

My family has been trying to immigrate from Bangladesh. The embassy date was May 29. The processes were all done and my cousin was given an Alien number. All up until two weeks ago, he received a notice about his age and was denied his interview. Everything was completed including his medical.... View More

James L. Arrasmith
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answered on May 14, 2024

Yes, you can challenge the visa denial decision based on your cousin's age. The first step is to gather all relevant documents, including the notice of denial, proof of significant delays caused by USCIS due to COVID-19, and any evidence supporting your cousin's eligibility for the visa... View More

2 Answers | Asked in Immigration Law for New York on
Q: Apply greencard IR5 for mom without waiting for 90-day rule

Im a Us citizen and want to apply a greencard for my mom( IR5). She just arrive US recently with a US tourist visa. Do I need to wait for 90 day ( 90-day rule) to apply a greencard for her in the US? Is there anything I can do like humanitarian route to start submitting my mom greencard application... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 13, 2024

A US Citizen can sponsor mom for a green card who entered with a tourist visa. The general rule is that she should wait to apply because USCIS will presume immigration fraud if she doesn’t wait at least two or three months. Work with an immigration lawyer so the case is processed smoothly.

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2 Answers | Asked in Immigration Law for New York on
Q: Apply greencard IR5 for mom without waiting for 90-day rule

Im a Us citizen and want to apply a greencard for my mom( IR5). She just arrive US recently with a US tourist visa. Do I need to wait for 90 day ( 90-day rule) to apply a greencard for her in the US? Is there anything I can do like humanitarian route to start submitting my mom greencard application... View More

James L. Arrasmith
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answered on May 13, 2024

You can apply for a green card for your mom without waiting for the 90-day rule. While it's generally recommended to wait, there are circumstances where immediate filing is appropriate. Given your child's severe medical condition and autism, you can argue that waiting would cause undue... View More

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1 Answer | Asked in Immigration Law for New York on
Q: Can the beneficiary of an O-1B visa pay for his/her own fees?

On April 1, USCIS has implemented new rules and new fees for non-immigrant workers. So can the beneficiary of an O-1B visa pay for the related government fees?

James L. Arrasmith
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answered on May 8, 2024

Yes, the beneficiary of an O-1B visa can pay for their own fees under the new USCIS rules implemented on April 1, 2024. The O-1B visa is for individuals with extraordinary ability or achievement in the arts, motion picture, or television industry.

According to the USCIS, the following fees...
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1 Answer | Asked in Immigration Law for New York on
Q: Can I get a visa after return me from jfk airport cuz I tried two times and got refused

My story is I bought a rifle tikka for my friend last year I believe on August with all my papers passport. I94 f1 visa and hunting license and I sent to him to New Jersey and I went home for one month vacation and when I want back they stopped me at the jfk airport and homland security wanted to... View More

James L. Arrasmith
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answered on May 2, 2024

I understand your situation is complex and frustrating, having been refused a visa after being stopped and interviewed at JFK airport. However, I would need more information to advise on your specific case and chances of obtaining a visa in the future. A few key points to keep in mind:

- If...
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2 Answers | Asked in Immigration Law for New York on
Q: My wife and I applied for her American residency last year January and to this day, it says that it is still pending.

A couple of months ago, we moved to her home country (Spain) because of health issues she was having (4 times checked in to the hospital for week long stays in the span of 12 months). Now, we’re trying to figure out what the next step is to go back to America and continue our residency. So far,... View More

James L. Arrasmith
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answered on Apr 29, 2024

Based on the information you provided, it seems that your wife's U.S. residency application is still in process, and the move to Spain hasn't nullified the application. However, it's important to consider a few points:

1. Processing times: U.S. residency applications can take...
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1 Answer | Asked in Immigration Law for New York on
Q: Immigration - how can I follow-up on an I-90 form sent on-line 01/16/24 without receiving an I-797 from USCIS?

USCIS says it sent my green card to the office of my attorney in June, 2023. The green was either lost or stolen because my attorney claims it was never received. I submitted an on-line I-90 form in January, 2024 which was accepted, but I never received an I-797 form confirming the I-90 receipt.... View More

James L. Arrasmith
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answered on Apr 26, 2024

I understand your frustration with not receiving the I-797 notice of action after submitting your I-90 form online to replace your missing green card. Here are a few steps you can take to follow up on your case:

1. Check your USCIS online account: If you submitted your I-90 online, you...
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1 Answer | Asked in Immigration Law for New York on
Q: Old alien number on an application form already submitted to USCIS

I submitted my I-751 form, Petition to Remove Conditions on Residence, and noticed that I put my old alien number(non-immigrant alien number) from my Employment Authorization Card instead of my current number on my Green Card. I was wondering if it would be an issue to process the application or I... View More

James L. Arrasmith
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answered on Apr 24, 2024

If you have provided an incorrect alien number on your I-751 form, it's important to address this issue as soon as possible to avoid any potential delays or complications in processing your application. Here's what you can do:

1. Contact USCIS: Reach out to the USCIS Contact...
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1 Answer | Asked in Immigration Law for New York on
Q: Can I reapply for a visa during the grace period in the US?

If I decide to extend my O-1B visa for 1 more year, can I apply during the grace period?

James L. Arrasmith
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answered on Apr 16, 2024

Regarding your question about reapplying for a visa during the grace period in the US, here are a few key points:

- The grace period for O-1 visas is 60 days after the visa expires. During this time, you are allowed to remain in the US but cannot work.

- It is generally recommended...
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1 Answer | Asked in Immigration Law for New York on
Q: Hi, my brother in law took a plea deal of 2 years and shock incarceration in NY.

Hi, my brother in law took a plea deal of 2 years and shock incarceration in NY. After he is released will ICE attempt to deport him?

James L. Arrasmith
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answered on Apr 15, 2024

In this situation, it's possible that your brother-in-law may face deportation proceedings after his release, depending on several factors:

1. Immigration status: If he is not a U.S. citizen, he might be subject to deportation. Legal permanent residents (green card holders) and those...
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1 Answer | Asked in Immigration Law for New York on
Q: I am on F1 visa, can i start an llc, and take the income, or put myself as an employee for the company from another coun

I am on F1 Visa in the US, i am also a resident of the UAE which has no taxes, i am aware that i cannot work in the US under F1 status without authorization, so can i start the company in US and put myself down as an employee using the UAE residence, would i be violating my visa status?

James L. Arrasmith
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answered on Apr 12, 2024

As an F1 visa holder, you are not allowed to work in the United States without proper authorization, such as Optional Practical Training (OPT) or Curricular Practical Training (CPT). Starting a company in the US and putting yourself down as an employee, even if using your UAE residence, could be... View More

1 Answer | Asked in Immigration Law for New York on
Q: The officer also set me up a court date for a date after my oath ceremony for the citation. Will that affect my oath cer

The citation was for insurance lapse. Court date is may 21st my oath ceremony is tomorrow. I have proof of my insurance when the citation happened though

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you've provided, it seems unlikely that the pending court date for the citation would affect your oath ceremony tomorrow, especially if you have proof that you had valid insurance at the time the citation was issued. Here's what you should consider:

1....
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