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New York Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New York on
Q: I did a mistake on my immigration application on the marriage part what do I do?

I already did the bio appointment

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jan 21, 2022

You did not say what the mistake was. If it something that you have the correct document to prove what you say, prepare to take it to the interview. When you go to the interview you can also indicate that such and such was a mistake. Some mistakes can be explained easily. Others need much... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: My wife and I did not live together for 5 months for work reasons. Would this affect the marital union timeline? 3 yrs

I am a US Citizen. My wife is on a temporary green card holder. My wife completed school recently. I worked in another state during this time, 5 months. Her and I would like to apply for her citizenship after 3 years, however it sounds like we needed to live together for 3 years. Would this... Read more »

Samuil Buschkin
Samuil Buschkin answered on Jan 16, 2022

The rule is "spouse must have been living in marital union with his or her citizen spouse for at least 3 years at the time of the examination on the application, and not at the time of filing". The exact nature of what it means is determined based on the exact circumstances. I suggest you... Read more »

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3 Answers | Asked in Immigration Law for New York on
Q: As an naturalized American citizen, can I use my certificate of naturalization instead of birth certificate to sponsor

Sponsoring spouce for green card

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jan 6, 2022

The certificate of naturalization proves you are now an American citizen. That is the document that you will need as well as the other documents that show your relationship with the beneficiary. You will send a copy of all the documents not the originals. Good luck!

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2 Answers | Asked in Immigration Law for New York on
Q: about permanent green card

Hi, At the time of our i-485 interview, our marriage was less than a year old. The case was approved, a permanent green card for 10 years came, and not a conditional green card for 2 years. In this case, is it necessary to apply for the removal of the conditions in 2 years, , even if my spouse have... Read more »

Samuil Buschkin
Samuil Buschkin answered on Dec 30, 2021

I would need to see the actual document but if what you describe is true, and you received an unconditional green card with an expiration date 10 years into the future, then there should be no condition requiring removal. A quick review of your documents by an attorney can give you the final... Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: I am a US citizen. Wife is from India and is a Green Card Holder. Can we bring her parents here from India?

Wife and I live in the US. Wife recently obtained Green card this year. We would like to bring her parents from India. Her parents are Indian citizens. Can we bring her parents here from India so that they can stay with us permanently? Do we fill out the normal I-130, I-485?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 29, 2021

Your Indian spouse must become a U.S. Citizen in order to sponsor her immediate family members for lawful permanent residency in the United States by submitting a stand alone I-130 for each parent to initiate that process.

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2 Answers | Asked in Immigration Law for New York on
Q: Hi Sir,I’m in USA from last 3 years and i came here with C1/D.Can i still apply for an asylum?Please suggest me thanks:)

I came in USA October 2018.Now I’m married here with a citizen.

Samuil Buschkin
Samuil Buschkin answered on Dec 29, 2021

Asylum requires an application within a year of entry to the US, with a few exceptions that appear not applicable to you based on what information you shared.

You also cannot adjust status from a c1d through marriage.

You probably would need to return to your country of origin and...
Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: How can I apply for an ITIN number while being an undocumented student?
Kevin L Dixler
Kevin L Dixler answered on Dec 28, 2021

You need to prove that you are eligible for the card. If you are a "tax resident," that is, one who works, but has been lawfully or unlawfully physically present for 183 days in the U.S., then seek the help of an accountant or tax attorney who understands how you can secure an ITIN. You... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: I would like to extend my TN visa. Which form should I file for doing it online or by mail?
Agnes Jury
Agnes Jury answered on Dec 15, 2021

https://www.uscis.gov/working-in-the-united-states/temporary-workers/tn-nafta-professionals

4 Answers | Asked in Immigration Law for New York on
Q: I’m pregnant,and I’m a us citizen,I want to sponsor my parents,how long will it take

Can I change my apartment during applying their visa,would that be a issue

Samuil Buschkin
Samuil Buschkin answered on Dec 11, 2021

As long as you keep your address current or updated,you can relocate.

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2 Answers | Asked in Immigration Law for New York on
Q: Hello - can a minor who is 13 years old , has been a permanent resident for 5 years, apply for a U.S. citizenship ?

The mother is only a permanent resident .

The mother and the sponsoring father who is a U.S. citizen, are now divorced.

Agnes Jury
Agnes Jury answered on Dec 7, 2021

No. See eligibility tool: https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility

Best wishes!

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2 Answers | Asked in Immigration Law for New York on
Q: Can someone work for an American company while awaiting his work permit on a k1 visa if payed abroad as a consultant?

My fiancé and I are awaiting his interview for the K1 visa following the approval of our petition by USCIS. In the meantime, he received a job offer from a US based company for a position based in the US, but since we told them it may take a few more months to complete the move and to obtain the... Read more »

Samuil Buschkin
Samuil Buschkin answered on Dec 6, 2021

What you describe seems to be fine.

If he is employed by a foreign office of a US company and paid abroad. Once the US work permit is issued he can then work for that company'S US office or any employer in the US. The described scenario seems fine.

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2 Answers | Asked in Immigration Law and Tax Law for New York on
Q: I am filing a I-130, Petition for Alien Relative form for my father who is overseas.

I am filing a I-130, Petition for Alien Relative form for my father who is overseas. He was a permanent resident who lost his green card status 10 years ago.

Part of the requirements of the petition is to submit my tax returns from the last three years. I have used my father as a dependent... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 1, 2021

Here is what the IRS site states with respect to dependents claim:

You may be eligible to claim both your niece and her son as dependents on your return. In order to claim someone as your dependent, the person must be:

1. Either your qualifying child or qualifying relative...
Read more »

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3 Answers | Asked in Immigration Law for New York on
Q: Hi. Is it a must that immigration officer has to provide Form N-652 after n400 interview regardless of outcome?

I had an interview in NY office and my brain just frozen due to unexpected questions about my past marriage (through which I got green card), as that marriage was wreck, it took me 5 years to finally forget it and I couldn't answer simple questions to which I should have an answer. I passed... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Nov 25, 2021

Sounds like this is a good time to get an experienced immigration attorney. The scenario you have presented indicates that you may be charged with marriage fraud. If this occurs your naturalization will be denied and you may be referred to the immigration court for removal proceedings. You will be... Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: I been in the US green card legally for over 30 years I finally apply for citizenship over a year a go I applied for

Citizenship about a year and a half ago since I was arrested in nj, they need it to a document called notice of disposition from the municipal court of Jersey City this was during peak Covid time six months ago I now live in Suffolk LI I am disabled and on disability and could not go in person so... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Nov 15, 2021

As a response to the notice of intent to deny, advise the USCIS that you did not receive the RFE and request it be resent to you. If you moved and did not change your address it will be considered your fault and you may be required to refile.

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1 Answer | Asked in Immigration Law for New York on
Q: Path to Citizenship; what are the following steps needed to take?

EWI (2004) as a minor. Received NTA but didn’t show up to hearing. (NTA did not have address, date, or time of hearing. My parents claim that they never received any other NTA with relevant information). Given my no-show, I was most likely ordered removed in absentia. Fast forward 2013, received... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 9, 2021

There only legal recommendation I could suggest would be retaining a competent immigration counsel as you have done enough damage to your immigration matters acting without a licensed professional. If you disagree, do it yourself again.

2 Answers | Asked in Family Law and Immigration Law for New York on
Q: HEY MY MOM APPLIED FOR ME. SHE IS A US CITIZEN, I AM OUTSIDE THE US AND MY CASE WAS APPROVED SINCE THEN I AM WAITING

I AM 31 YEARS OLD. MY PRIORITY DATE 07/16/2016 AND USCIS APPROVED ON 04/29/2021. HOW LONG IT IS GOING TO TAKE TO NVC TO SEND A WELCOME LETTER ANDT TO SCHEDULE AN INTERVIEW

Kyndra L Mulder
Kyndra L Mulder answered on Nov 5, 2021

It depends on the country you are from. Check the Department of State Visa Bulletin.

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3 Answers | Asked in Immigration Law for New York on
Q: Can a green card holder apply for a green card for their spouse?

if i'm a green card holder and i want to marry someone who's staying here temporary (student visa) can i apply for a green card for my spouse, or only citizens can do that?

Thanks!

Matt Maniatis
Matt Maniatis answered on Nov 8, 2021

Yes. You can file a petition for your spouse, which is the first step in obtaining permanent residency. There will be a brief wait period after approval since you are not a U.S. citizen. If your spouse maintains lawful status in the United States during this entire time, then he or she may be... Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: Hi iam an us citizen want to petition for my wife but i have 2 kids who are minor do i have to file separate petition
Kyndra L Mulder
Kyndra L Mulder answered on Oct 30, 2021

Assuming you married and now have step children, yes you must file a separate petition for each person.

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2 Answers | Asked in Immigration Law for New York on
Q: Will this affect his mothers pending application?

I’m a US Citizen and I want to marry my boyfriend from DR to petition for him as an immediate relative. He tells me that his mom was petitioned by her sister who is an LPR a few years ago when he was still a minor and that he’s considered a “derivative beneficiary” under his mother. If I... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Oct 29, 2021

No. The pending petition filed on behalf of his mother will not be effected.

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3 Answers | Asked in Immigration Law for New York on
Q: Hi I haven’t provide the paystub of last six months with my i864 form rest all documents are perfect,is there problem
Kyndra L Mulder
Kyndra L Mulder answered on Oct 19, 2021

The reason to provide the paystubs is to show that you are still employed by the same employer. If you are not asked to produce them in an RFE, I suggest you bring most recent paystubs to your interview.

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