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New York Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New York on
Q: Hello, I’m an American citizen and my girlfriend is a Canadian citizen.

My Canadian girlfriend was able to fly into the US amidst the border closure. We are unsure of when it will be that the border opens again and she has been here two months as we’re trying to spend as much time together as possible during these troubling times. We recently decided to look into... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Aug 13, 2020

By using your rights as a Canadian for quick entry, you are telling U.S. immigration officials that your intention in the U.S. is to be a tourist, and to leave, typically within 90 days; though the maximum is six months. That's true even if you get waved through without an interview by an... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: I am an international student on an L-2 visa. Can I sell my things online on this visa?

From my understanding, I am not allowed to work at all with this L-2 visa. I wanted to sell some of my things online on websites such as Etsy or Depop (handmade earrings, clothes, etc.), for some passive income. Would I be allowed to sell these things and make money that way? Or does that still go... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 13, 2020

Your question should be addressed by an immigration lawyer.

2 Answers | Asked in Bankruptcy, Immigration Law, Real Estate Law and Workers' Compensation for New York on
Q: What made you become a lawyer? What do you wish you knew at my age (15)? How do I become a lawyer? Any pros and Cons?

I am doing an interview for a summer program and would like true answers if possible.

Tim Akpinar
Tim Akpinar answered on Aug 13, 2020

You are very young now, but it is good that you set your goals so early. When you get to college, concentrate on keeping good grades and when you get to that point, you could look into an exam called the LSAT. For now, you can read about the profession and try to learn as much as you can. Learn... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for New York on
Q: Can a children ( minor ) who came in 2013 with their parent to u.s and did not present to court faced the same charges

Can they now fix the immigration statues? Now that they are 18 ?

Kevin L Dixler
Kevin L Dixler answered on Aug 9, 2020

More information is needed. The facts are unclear, but you suggest that there is a final order of removal/deportation. This significantly complicates matters.

There are risks. Did you just turn18 years old? What, if any, form of relief is available? A series of other facts still remain...
Read more »

1 Answer | Asked in Immigration Law for New York on
Q: I want to know if someone can file the green card application with an expired passport and expired visa on it?

I remind you that this request is through marriage and my embassy take a long time to renew passport due to COVID-19.

Aman U. Khan
Aman U. Khan answered on Aug 8, 2020

If you're obtaining your green card through consular processing, it is required that you have a valid passport. To obtain a green card, the foreign national is required to enter the Untied States, so with an expired passport, you will not be issued a visa to enter the U.S.

1 Answer | Asked in Immigration Law for New York on
Q: I am an Indian currently on H1B visa. I would like to know how long will it take for I-140 to be approved.
Adan Vega
Adan Vega answered on Aug 4, 2020

You can view the official processing times for the FORM I-140 by visiting the USCIS website.

You can also request premium processing of the FORM I-140 by filing FORM I-907 with USCIS.

1 Answer | Asked in Immigration Law for New York on
Q: someone who came from another country to NY as a visitor and their stay expires 09/12/20 - what do they need to do?

They do not want to get in any trouble by overstaying and not being welcome back to the US - please advise

Adan Vega
Adan Vega answered on Aug 4, 2020

The visitor from another country can (a) file the FORM I-539 with USCIS and explain the need to remain in the U.S. beyond 09-12-20 or (b) depart the U.S. prior to the end of the B-1/B-2 status.

1 Answer | Asked in Immigration Law for New York on
Q: Applying for citizenship: include work history that was not reported on tax history?

I am applying for citizenship. While I was a permanent resident in the US, I was employed at a foreign consulate (UK) for which I did not pay income tax. This is because of a bilateral treaty between the US and UK stating that non-US citizens employed at UK embassies do not pay tax on wages earned,... Read more »

Aman U. Khan
Aman U. Khan answered on Aug 2, 2020

You're required to disclose your work history, regardless of whether you were required to pay taxes. One of the naturalization requirements is that you possess a good moral character, so you want to be 100% honest on your application.

1 Answer | Asked in Immigration Law for New York on
Q: I have 10 years green card through my husband but now divorced have a child want to apply to citizenship.

I'm 10 years Green card holder and i obtained it through my husband But unfortunately was divorced 2 years after getting 10 years green card. I also have a child after marriage.

But now i am divorced and separated.

When i will apply for naturalization Is there any problem for... Read more »

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jul 28, 2020

Hey, As long as your marriage was bonafide and you do not have any criminal records to make you ineligible you should be able to naturalize with no issues. Contact an immigration attorney for a full evaluation of your situation before proceeding to make sure you have all the supporting documents... Read more »

1 Answer | Asked in Appeals / Appellate Law and Immigration Law for New York on
Q: Q: i appeals my case in the immigration seven months ago but i still didn't receive an answer what i should do thank you
Julie C Hancock
Julie C Hancock answered on Jul 27, 2020

This requires more information and a more detailed look at your specific situation, including what type of immigration status or matter you are dealing with, what you were denied for, where you appealed, and the circumstances around that. If you had an attorney help you file the appeal, you should... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: An i-130 application was filed and approved for an adult 30yrs old

The application was filed by his mother a US citizen. The case is now going through the NVC process. My question is as a result of the freeze on visas and green cards that went into effect in June will the person be affected by it? I looked at the proclamation and it say spouses and children of U.S... Read more »

Adan Vega
Adan Vega answered on Jul 26, 2020

The proclamation issued this past June 2020 does not allow an exemption for F1 or F3 categories. The unmarried 30 year old is in the F1 classification.

1 Answer | Asked in Immigration Law for New York on
Q: 1.Is below case "strong"? 2. We filed for adjustment of status 3 weeks before 6 month tourist visa expires. Enough time?

XXX

Stephen Arnold Black
Stephen Arnold Black answered on Jul 15, 2020

A US citizen can sponsor his foreign national spouse for her green card as long as she entered the country lawfully.

2 Answers | Asked in Immigration Law for New York on
Q: Can I apply for US Citizenship? My father became US Citizen back in 2017 when I was still 17 (Im a GC holder), I’m 20.

Im a green card holder since 2013, but I went back to my country with a reentry permit every year. In 2019, I decided to come to the US and live here for good. My dad became a US Citizen in 2017 when I was 17 years old. I am now 20 years old, turning 21 on August, but could I still apply for US... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 13, 2020

Based on the information you have provided it is likely you ae a USC through your father. If this is the case you need to file the N-600. I suggest you consult with an experienced immigration attorney to confirm the foregoing.

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1 Answer | Asked in Immigration Law for New York on
Q: Question about pending I-751 after RFE received

Hi,

l have question about after sending I-751 RFE, l send RFE to USCIS and they receive them on April 9 2019, but they don't give any update information about it so far, it nearly like 400 days spend, is there some problem that make it stuck on it? do l need call the customer service... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 13, 2020

Depending on the subject matter of an RFE you file may not be considered filed until the service receives a response to the RFE. If considered newly filed upon the receipt of the RFE you ae kicked back in line after everyone else who has filed.

The online updates ae not reliable. I hope...
Read more »

1 Answer | Asked in Immigration Law for New York on
Q: I am a naturalized US citizen since 2019. sponsoring my wife for green card.Should I write old A-number on i-130, 1-864?
Kyndra Mulder
Kyndra Mulder answered on Jul 10, 2020

Read the application carefully. Do not use your A number whee it asks for the beneficiary A number. As a USC you do not need to list your A number. However you should include a note on the final page that as a naturalized citizen you had an A number and it is:.......

2 Answers | Asked in Immigration Law for New York on
Q: Hello I am an America citizen and my girlfriend is a Canadian citizen. We’re looking into the k1visa application

I have read online that we would have up to 90 days to get married upon her entry into the US. However, I have read mixed answers stating that the amount of time she would have to enter the country once the k1 visa is approved. Does she have 6 months total to enter the country and get married or... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jul 6, 2020

She has 90 days from the date of entering the USA with her K1 fiancé visa to get married to you.

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1 Answer | Asked in Divorce, Family Law, Immigration Law and Child Custody for New York on
Q: Can My ex make me move back to NY?

My ex and i Start having problems on sept. And we agreed that i would have our baby in México where My family is and then he would go get us and return to the US (NY) but we Start having more problems once i confronted him for cheating on me so he text me i could stay un mx if i wanted and he... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 5, 2020

If the baby was born in Mexico, you cannot be forced to move back to NY. You also do not have to come back to sign any divorce papers. You should speak with an attorney about the divorce or ask the judge who has your case in the supreme court to appoint an attorney to represent you on custody and... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: If my gf comes from Dominican Republic when they open their borders with her active B-2 visa, can I marry her to stay?

I am a US citizen, and we know for some time now, if we continue to have the nice relationship we have so far the idea could be getting married and asking for a status change for her to be able to work and stay here legally.

John Alexander Bates
John Alexander Bates answered on Jun 24, 2020

Yes, as long she doesn't say that she is going to get married before she comes in. Wait for 90 days after she arrives before getting married. The B-2 visa is only for visiting and not for immigrating.

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2 Answers | Asked in Immigration Law for New York on
Q: I130 for a spouse visa

I file my husband's case for the I130 form on 9th July 2019. currently, it is showing this message (Your benefit request has been accepted and is under review) He lives in Pakistan.

The last update is from 7th April 2019.

I live in Bohemia, NY please can anyone answer me when I... Read more »

John Alexander Bates
John Alexander Bates answered on Jun 20, 2020

You should do the I-693 for the medical exam on your own. You should have an interview at some point but you have not provided much information.

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1 Answer | Asked in Immigration Law for New York on
Q: What should I do in my citizenship case?

I took the citizenship interview test and I passed. I have no criminal background and I am good resident, nothing on my record. I took the test last year August and I haven't received a responses. I call today and they said my case is still under review. Its been close to a year now. I saw... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jun 19, 2020

You can bring suit in federal court forcing USCIS to make a decision in your case. That can be dangerous, because the decision could be in the negative. If you choose to go that route, make sure you have competent legal counsel.

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