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Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law on
Q: How can I live in the USA while on filing. My mom started the filing since 2019. She recently became a US citizen.

I also have a US Visa.

I need some vital info on how to go about this process because I know it's possible.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 17, 2021

It appears that your inquiry lacks essential facts to go by and provide a lucid answer. You state that your mother initiated a submission on your behalf as a Beneficiary, yet, you do not mention what type. Also, you do not indicate what type of visa you have and whether you may be eligible to be... Read more »

1 Answer | Asked in Immigration Law for Minnesota on
Q: how does getting a visa through a sibling work?

my mom is undocumented. I recently saw that she can get a visa through her siblings since they were born here. However, both of them sponsored my aunties husband to get his visa. Can they still sponsor her? How long does the process usually take?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 17, 2021

Yes.

If your mother's children were born in the United States and turned 21 years of age they could petition your undocumented mother to adjust the status to Lawful Permanent Residency.

1 Answer | Asked in Immigration Law for Iowa on
Q: Regarding h1 b 60 day frace period

My current H1B validity period: 03/2021-03/2024, but my last day for the job is 08/15/2021

I got a new job. The new employer wants to file an H1B transfer petition before 10/15/2021 (within the 60 day grace period) but the start date mentioned in the offer letter is 11/01/2021.

If... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 16, 2021

Each H1b case must have an assigned counsel at no charge retained by the YS sponsoring company, if it is a genuinely credible petition.?

2 Answers | Asked in Immigration Law for Texas on
Q: Applying for citizenship for green card holders?

Hello, my wife and I got our white cards approved on Nov 2nd of 2016 and we got our green cards in December of 2018. When can we start the process of applying for citizenship?

Does legal permanent resident timeline start with green card or white card?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 16, 2021

If you were paroled into the United States as refugees or asylums and received your LPR status in December of 2018 then you may file for naturalization in exactly four years and one day in December of 2022, provided you qualify otherwise.

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2 Answers | Asked in Immigration Law and Tax Law for Virginia on
Q: Amending previous returns status from single to married to Non Resident Alien, no SSN or ITIN back then.

I am a US resident and have been mistakenly filing taxes under Single, I know now that I should have been using the Married status eventhough my then husband lived abroad and had NEVER been to the US and had no income tied to the US. He never got an ITIN and I saw that I could have used the mention... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 15, 2021

You coulda mend prit tax returns with your CPA or accountant. In terms of discussing your foreign national spouse ssn and other issues a comprehensive legal review is necessary with an attorney of your selection.

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2 Answers | Asked in Immigration Law for Ohio on
Q: I9 question

I became a citizen 3 days ago and have to wait at least 10 days to update my SSN. I have to fill out an I9 for a new job. Should I select permanent resident or citizen? My permanent resident card was still valid but I had to surrender it upon taking the oath. Thank you.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 15, 2021

If you legally became U.S. Citizen after an oath ceremony you have to state USC and cannot write LPR, Social Security Number notwithstanding.

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3 Answers | Asked in Immigration Law on
Q: How can an Indian apply for US citizenship?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 15, 2021

Statutorily there are no legal grounds for a foreign Indian national to seek U.S. Citizenship, unless that foreign national qualifies to naturalize under a number of statutorily available legal pathways. There are numerous to describe as a foreign national may seek asylum, immigration visa, lawful... Read more »

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4 Answers | Asked in Immigration Law for Florida on
Q: I overstayed my ESTA with an European passport, but I am also Cuban, can I apply for CAA?

I have dual nationality and I travelled to the US on an ESTA with my European passport. However it is coming up to a year I have been in the US. Can I apply for CAA with my cuban passport and be able to stay legally in the US?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 14, 2021

The bars to adjustment enumerated in Immigration & Nationality Act (INA) 245(c) are inapplicable. So, one who was admitted as nonimmigrant visitor without a visa under the Visa Waiver Program (what you referred to as ESTA) can, assuming all other requirements for the Cuban Adjustment Act (CCA)... Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: Employment History on form I-485 as an F1 Student. What to put?

I’m an F1 student and we’re currently preparing a family petition green card application and I’ve never gotten a clear answer in what to put in the employment history section for most recent employment. Do I put unemployed since I’m a student? Do I put student? Or do I put unemployed and... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 14, 2021

You need to provide clear, full and accurate answers. For instance, if you were an F-1 student you need to state exactly that with the corresponding dates. Since you need to account for five past years of employment history, go back chronologically and list any employment places if applicable.

1 Answer | Asked in Immigration Law for Illinois on
Q: This person is here in the United States seeking for asylum because in his country he was kidnapped. He is arrested

He is arrested for entering the home of the ex wife and beating up the boyfriend. This person has schrizopenia and PTSD and since he is alone in this county he wasn't taking the medication. He has been hospitalized for this reason. IF he returns to Mexico his life in danger. this is what... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 14, 2021

You presented an asylum case on merits that has collateral procedural history and at the very least a few state criminal charges pending against him (criminal home invasion, criminal trespass, domestic battery or aggravated domestic battery). All of those are crimes of violence and trigger the... Read more »

3 Answers | Asked in Immigration Law for Florida on
Q: While filling I-130 application online the system would not allow me to put a future date for NTA Which is in Aug 2022!.

While I was filling my I-130 application online I came to the question if I have had any removal proceedings so I assumed that I did because of NTA but then in the part where I have to type the place and date of hearing, the system would not allow me to put a future date.

What should I do?... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 14, 2021

That is why we always recommend filing a hard paper form with its copy retained in a file. This way an exact submission is preserved with an ability to input all required data on the federal form.

Additionally, there is a possibility of the USCIS having glitches, flaws, internal errors that...
Read more »

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1 Answer | Asked in Immigration Law and Legal Malpractice on
Q: my sponsor has withdrawn my PR without my noticedon't know the reason for cancelling. he is in Canada and not responding

I need help to address this issue as I'm the applicant

Kyndra L Mulder
Kyndra L Mulder answered on Sep 14, 2021

PR generally refers to Permanent Resident. That being said, you question makes no since.

2 Answers | Asked in Immigration Law on
Q: Hi I was denied entry to USA in 2016. I was allowed to withdraw my application and they have put section 212 a 7 a i.

My background.

I was in USA from 2009 to 2013. I have studied and worked on my OPT in usa. My whole family lives in USA ( 2 sisters, 1 brother and my mom). I moved to Kenya in 2013 after marriage. I have visited USA in 2015 for 3 months on visitor visa and again in 2016 for 6 months. In... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 13, 2021

You triggered inadequate documents finding with your frequent travel, frequent stays, attempted entry from the third county without returning to your home county.

In fact, your file contains a perceived dual immigration intent, based on your narrative.

Now you require a waiver.

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2 Answers | Asked in Immigration Law for Arizona on
Q: my dad was approved for family reunion with me. He came to US with I-94 without interview. How can we continue our case?

I applied for family reunion with my dad while he stayed in Mexico as a tourist. He was approved for reunion and USCIS sent us to NVC. We submitted all the required documentation and NVC received them and tried to schedule an appointment for us in US Embassy of Juarez, Mexico. However, US embassy... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 13, 2021

A case review is required for your submission. If you father was paroled into the United States there may be a possibility to adjust his status without Consular Processing. But that legal analysis can be determined only after a full case review.

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1 Answer | Asked in Immigration Law and Education Law for Maryland on
Q: I have a pending asylum, can I get instate tuition. I have a work permit and a SSN. I work and pay taxes in Maryland.
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 13, 2021

Pending asylum does not confer any status to an asylum applicant. You are only permitted to remain in the U.S. and may receive an EAD and a Social Security Number to engage in lawful employment.

However, for the purposes of qualifying for an instate tuition you need to discuss it with the...
Read more »

1 Answer | Asked in Family Law, Immigration Law, Child Custody and Child Support on
Q: I am a minor currently living in Italy. My parents are out of the picture. What is the best course of action?

I want to migrate to the US. I know minors, even unaccompanied homeless immigrants with no legal status, have the right to enroll themselves in school, but what then? I have no relatives or friends in the US. How do I even get a job if I have no legal standing? My goal is to get emancipation, but... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 13, 2021

You are mistaken.

1. You will have hard time traveling to the United States by any commercial carrier absent of parental consent as no airline would board you.

2. Secondly, you may not simply board a plane and assume entitlement to work, school or social services in the United...
Read more »

1 Answer | Asked in Immigration Law and Military Law for Nevada on
Q: Can someone get their parents their papers even if they have been discharged from the military.

The papers have already been sent to D.C. for processing so they can get their citizenship. This started because of the enlistment into the military and the constant talk with a lawyer. But if the person is discharged, can they still get their parents their papers?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 13, 2021

Possibly, based on one's military discharge status and other factors. You indicated the parents do have a licensed immigration counsel which should be the best legal route as that professional should be intimately familiar with the case fine, correspondence, case filing and evidentiary case support.

2 Answers | Asked in Immigration Law for Wisconsin on
Q: Is the "Preparer" of the I-130A also the "Interpreter" for the I-130A?

'm the husband (sponsor) of my wife (the beneficiary). I prepared the I-130A for my wife and listed myself as the Preparer. Do I also have to list myself as the Interpreter? My wife speaks English, but if there's any part that she reads and needs a clarification from me on what it is, do... Read more »

Agnes Jury
Agnes Jury answered on Sep 13, 2021

If she speaks English and knows the words but you are helping her understand the meaning of something (rather than translate from English to her native language) then I don't think you need to list yourself as the interpreter. Best wishes!

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2 Answers | Asked in Immigration Law for New York on
Q: There will be any problem in my citizenship application if my spouse citizenship is denied for immigration mistakes?

Hi I want to apply for my citizenship. My spouse citizenship is denied for not submitting the RFE’s because her attorney told that not to submit. Because it can leads to her to removal proceeding. This situation will cause any problem in my citizenship application if I applied for citizenship .... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 12, 2021

This situation definitely may create a domino effect if your spousal’s situation is examined for possible immigration fraud.

I suggest consulting without any delay with an experienced immigration attorney.

There is no room for mistake here.

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1 Answer | Asked in Immigration Law for Texas on
Q: Moving while AOS and I130 Pending. Is the former household sponsor still acceptable?

Hello,

My wife and I live at home with her parents so we want to add her step dad as a household sponsor to meet the income requirements. In this case he would have to fill out Form I864A. But what happens if we filed everything now, put him as a household sponsor and then maybe move in... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 12, 2021

The submission will be as submitted on all merits with the included co-sponsor on file per I-864 and I-864A. However, shall your personal financials or co-sponsorship change you may always update the pending file with current updates accordingly.

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