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New Jersey Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New Jersey on
Q: hi I found out my husband marry me just to get his green card he was using me to take him in USA not for love , i need

i need help to withdraw his i130 please we got separated since april 2022

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 24, 2023

Does he have his 10 year card yet or just the conditional 2 year card?

1 Answer | Asked in Immigration Law for New Jersey on
Q: Our N 400 citizenship application was administratively closed while waiting for an appointment to be rescheduled.

Should we refile or request to reopen ? which option is quicker and reliable

Lilia  Alcaraz
Lilia Alcaraz
answered on Jan 11, 2023

Hello. I just wanted to let you know that you don't say the reason for the administrative closure. This makes it difficult to answer the question precisely.

However, if it is due to failure to take the Oath of Allegiance without good cause, I recommend you file a motion to reopen the...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: How or can a illegal immigrant obtain a permit to work in the country legally?

Is it possible for a person to obtain ssn if the individual is here illegally?

Kevin L Dixler
Kevin L Dixler
answered on Dec 18, 2022

It depends, but a lot of people who try may eventually be on their way to immigration court for deportation, which is also called removal. It is best to seek legal an appointment from a competent and experienced immigration attorney before there are any other complications. Sometimes, other... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Shoplifting affecting visa stamping

Hi Alexander, thank you for your prompt response, when you say not a plea to the crime what do you mean? Like what should I avoid saying? And In case the VO asks any direct questions how should I tackle?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 9, 2022

Please contact us directly at 773-562-8602 to prepare you for that visa stamping interview as there are several legal nuances you need to be aware of.

1 Answer | Asked in Criminal Law and Immigration Law for New Jersey on
Q: I was arrested for shoplifting in 2018 , on F1

In 2018 I was arrested in NJ for shoplifting, the charges when then lower down to a disorderly person offense and later dismissed entirely . I was on my F1 that time. I got my visa approved in 2020 and I am planning to get it stampped . I have my certified disposition stating the dismissal and the... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 9, 2022

Your criminal case was dismissed, thus, as long as you present the evidence of its dismissal and have not pled to a crime of moral turpitude, your visa should be approved in my professional opinion.

2 Answers | Asked in Traffic Tickets and Immigration Law for New Jersey on
Q: My friend was given a ticket for driving with fictitious plates. He is undocumented. Should he plea online?

He was also given a ticket for lack of supervision of permit holder.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 22, 2022

He should speak with a lawyer to see what his best options are we are not allowed to give specific legal advise on this website, plus we don't know the facts of his case to do this even if we were allowed to.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: I hold a Jordanian passport with B1/B2 visa. am I eligible to file Adjustment of Status via petition request?

I hold a Jordanian passport with B1/B2 visa. am I eligible to file Adjustment of Status via petition request?

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 10, 2022

Holding a valid passport from a foreign country and entering on a visitor visa does not entitle you to adjust status to get a green card. You can only adjust status if you have a sponsor either through a family or employment-based category. You should discuss the facts of your case in a private... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: How does the 5 year bar work if you break your continuous residence?

How does the 5 year bar work for public benefits (ex. SNAP) if you break your continuous residence for more than 12 months and are regiven a greencard? Do the 5 years start on the date of original entry or reentry?

Monica E Rottermann
Monica E Rottermann
answered on Jul 12, 2022

Your eligibility would be governed by the date of admission on your green card. It is unclear whether you were found to have overcome an abandonment and were able to keep your green card or if you were found to have abandoned your status and had to re-apply for a new green card. In any event it... Read more »

1 Answer | Asked in Family Law and Immigration Law for New Jersey on
Q: how much would a lawyer charge to do a sijs case?

My sister is completing 21yrs old by the end of august, she is living in the USA on a expired B2 visa. Recently she found out that she could be eligible for the SIJS since she meets the criteria. The lawyer she talked to was asking for $7k to represent her, i thought that was a high price, i know... Read more »

Richard Diamond
Richard Diamond
answered on May 10, 2022

The issue is purely an immigration claim and needs to be answered by an immigration law specialist. Our firm specializes in divorce and family law issues and while there is an overlap between immigration issues and family law, in this setting, it is best to address your concerns over costs and... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: I got married nov 2019. Then me and my husband filed so he can get his temp green card. We share a sim together.

I seperated from him oct 2020 because I found texts between him and a family member telling them to get the permanent green card and leave me. Divorce finalized with agreement that I have sole legal and physical custody. No child support. He sees his child once a month. Now he’s waiting for... Read more »

Agnes Jury
Agnes Jury
answered on May 9, 2022

He will not get permanent residency if you do not attend the interview with him. If you want to make sure he doesn't get the permanent residency, send in your divorce decree to the field office where the I-485 is being handled and where the interview is to take place. Best wishes!

1 Answer | Asked in Immigration Law for New Jersey on
Q: Can the disclosure of my membership in a political party can affect my AOS?

With a pending affirmative I-589. Is it safe for me to applied for AOS? I married a USC. Also, I know that I have to disclose on my I-485 that I was a member of a Political group back home. Will it affect my AOS?

P.S: I am sure they already have these information on my I589

Agnes Jury
Agnes Jury
answered on Apr 25, 2022

You must be truthful and consistent with your previous statements in filings. The effect of your membership depends on what type of political party it was. For example see:... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: I would like to file for citizenship but I am wondering if I have to proof of corona 19 vaccination?
Adan Vega
Adan Vega
answered on Apr 14, 2022

The process to request naturalization (FORM N-400) does not require that you obtain any type of vaccination.

1 Answer | Asked in Immigration Law for New Jersey on
Q: What do you do when you have fulfilled the criteria for immigration benefit and you are not granted relief

If you completed all the requirements, such as a pass in Citizenship test, no criminal conviction, etc, in order to have the citizenship certificate issued, and it is not issued, what do you do

Agnes Jury
Agnes Jury
answered on Apr 8, 2022

Depends on WHY the certificate is not issued so more information is needed. Best wishes!

3 Answers | Asked in Immigration Law for New Jersey on
Q: I lost my i94 and passport in a house fire. My wife got her citizenship and wants to file for me. I want to prove entry

How do I prove lawful entry. I came here in 2005

Ify Princess Ikeakanam
Ify Princess Ikeakanam
answered on Apr 6, 2022

Do you know your passport info? You could potentially retrieve your I-94 online. Or FOIA requesting your immigration records which should include I-94 info. You’ll probably need to get a new passport at this point. Good luck!

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1 Answer | Asked in Family Law and Immigration Law for New Jersey on
Q: Reply by Mar 31.What impact does the decision of the U.S. Department of Homeland Security - U.S.C.I.S. In other words,..

What, if any, evidentiary weight should a New Jersey Superior Court judge give to the federal agency’s revocation of its prior approval of Decedent’s Petition for Alien Relative based on its finding that the marriage between Respondent and the Decedent was a sham marriage?

Richard Diamond
Richard Diamond
answered on Apr 3, 2022

Based on the limited information provided, I presume that you are in the process of a divorce or contemplating a divorce and trying to figure out whether a sitting NJ Superior Court family part judge is required to view the marriage as a sham as well for the legal issues presented / to be... Read more »

3 Answers | Asked in Immigration Law for New Jersey on
Q: Should I apply for I-539 or i-485? Or both?

Hi.

My mom has nonimmigrant visa(10 years).

This is her second visit to the US(she came here before on 2016) . I am US Citizen and I applied I-130 for her online. Her stay will expire next month and I want to extend her stay. I am a single mom, working full time and all my family is... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 12, 2022

A US citizen daughter can sponsor her mother for a green card provided that mom entered the United States with permission. Even if mom is in overstay status, you can still file for her and she could qualify to get a green card. The processing time takes roughly 10 months to 12 months. I would not... Read more »

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1 Answer | Asked in Immigration Law for New Jersey on
Q: My boyfriend has a green card and caught the following charges /Manufacture,Distribute,Dispense will he loose his gcard?

My boyfriend has had a green card since the age of 6 got the following charges at 19 1 count of :

2C:35-5A1*1 CDS/Manufacture,Distribute,Dispense /1 has been incarcerated for 5years will he face deportation after serving his time? And get his green card revoked?

Kevin L Dixler
Kevin L Dixler
answered on Feb 8, 2022

I strongly recommend an appointment or teleconference with a competent immigration attorney. The crime appears serious and can result in a deportation order, but it is unclear whether the words and substance involved can be defined as a crime that lacks any relief.

If you require a second...
Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: N400 or N600 as the child of a USC who came to the US at age 20 with Resident Card category IR2?

I was Born in 1997 in Haiti. I came to the US 2017 while I was 20 years old on a Green Card category IR2. My mother is a Haitian citizen and still living in Haiti with no tight to the US as for my father, he became a USC in 2010 while I was 13 years old. Now I am caught between the rock and a hard... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Jan 14, 2022

If you were admitted into the U.S., as a green card holder, at the age of 20 years, then you cannot derive citizenship through your father. That means that you should consider whether to file a form N-400. This, after you have five years of uninterrupted lawful permanent resident status. Still,... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Process for H4 Visa. Really Important! Honest Answers appreciated Please

Hi, I have completed my Masters in USA and I'm currently working and I'm still on F1 OPT EAD. I haven't been to India since 2019 due to Pandemic. 2022 March will be the first filling for my H1B. If my H1B is approved,

1) how can I bring my husband to US whose in India right... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 28, 2021

You request a very detailed and extensive legal advice that requires a full consultation based on evidence, fact, documents, and your personal involvement it’s impossible to advise you based on that paragraph in a detailed fashion without your participation.

1 Answer | Asked in Immigration Law for New Jersey on
Q: I am a US citizen who was living abroad and I have a daughter who was born there how can she become a citizen?

I applied for her mother green card before she was born. Her mother’s case is in NVC now, Does she get added to her mother’s case?

Samuil Buschkin
Samuil Buschkin
answered on Dec 26, 2021

Several factors to be considered to understand whether your child acquired citizenship by birth or whether additional steps are required. Were you and the mom married at the time of birth, is one of them. Best to contact an immigration attorney for an analysis.

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