New Jersey Immigration Law Questions & Answers

Q: My girlfriend is currently on her 2nd year of Au Pair Program. Planning on getting married. Which forms we need to file?

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Mar 6, 2019
Deron Edward Smallcomb's answer
Adjusting status on anything other than a K1 fiance visa is a complex process. There are several forms and supporting evidence which must be submitted perfectly to be successful. You should contact an experienced immigration attorney for assistance.

Q: My fiancée was sentenced with 2 DUI and child endangerment. He now has a detainer on him. Will he be deported?

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Mar 5, 2019
Leonard R. Boyer's answer
While no one can say with absolute certainty, since these are crimes of moral turpitude the chances of deportation are very high. The only realistic chance he has, if you want to and are able to help him is to retain an experienced immigration attorney. You should bring all documentation pertaining to your fiance to the consultation. The quality of the attorney and taking prompt action is critical.

Q: Should the evidence of bona-fide marriage when filing form i-751 be from the last two years?

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Mar 4, 2019
Deron Edward Smallcomb's answer
The focus will be on the past two years, though bringing some evidence from the past wouldn't hurt.

Q: Hi, my mother is a naturalized citizen, and I am a born citizen. Can we request my aunt her adopted child and husband?

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Feb 28, 2019
Deron Edward Smallcomb's answer
Your mother can apply for a sibling, however it takes a long time to be approved. You should consult an experienced immigration attorney for details.

Q: B2 extension approval odds?

1 Answer | Asked in Divorce and Immigration Law for New Jersey on
Answered on Feb 22, 2019
Hector E. Quiroga's answer
What you want to do is quite possible. There are timing constraints regarding switching from B-1 to F-1, so be careful. We recommend that you consult with an immigration attorney through this process.

Q: I would like to get my children us citizenship so what can be procedure?

2 Answers | Asked in Immigration Law for New Jersey on
Answered on Feb 16, 2019
Leonard R. Boyer's answer
Your situation is far too complex and fact specific to be answered in an online forum. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out forms. What you do not know can have grave consequences and even prevent you from obtaining immigration benefits. You need to retain an experienced immigration attorney for any immigration matter or you may throw away your future. Do not let geographic restrictions get in the way of retaining the best...

Q: Child to be deported, mother is a deceased UScitizen, Dad a GC holder, need to apply at consulate or within The US?

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Jan 18, 2019
Kelli Y Allen's answer
The order of removal (deportation) complicates things considerably. This situation needs to be fully analyzed by an experienced immigration attorney after a review of all the records. That is the only way to properly advise you with this complicated a case.

Q: Can I apply for citizenship - 3 years after Conditional GC is issued or should I wait for ROC from GC?

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Jan 5, 2019
Allen C. Ladd's answer
You may actually apply for naturalization as early as February 2019, thanks to a "hidden" 90-day provision ... as long as you have been resident in the same city/county for 90 days leading up to your filing date. And stay there another 90 days, I believe that may be the rule.

Q: Can PhD student live out of the USA and visit 3 times each semester to meet adviser without affecting F1 visa status

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Jan 4, 2019
Allen C. Ladd's answer
Best to get a letter from the university to confirm they are aware of this arrangement and you are, and have remained in, lawful F-1 visa status. Carry it with you when you return to the POE.

Q: Does my US citizen wife's recent unemployment impact ROC process from my Conditional GC?

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Jan 4, 2019
Allen C. Ladd's answer
It's not an issue for your I-751 -- the health of the marriage is the issue. You're in good shape as I see it. Enjoy your family, and best wishes to your wife on her job search.

Q: I employed two illegal immigrant. One threatened to call ICE if I fired him. Any solution and what's the consequences?

3 Answers | Asked in Immigration Law for New Jersey on
Answered on Dec 30, 2018
Leonard R. Boyer's answer
Do you seriously believe an illegal immigrant is going to call ICE to report you? Fire them now and cut your liability for possible criminal problems. Also, this website is monitored by law enforcement, so do not say anything else about this online. I do not know what your business is, but you should have a law firm on retainer to provide you with both immigration and business advice to avoid this and all sorts of other problems.

Q: I married to a Student Visa girl less a year and now we are getting divorce? is there any alimony involve in this?

1 Answer | Asked in Divorce, Family Law and Immigration Law for New Jersey on
Answered on Dec 27, 2018
Leonard R. Boyer's answer
You do not need her signature to obtain a divorce. You just need to retain an experienced matrimonial attorney, who will represent you in this case. There is no issue of spousal support either. As for the immigration aspects, I am fairly certain this was a fraudulent "Green Card" marriage on her part. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap...

Q: Is there any consedrations makes me apply for U.S citizen after 3 yrs instead of waiting for 5 yrs ?

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Dec 22, 2018
Leonard R. Boyer's answer
As a permanent resident or conditional permanent resident you can travel outside the United States for up to 6 months without loosing your green card. If you intend to stay outside the United States for a year or more you will need a Reentry Permit. A trip abroad of 6-12 months will likely disrupt continuous residence. To fully and meaningfully answer your questions and address your concerns, an in person consultation with an experienced immigration attorney is an absolute necessity. Trump...

Q: My fiance lives in Canada. We will be applying for th K1 visa in January. While we are waiting for the determination is

2 Answers | Asked in Immigration Law for New Jersey on
Answered on Dec 19, 2018
Leonard R. Boyer's answer
If she qualifies for a tourist visa she can visit. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out forms. What you do not know can have grave consequences and even prevent you from obtaining immigration benefits. You need to retain an experienced immigration attorney for any immigration matter or you may throw away your future. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you...

Q: If a father legally obtains a Green Card, and sponsors their sixteen year old child, but for some reason abandons the -

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Dec 19, 2018
Leonard R. Boyer's answer
Yes if the father abandons their GC, the child will also lose any benefits. The presence of family members is potentially useful, but guarantees nothing. Trump administration guidelines for summoning legal and undocumented immigrants before an immigration judge to start deportation procedures will expand again starting on November 19, 2018. The U.S. Immigration and Citizenship Services (USCIS) recently announced that its officials will have more leeway to issue so-called Notices to Appear (NTA)...

Q: If I had to travel to the country I obtained asylum from for my father's funeral, will it affect my status as PR?

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Dec 2, 2018
Leonard R. Boyer's answer
You will no longer have asylum in the US, if you do so.

Q: Using foreign earned income to meet the requirements of Affidavit of Support (Form I-864)

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Nov 22, 2018
Leonard R. Boyer's answer
Trump administration guidelines for summoning legal and undocumented immigrants before an immigration judge to start deportation procedures will expand again starting on November 19, 2018. The U.S. Immigration and Citizenship Services (USCIS) recently announced that its officials will have more leeway to issue so-called Notices to Appear (NTA) if an immigration benefit request has been denied. USCIS started to implement a new protocol on October. 1, 2018 that expanded the number of reasons for...

Q: What is the best options of us couple (us citizen & dutch citizen) to immigrate to the USA from The Netherlands?

2 Answers | Asked in Immigration Law for New Jersey on
Answered on Nov 21, 2018
Myron Morales' answer
If you marry in the Netherlands, that will allow your US citizen spouse to sponsor you for lawful permanent residence. You would not lose your Dutch citizenship. It takes about a year to complete the process whether you do it in the U.S. or in the Netherlands. If you adjust your immigration status while in the U.S., you can obtain a work permit while the application is pending.

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