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New Jersey Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New Jersey on
Q: I am separated from my US CITIZEN husband and applied for conditional green card renewal without him

Do i need affidavit of support

Adan Vega
Adan Vega answered on Jul 4, 2021

An affidavit of support is not required when you file the FORM I -751 to change your conditional status to permanent resident status. However, you will need to submit evidence of your marriage to your U.S. citizen husband.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Can I withdraw affidavit of support for someone whose conditional residency expired 4 months ago and left US?
Kyndra L Mulder
Kyndra L Mulder answered on Jul 2, 2021

The person has left the USA and conditional residency has expired so you are no longer obligated under the I-864. There is no need to withdraw it.

3 Answers | Asked in Immigration Law for New Jersey on
Q: Me and my boyfriend of several years want to get married. But he is not from here and he has work permit. Whay do we do?

Him getting married will change his status and ge will get into trouble. How can he get permanent residence?

Agnes Jury
Agnes Jury answered on Jun 7, 2021

If you are a US citizen he may be able to adjust his status to that of a permanent resident. But there are many questions an immigration attorney would need to ask him to advise him as to what he can/should do. I suggest you do a consultation with an attorney to get started. May such as myself... Read more »

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1 Answer | Asked in Adoption, Family Law and Immigration Law for New Jersey on
Q: \ if a child is in an immigration process. and both parents abuse him. would he get deported, or get a citizenship?

/

Rajeh A. Saadeh
Rajeh A. Saadeh answered on Jun 2, 2021

This is a question for an immigration lawyer. Please contact an immigration lawyer for assistance.

1 Answer | Asked in Criminal Law and Immigration Law for New Jersey on
Q: question about 5 year "GARCIA" rule in the US 3rd circuit

hi, this question is mainly for immigration lawyers in the united states 3rd federal circuit. I want to ask about something called the 5 year "garcia" rule; which mainly states that after 5 years, the federal government cannot rescind and deport someone if they find out that the green... Read more »

Agnes Jury
Agnes Jury answered on Jun 2, 2021

If you are unable to find the information you are looking for online, then you may need to hire an attorney to provide you with a written legal analysis. This type of work is usually done on an hourly basis but not many attorneys would be interested in this type of work. Best wishes!

1 Answer | Asked in Adoption, Family Law and Immigration Law for New Jersey on
Q: \ if a child is in an immigration process. and both parents abuse him. would he get deported, or get a citizenship?

If A child gets abused by both his parents, and he informs the police, would they deport him and his parents. or would he be given to a foster family/orphanage. would they get citizenship? or get deported?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on May 21, 2021

There are several places that can help the child. The child's status has to be explained to the police and there are family crisis agencies that can help. The courts sometimes have to become involved. Deportation depends on many things. Getting citizenship also depends on many things. Check... Read more »

2 Answers | Asked in Immigration Law for New Jersey on
Q: Conditional GC expired 2 months ago

I am currently in US and have booked a flight in 3 weeks from now to go overseas and spend couple of months. but now I find out that my conditional GC thorough marriage has expired 2 months ago.

What are my chances of getting it renewed? Can I still fly or should I wait?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on May 2, 2021

You should be cautious and immediately complete the documents to remove conditions. You should then file them and follow up. It is not advisable to travel if your green card has expired.

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1 Answer | Asked in Family Law and Immigration Law for New Jersey on
Q: Hey if you sent a lawyer money for a immigration case but he not yet start and you have not sent no documents also can

Get you money back ? He also a family lawyer and I really want to use the money for a family case now cause it more urgent than the immigration case

Richard Diamond
Richard Diamond answered on Apr 16, 2021

Best way to know - is to ask him. I dont know what the terms of your retainer agreement with him were but if he has not started work on your matter, you should be able to get your money back from him.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Immigration Law for New Jersey on
Q: Looking to retain a lawyer for a certificate of appealability. How much would it cost?
Amber Forrester
Amber Forrester answered on Apr 6, 2021

It sounds as though you want to file a writ of habeas corpus, and attorney fees vary by lawyer and complexity of a filing, so your best option is to speak to several attorneys who actually do that work to get an idea of price. Not all criminal attorneys have experience in filing habeas claims and... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Can I file form I-407, Abandonment of Lawful Permanent Resident Status instead of form i-751?

I currently have a conditional green card. I am supposed to submit form i-751 to remove conditions soon. However, I no longer wish to pursue my residency here in the united states. Am I able I file form i-407 to abandon permanent residency instead of i-751? I will be going back to my country.... Read more »

Agnes Jury
Agnes Jury answered on Apr 5, 2021

You do not need to file form I-751 if you wish to file form I-407. Your permanent residency will expire if you do not remove the condition anyways but it would be best to file form 407 so that USCIS is aware that you voluntarily gave up your residency, not that you failed to renew. Best wishes!

1 Answer | Asked in Immigration Law for New Jersey on
Q: De-Scheduled Naturalization Interview

I had my naturalization interview scheduled on April 13th 2021, however I received a letter today stating De-scheduled Interview. On letter it says due to unforseen circumstances we have had to cancel the previously scheduled interview. We regret any i convenience this may cause. We will advise you... Read more »

Vince Sykes
Vince Sykes answered on Apr 2, 2021

You basically have to wait. But check the online info site periodically to see if there are any updates. Communication with USCIS is on a simplex basis, so requires patience.

2 Answers | Asked in Immigration Law for New Jersey on
Q: N 400 Naturalization Interview

Hello, I recently got married in February 2021 In india but I was unable to register the marriage with Indian govt. due to office closures(Covid) . I am a GC holder and had filed my N400 naturalization in dec 2019 when I was single. I have my interrview date in April 2nd week. My wife is in India... Read more »

Adan Vega
Adan Vega answered on Mar 31, 2021

You should confirm whether your marriage in India is a valid marriage. You can contact an attorney in India or the Indian consulate nearest you to verify the validity of your marriage.

Once you confirm that your marriage is in fact valid and lawful then you can present that information at...
Read more »

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3 Answers | Asked in Divorce, Immigration Law, Civil Rights and International Law for New Jersey on
Q: Hypothetically let's say an immigrant married a US resident, and planned on creating a life here in the US together.

However the immigrant through time and lifestyle choices and even personal relationships, no longer felt the relationship they were in was feesable for them and the US resident to remain as a couple.

However the immigrant has a job and a life that they enjoy as well they may have even... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 5, 2021

What you describe is real life that repeats itself throughout the country in every state. You need to retain an experienced matrimonial and immigration attorney otherwise you will be in over your head. No hypotheticals about it!

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Who will receive notice of receipt from USICS. lawyer or applicant? Filed late Dec. 2020.

My husband used a document preparation service and or lawyer to file his AOS. We filed late December 2020. Still no receipt, and cant get in touch with “lawyer” and or document preparer. I say lawyer and or document preparer because my husband says he’s a lawyer but I don’t think he is and... Read more »

Kevin L Dixler
Kevin L Dixler answered on Feb 24, 2021

The delay may not be an issue. This is due to challenges resulting from the last U.S.C.I.S. Administration. You should be notified, but usually the applicants are notified if their address appears on the forms as the mailing address.

A document preparer is 'not' a U.S....
Read more »

1 Answer | Asked in Contracts, Employment Law and Immigration Law for New Jersey on
Q: Is the below ask for damages for valid for H1B person. It was signed when I was in my country

State of New Jersey Jurisdiction. The Employee acknowledges the time, efforts and resources the Company has and agrees to expend in Jurisdiction Employee. Employee understands that the Company is depending on the Employee to work on in-house or various Company projects and that the Company will... Read more »

Nina Frances Juncewicz
Nina Frances Juncewicz answered on Jan 12, 2021

The answer to this question would partly depend on the US state which governs employment and that states common or statutory rules on recouping liquated damages to which the US immigration law defers.

This is meant to set you on the right track, and not as comprehensive legal advise.

1 Answer | Asked in Immigration Law for New Jersey on
Q: What is the process to come back to USA with approved I-360/vawa petition

Hello, I have an approved vawa application, after filing vawa I went back to my home country. Now that my petition is approved , how can I come back to USA, what is the process. please suggest.

Leonard R. Boyer
Leonard R. Boyer answered on Jan 5, 2021

With the current travel bans in effect, there is nothing you can do. 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... Read more »

2 Answers | Asked in Legal Malpractice and Immigration Law for New Jersey on
Q: I would need a letter from my attorney explaining the error they made. How can they make it legal and valid?

They are immigration attorneys and made a mistake regarding my immigration status in the US.

Should the letter be notarized, legalized, etc.? I will need to file that letter with new attorneys/immigration offices/government office, and therefore, I would like to make sure that letter will... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 26, 2020

This reads like a very complicated challenge that should be handled by another attorney who knows what they are doing. Much more information is needed, but rather quickly. Justia.com is not geared to do anything other than encourage you to hire another attorney in such situations.

At...
Read more »

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1 Answer | Asked in Immigration Law and Legal Malpractice for New Jersey on
Q: Which state’s statute of limitations should be considered?

Since my immigration attorneys’ office is in state A, I live in state B, and they filed paperwork with the Texas USCIS office, I would like to know which state’s statute of limitations should be considered in case I sued them for legal malpractice.

Many thanks for your help and support

Kevin L Dixler
Kevin L Dixler answered on Nov 5, 2020

It may depend upon any written agreement that you had with your attorney. You 'may' have agreed to file a lawsuit exclusively in his State. It may potentially depend upon the law in your state or the state where the attorney is considered to be doing business, which may also include... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Can I apply and get Global Entry in spite of having overstayed my visa? The overstay was not my fault, but ny attorneys’

My attorneys made a mistake and failed to file an extension for me. Therefore, I unintentionally overstayed my visa.

Now, I want to get Global Entry. What are the chances of getting Global Entry if I explain that it was my lawyers’ fault and not mine? I guess they should be reasonable and... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 28, 2020

Obtaining Global Entry right now is extremely unlikely at this point in time. Your explanation, even if you could prove it, with the current situation is highly doubtful. Both USCIS and CBP officers are not going to care about why you overstayed, just that you did. Furthermore, USCIS and all... Read more »

1 Answer | Asked in Legal Malpractice, Consumer Law, Employment Law and Immigration Law for New Jersey on
Q: Can I sue my lawyers for legal malpractice? They did not file my petition with the USCIS on time.

I had an L visa. The lawyers hired by my spouse’s company were supposed to file an extension petition with the USCIS for me since we were to return home 2 weeks after my I-94 expiration. However, they did not file the petition properly. Therefore, the USCIS sent a Notice of Deficiency to them,... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 6, 2020

It would be worth your while to at least register a bar complaint against any attorney you feel acted in bad faith. As far as a lawsuit, your best bet would be to consult with an attorney regarding the facts in the case to get an idea if that would be effective.

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