New Jersey Immigration Law Questions & Answers

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.

Q: My wife and kids are from Italy, but I'm American. How quickly can they become American citizens as well?

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Nov 20, 2018
Ms Grace I Gardiner's answer
For your wife you will have to apply for a green card and three years after she receives it she can apply for citizenship.

For the children if under 18 you can apply for birth abroad USA birth certificates

Q: Should my spouse correct wrong answers on her DS-260 Application after submission to the Consulate?

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Nov 20, 2018
Myron Morales' answer
Have her submit a new DS-260 with the correct answers. Print out the barcode sheet and have her take it to the interview. She can explain the corrections at that time. You can also send an email to the Consulate asking for it to be forwarded to the IV Chief with the corrections explained.

Q: I am applying for a visa for my husband. I was using governmental aid for my 2 kids. Should I discontinue the aid now

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Nov 18, 2018
Leonard R. Boyer's answer
Your situation is just not that simple. 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 can find and...

Q: What is the best way to get a Green Card?

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Nov 18, 2018
Leonard R. Boyer's answer
The best way to get a green card is to have a bona fide (REAL) marriage to a U.S. Citizen. You are going to have to have an in person consultation and document review with an experienced immigration attorney, especially since the law is changing tomorrow and the chances of deportation have drastically increased. Trump administration guidelines for summoning legal and undocumented immigrants before an immigration judge to start deportation procedures will expand again starting on November 19,...

Q: Can my L1-B visa further extended to 8 months to make it full 5 years as my extension was done from I-94 expiry date?

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Nov 16, 2018
Leonard R. Boyer's answer
If you have a company immigration attorney, these questions should be directed to your immigration attorney. Your questions should be directed to your company's immigration attorney, since the attorney is the person most familiar your case. But remember this attorney is the company attorney, not yours. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors...

Q: Hi there! What is the issue if my fiance had a wife 8/10 years ago and now we are planning to get married?

2 Answers | Asked in Immigration Law for New Jersey on
Answered on Nov 14, 2018
Myron Morales' answer
As long as he completed a divorce, then he is free to marry you. He will need a certified copy of the divorce decree to prove that he is free to marry, but it should not be a problem from an immigration perspective.

Q: my bf was picked up on a warrant form Texas for violation of entering the USA after bein deported he is now in jail.

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Oct 30, 2018
Leonard R. Boyer's answer
You need to retain an experienced immigration attorney. Immigration is a very complex and technical area of law. It would be wise to privately have an in person consultation with an immigration attorney in private where you are protected by attorney-client privilege which does not exist on the Internet. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to...

Q: I'm applying for a marriage based green card. Should I book the doctors appointment before submitting the paperwork?

2 Answers | Asked in Immigration Law for New Jersey on
Answered on Oct 22, 2018
Leonard R. Boyer's answer
No, that is not how things are done. Immigration is a very complex and technical area of law. It would be wise to privately have an in person consultation with an immigration attorney in private where you are protected by attorney-client privilege which does not exist on the Internet. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best...

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