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New Jersey Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for New Jersey on
Q: Is it bad if I say I worked in the last 5 Years without having any working permit...?

Hello, I just submit my application for green card through marriage and I put on my employment history that I have been working in different places for the last 5 years even if I do not have any permit or SSN... Could I be in trouble for putting that on my application or maybe I could get just a... View More

James L. Arrasmith
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answered on Jan 23, 2024

Disclosing unauthorized work on your green card application can be a complex issue. While honesty in your application is crucial, admitting to unauthorized work could potentially raise questions about your immigration status and eligibility.

Under U.S. immigration law, unauthorized work...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: I am on F1, doing my CPT in NJ. My university is in IA and I'm also taking Distance Education courses offered by my uni.

Before moving to NJ, I was in Illinois, doing my CPT in a company. I had to resign from there and come to NJ for another job offer under CPT. This is because, I applied F2 for my wife while I was in IL but it got rejected during wife's visa interview for us being first cousins. So, I searched... View More

James L. Arrasmith
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answered on Jan 22, 2024

Regarding your situation of reapplying for an F2 visa for your wife, your relocation to New Jersey and the legality of your marital status in that state can indeed be relevant factors. Each state has its own laws regarding marriage, and if New Jersey recognizes your marriage, this could potentially... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: On my green card renewal process, should I consult a lawyer after or before submitting biometrics?

I just asked a question previously about green card renewals while on probation for 4th degree theft, I wanted to know if I should consult a lawyer before or after submitting my biometrics.

Syed Ali Hussain Lahooti
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answered on Jan 21, 2024

It is always advisable to consult with a lawyer, ASAP no matter whether you applied for renewal or planning to apply for that, especially in a situation like yours. In your case, it is essential to discuss your situation with an attorney who specializes in 'crimmigration'—someone... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: On my green card renewal process, should I consult a lawyer after or before submitting biometrics?

I just asked a question previously about green card renewals while on probation for 4th degree theft, I wanted to know if I should consult a lawyer before or after submitting my biometrics.

James L. Arrasmith
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answered on Jan 21, 2024

Consulting with an attorney before submitting your biometrics for a green card renewal, especially when you're on probation for a criminal offense like 4th degree theft, is advisable. The process of renewing a green card can become more complicated if you have a criminal record, and an... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: I applied for a green card renewal and I was told to go to a biometrics appointment but I’m on probation, what to expect

I’m on probation for 4th degree theft, first and only charge, never did I get in trouble before or after the incident, been a compliant NJ resident for many years, I just happened to be at the wrong time with the wrong people, I wanted to know if after I submit my biometrics what should I expect?... View More

James L. Arrasmith
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answered on Jan 21, 2024

After submitting your biometrics for green card renewal, the FBI will conduct a background check. This process includes checking criminal records, regardless of whether the offense was federal or state. Your probation for 4th degree theft will appear in this background check.

The fact that...
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2 Answers | Asked in Immigration Law for New Jersey on
Q: I applied for a green card renewal and I was told to go to a biometrics appointment but I’m on probation, what to expect

I’m on probation for 4th degree theft, first and only charge, never did I get in trouble before or after the incident, been a compliant NJ resident for many years, I just happened to be at the wrong time with the wrong people, I wanted to know if after I submit my biometrics what should I expect?... View More

Syed Ali Hussain Lahooti
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answered on Jan 21, 2024

While Form I-90 technically does not include questions about your criminal history, the biometrics process is designed to verify this information. If your criminal record comes to the attention of the officer reviewing your renewal case, you may be asked about it during the decision-making process.... View More

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4 Answers | Asked in Immigration Law for New Jersey on
Q: immigration status through marriage

Hello, My name is Daniel, I was wondering if I should pay a local lawyer to help me adjust my immigrant status or maybe I should pay a third party in those websites that they offered their assistant to help you out filling all the documents... (SimpleCitizen and Boudless are my two options so far)... View More

Adan Vega
Adan Vega
answered on Jan 17, 2024

Daniel,

I highly recommend that you consult with a qualified and experienced immigration law attorney before you proceed to request any benefits from USCIS. The attorney will be able to consult with you and provide you with professional guidance. If you decide to engage the attorney to...
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4 Answers | Asked in Immigration Law for New Jersey on
Q: immigration status through marriage

Hello, My name is Daniel, I was wondering if I should pay a local lawyer to help me adjust my immigrant status or maybe I should pay a third party in those websites that they offered their assistant to help you out filling all the documents... (SimpleCitizen and Boudless are my two options so far)... View More

James L. Arrasmith
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answered on Jan 18, 2024

When considering adjusting your immigrant status through marriage, it's essential to weigh your options carefully. Hiring a local attorney can provide personalized legal advice and ensure that your application is handled correctly. An attorney can also help navigate any complexities that might... View More

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4 Answers | Asked in Immigration Law for New Jersey on
Q: immigration status through marriage

Hello, My name is Daniel, I was wondering if I should pay a local lawyer to help me adjust my immigrant status or maybe I should pay a third party in those websites that they offered their assistant to help you out filling all the documents... (SimpleCitizen and Boudless are my two options so far)... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 18, 2024

The entire adjustment process takes more than 1 year. There are numerous forms and documents that need to be filed. Working with an immigration lawyer will maximize the chances that there won’t be any RFE’s , delays or even denials. If you do decide to work with counsel, you should research our... View More

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4 Answers | Asked in Immigration Law for New Jersey on
Q: immigration status through marriage

Hello, My name is Daniel, I was wondering if I should pay a local lawyer to help me adjust my immigrant status or maybe I should pay a third party in those websites that they offered their assistant to help you out filling all the documents... (SimpleCitizen and Boudless are my two options so far)... View More

Syed Ali Hussain Lahooti
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answered on Jan 17, 2024

I agree with what Attorney Vega advised you earlier. A licensed attorney with experience in cases similar to yours can provide proper guidance on how to proceed. Sometimes, seemingly straightforward cases may have small errors that can lead to an RFE (Request for Further Evidence) and eventual... View More

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1 Answer | Asked in Civil Litigation and Immigration Law for New Jersey on
Q: How do I stop a former step father who is an illegal from harassing me for money?

My mother passed away almost 2 years ago and her freeloading illegal husband had no place to go after she died. He broke into the garage of their prior rental for a while and stayed there and finally found some unsuspecting woman to take pity on him and found him a room in a house with other... View More

James L. Arrasmith
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answered on Jan 10, 2024

I understand your concerns about your former stepfather's harassment for money. To address this situation legally, you may consider taking the following steps:

Cease All Financial Support: Stop sending him groceries or any financial assistance immediately. Continuing to provide support...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: With an F-1 visa, can I apply for OPT while waiting for a marriage-based green card?

We will submit a marriage-based green card application in the coming weeks. I am a student on an F-1 visa that will expire on May 30th 2024. Can I apply for OPT while the green card application is underway? Thanks!

James L. Arrasmith
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answered on Jan 3, 2024

Yes, as an F-1 student visa holder, you can apply for Optional Practical Training (OPT) while your marriage-based green card application is in progress. OPT allows you to work in your field of study for up to 12 months, and it can be extended for certain STEM degrees. Your eligibility for OPT is... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: Can I be asked about VAWA in my citizenship interview?

Hello everyone. Me and 3 other family members got our GC via a VAWA self petition on January 30, 2020. The abuser at the time was a GC holder himself but he naturalized in October 22, 2020. I applied for citizenship on October 24, 2023 under 3 year rule as a VAWA recipient. I have 2 main questions:... View More

James L. Arrasmith
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answered on Dec 29, 2023

Regarding your first question, under the 3-year rule for spouses of U.S. citizens, eligibility for naturalization generally begins three years after obtaining lawful permanent resident status (Green Card). However, since your Green Card was obtained through a VAWA self-petition, the circumstances... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: Married Green card ( i am student Also i have a asylum case)

I came to America on 06/2022 J1 (I came with work and travel)

Then I turned it into F1.

I have never been stateless for a day.

I applied for asylum while I was going to school. I did not apply for a Work permit for Asylum So I did not benefit from any of its benefits.... View More

James L. Arrasmith
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answered on Dec 17, 2023

Based on the details provided, here are a few key points and recommendations on how to proceed:

- Since you have a pending asylum application but have not received any benefits from it (no EAD card or asylum status), withdrawing it should not complicate your marriage green card case....
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3 Answers | Asked in Immigration Law for New Jersey on
Q: Can i file a humanitarian reinstatement of a petition filed by my mother who passed away in 2014?

Hi there, my mother petitioned me in 1992 and got current in 2010 but failed to proceed with it. My mom passed away in 2014, me and my husband entered USA in 2012 with r1 and r2 visa that expired last 2016. we’re currently staying here in NJ. Then my brother, an american citizen who also lives... View More

James L. Arrasmith
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answered on Dec 15, 2023

In your situation, there is a possibility to request a humanitarian reinstatement of the petition filed by your late mother. Humanitarian reinstatement is a discretionary relief provided by U.S. Citizenship and Immigration Services (USCIS) for beneficiaries of family-based immigration petitions... View More

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3 Answers | Asked in Immigration Law for New Jersey on
Q: Can i file a humanitarian reinstatement of a petition filed by my mother who passed away in 2014?

Hi there, my mother petitioned me in 1992 and got current in 2010 but failed to proceed with it. My mom passed away in 2014, me and my husband entered USA in 2012 with r1 and r2 visa that expired last 2016. we’re currently staying here in NJ. Then my brother, an american citizen who also lives... View More

Roland Godfrey Ottley
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answered on Dec 15, 2023

You have acquired more than 1 year of unlawful presence in the USA, so if you LEAVE, you will face a 10 year bar to returning to the USA. Your unlawful presence will prevent your F4 adjustment application. However, you may be eligible under section 245(i) of the INA, since your mom filed for you in... View More

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Am I eligible for VAWA? Is divorce necessary? If it is a mutual consent affect my VAWA?

I was issued a temporary green card on 01/11/23. Conditions need to be removed Oct/24 to Jan/25. My husband has been harassing and tormenting me. Unable to bear with this I just moved into a shelter home. They will keep me here for a month or so. After that I will have to look for my own... View More

James L. Arrasmith
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answered on Nov 26, 2023

Under the Violence Against Women Act (VAWA), you may be eligible for immigration relief if you've been a victim of abuse by your U.S. citizen or permanent resident spouse. This applies even if you're currently holding a temporary green card. It's important to document any instances... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: While concurrent filing for a greencard, better to file I-130 online and the rest in the mail, or everything via mail?

We are filing an application for marriage based green card (spouse American, me F-1 visa holder), and I heard it is better to file everything at the same time, concurrent filing. I saw that only the I-130 petition and related documents can be filed online, the adjustment of status can only be filed... View More

James L. Arrasmith
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answered on Nov 18, 2023

In the case of filing for a marriage-based green card, concurrent filing is indeed recommended, where you file both the I-130 (Petition for Alien Relative) and the Adjustment of Status application together. While the I-130 can be filed online, the Adjustment of Status must be filed via mail.... View More

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1 Answer | Asked in Immigration Law and International Law for New Jersey on
Q: what happens if you're a US citizen that has a criminal record, warrants and flees to Philippines, and visa expires?

My ex was actively on probation for domestic violence, was to appear in court to face his 6th DUI, and behind on alimony payments..he decided to meet a girl in the Philippines, he sent her money to her to get an apartment, he obtained a visa and flew there AND was able to get through airport with... View More

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answered on Nov 13, 2023

If a U.S. citizen with a criminal record and outstanding warrants flees to the Philippines and overstays their visa, they face several legal issues.

First, overstaying a visa in the Philippines can lead to fines, detention, and eventual deportation. The process of deportation might alert...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Is there any penalty for working without work permission?

I'm filling form I-130A but I don't know what to put in there because I don't have a working permit, but I have work before. Is there any penalty for putting something like that in that form?

James L. Arrasmith
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answered on Oct 28, 2023

If you worked in the United States without proper authorization, it could have implications for your immigration status. Honesty on all immigration forms, including Form I-130A, is crucial. Providing false information can result in severe consequences, such as denial of benefits or deportation.... View More

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