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New Jersey Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New Jersey on
Q: I submitted my citizenship application and already did my biometrics, I was wondering if I can travel out of the US?

I live in New Jersey and I was planning to go out of the country for about two weeks in August before I get the interview.

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Apr 5, 2019

If you are filing for citizenship, you still likely have a valid green card or a green card extension. As such, you should be allowed back into the country.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Earn book royalty on H4 after EAD expiry

Your Question:edit text

I am in USA on H4 visa with EAD which will expire next month. While on EAD I self published a book on amazon for which I earn royalty. Do I need to extend my EAD to continue earning Royalties on my book. Can it be considered a passive income which I can earn being on... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 27, 2019

It is not considered passive income , it is earned income and your status depends on the H1B Visa holder's employment.

1 Answer | Asked in Immigration Law for New Jersey on
Q: can i petition someone from another country like Philllppines if i dont have money on bank?

i heard need about $10,000 in bank to petition someone. what can i do to help ?

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Mar 27, 2019

Are you trying to petition them on a fiance visa? If so, the requirements are quite a bit different than that. There is no such $10,000 requirement and often such requests are earmark of a visitor visa scam. The US Embassy in Philippines is unique in its financial requirements for immigrant based... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: pending I-751

hello,

I married my husband (us citizen) in Jan 2015. got my first GC in dec 2015. filled for the second GC in Nov 2017. got the first letter for 1 year extension. after got another one for 18 month. will be expired end of jun 2019. we separated in Nov 2018 and I changed the state. we are... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 22, 2019

You really need to retain one of the few attorneys that practice both immigration and matrimonial law. Your question requires an in person consultation to obtain meaningful answers. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out forms. What... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: I am a naturalized citizen and my husband is undocumented. he tried to get his green card twice. but was unsuccessful.

he did get his SS# from one of

the attempts but no green card. I want to file for him, will his application be rejected?

Leonard R. Boyer
Leonard R. Boyer answered on Mar 19, 2019

There is an insufficient factual basis to answer your questions and address your concerns. 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... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Dear sir/madam I wana ask if priority date is current and petition i130 is pending Wht is the option? Outside USA

If petition is pending and visa bulletin is current, Wht is the option, if someone is outside not in the USA, can lawyer help any option or just wait for approval, Bcz uscis processing time is slow and visa bulletin moving fast

Thanks

Kelli Y Allen
Kelli Y Allen answered on Mar 19, 2019

If the priority date is current, it is time to apply for an immigrant visa; nothing will just happen automatically. An immigration attorney can assist you with this process.

2 Answers | Asked in Immigration Law for New Jersey on
Q: Hello me and my husband got married and now I want to fill out form I-130 but he does not have an i94 number or i94????

Can we still fill out the form and leave that blank or no? He doesn’t have an i94 because he came here without inspection

Leonard R. Boyer
Leonard R. Boyer answered on Mar 18, 2019

There is a great deal more to immigration than simply filing out forms, especially with immigration law changing almost daily. 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... Read more »

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1 Answer | Asked in Immigration Law for New Jersey on
Q: My girlfriend is currently on her 2nd year of Au Pair Program. Planning on getting married. Which forms we need to file?

She will be done with her program in August. She does not qualify for the 2 year residency so she is good to stay. Should we get married before her Au Pair Program ends so we can get ahead with all the paper filling or should we wait until she finishes her program?

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Mar 6, 2019

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.

1 Answer | Asked in Immigration Law for New Jersey on
Q: My fiancée was sentenced with 2 DUI and child endangerment. He now has a detainer on him. Will he be deported?
Leonard R. Boyer
Leonard R. Boyer answered on Mar 5, 2019

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... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Should the evidence of bona-fide marriage when filing form i-751 be from the last two years?

Should the evidence be from the last two years? (meaning after receiving conditional Green card) or should the evidence cover the years prior to receiving the conditional green car as well?

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Mar 4, 2019

The focus will be on the past two years, though bringing some evidence from the past wouldn't hurt.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Hi, my mother is a naturalized citizen, and I am a born citizen. Can we request my aunt her adopted child and husband?

They are in El Salvador. She is my mothers sister.

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 28, 2019

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.

1 Answer | Asked in Divorce and Immigration Law for New Jersey on
Q: B2 extension approval odds?

Hello experts,

I am willing to file b2 extension with consequent COS to F1. Currently I am married to GC holder, willing to file for divorce. I am here in USA and willing to study...I have unfinished MBA. I dont want my marriage influence my life any longer

Kindly let me know what... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Feb 22, 2019

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.

2 Answers | Asked in Immigration Law for New Jersey on
Q: I would like to get my children us citizenship so what can be procedure?

Hello I am us citizen through naturalization living in india since 5 years .. my wife is indian citizen and my kids become indian citizen because i was short of few days for us stay while they born in india ... I would like to get my children us citizenship so what can be procedure?

Leonard R. Boyer
Leonard R. Boyer answered on Feb 16, 2019

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... Read more »

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Child to be deported, mother is a deceased UScitizen, Dad a GC holder, need to apply at consulate or within The US?

My child is a Canadian, still resides in the US, i obtained the gc less than 4 years ago thru My ex wife who passed away just recently she applied from within the US while my child lived with her without status and he had been issued a deportation letter, hes only 8. My ex wifes sister is a... Read more »

Kelli Y Allen
Kelli Y Allen answered on Jan 18, 2019

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.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Getting married in March to a US citizen, how long should i wait before filing for green card ? living together 1.5 yrs

i have been living with my boyfriend for 1.5 years, we both work on wall street. we are getting married in March, simple court wedding nothing more(saving for a house). when should i file for green card through marriage? i am current on my first round of H1-B visa.

Kelli Y Allen
Kelli Y Allen answered on Jan 18, 2019

There is no reason to delay filing. File ASAP.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Can I apply for citizenship - 3 years after Conditional GC is issued or should I wait for ROC from GC?

I submitted my I-751 application for ROC from my Green Card application last March. My 2 year GC expired May 2018 and have been granted 18 months extension - Dec 2019. I heard I could begin my naturalization process/apply for citizenship 3 years after my GC was issued, that would be in May 2019. Is... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 5, 2019

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.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Can PhD student live out of the USA and visit 3 times each semester to meet adviser without affecting F1 visa status

I have weekly meeting with my adviser online through Skype, she doesn't mind that I stay outside of the US and meet 3 times in person each semester . Would it be OK with immigration officer at port of entry ? Im preparing for dissertation level now.

Allen C. Ladd
Allen C. Ladd answered on Jan 4, 2019

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.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Does my US citizen wife's recent unemployment impact ROC process from my Conditional GC?

My US citizen wife works as a consultant and became unemployed last year and stayed unemployed to care for our newborn. Wondering if collecting unemployment benefits for my US citizen wife - will impact the Removal of Conditions from my Conditional GC? We have been married 3+ years, and my wife was... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 4, 2019

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.

3 Answers | Asked in Immigration Law for New Jersey on
Q: I employed two illegal immigrant. One threatened to call ICE if I fired him. Any solution and what's the consequences?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 30, 2018

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... Read more »

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1 Answer | Asked in Divorce, Family Law and Immigration Law for New Jersey on
Q: I married to a Student Visa girl less a year and now we are getting divorce? is there any alimony involve in this?

She didn't like the apartment i lived in. Also, she knew before marriage i live with my parents and they are dependent on me because they are disable. She left the house after three months of our marriage. Now, she has her own apartment and living independently. She was on student visa so she... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 27, 2018

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... Read more »

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