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New Jersey Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for New Jersey on
Q: Is it safe for me to travel outside of the US for about a month if i131 (advanced parole) is approved?

I am currently planning on visiting South Korea this winter in need of completing my physical test for the military. It is mandatory for Korean to serve for the military for 18 months, and I am required to have my physical test done in South Korea. I was going to travel outside of the US with a... Read more »

John Alexander Bates
John Alexander Bates answered on Jun 19, 2020

If you apply now and request the advanced parole, it should be processed in time (no guarantees). Generally, if you get advanced parole and take a short trip, you should be fine.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: How long does it take for 3 year old to get a U.S passport if they are already a citizen due to being born in the U.S
Kevin L Dixler
Kevin L Dixler answered on Jun 6, 2020

This depends upon the facts and evidence.

The COVID19 virus has slowed passport processing. Many are complaining about unusually long delays in processing in excess of four to eight months.

Yet, more information is needed. Was the child born in a hospital? Or born with a midwife?...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Need new I140 every time I change jobs?

Thanks for your time on this question. I have been in the States for 8+ years on H1B. Two of my past US employers got my I140 approved in 2013 and 2016 respectively. I am Indian and it will take ages for my priority date to go current. I will be changing jobs a few times in the next several years.... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on May 28, 2020

Short answer is yes. The i-140 is based upon the employer petitioning on your behalf. You are the beneficiary of the visa petition. In your query you state "it will take years for my priority date to go current." I am assuming that your preference is something less than first, as a first... Read more »

1 Answer | Asked in Tax Law and Immigration Law for New Jersey on
Q: Hi question about my tax

Hi,

I did my tax a month ago and filed by mail.

I am not sure if my taxes has been accepted.

I have my I140 and I need to submit it for immigration case.

My question is it okay to send my tax return as it is even though there is a chance it gets rejected or should I wait?

D. Mathew Blackburn
D. Mathew Blackburn answered on May 18, 2020

From a tax perspective the return has been filed when it's placed in the mail. If something happens in the future with the IRS that will be an adjustment of that return. There's nothing that can unfile it.

I would also check with an immigration attorney to make sure the...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: What evidence should my lawyers provide?

My lawyers accidentally issued the payment fee check incorrectly, which led to my extension petition rejection by the USCIS.

Because my I-94 expired before I departed from the US, I overstayed my visa even though my lawyers intended to file the extension before the I-94 expiration date.... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on May 13, 2020

Any and all that that would be appropriate.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Could you please help me?

I had an L2 visa that expired on March 25.

My I-94 expired on March 31.

My spouse, L1 visa holder, had the same visa expiration date, but their I-94 has not expired yet.

We both departed on April 12.

My spouse’s company’s attorneys supposedly filed the extension... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on May 7, 2020

You did technically overstay since the filing was rejected. However, I doubt it will have any consequences. Unlawful presence is most problematic when a person remains in the USA and is trying to change status to another visa or adjust status. However that is not the case with you. For those... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Does L1A to H1B conversion impact by EB1 Green Card? My L1A 7-year expiring in Jan 2022 and EB1 I-140 approved in 2018

EB1 India is currently not current and hence the question. I have got my H1B lottery selected and I'm eligible to apply. But want to understand if it will impact my Green Card processing

Robert Roy Klein
Robert Roy Klein answered on May 3, 2020

The H1B and the EB1 are entirely different and will not affect the other, except for the info that you put into either application. If the information is consistent, then there's no problem.

2 Answers | Asked in Immigration Law for New Jersey on
Q: How likely is it that our marriage based green card application would be rejected based on our Affidavit of Support?

My spouse is a college student. In 2017, my spouse made about $3,000 from employment, while I made about $14,000. In 2018, my spouse made about $3,000 and I made about $4,000 from employment. In 2019, we got married and filed a joint tax return for the year. In 2019, she made about $1,000 from... Read more »

John Alexander Bates
John Alexander Bates answered on May 1, 2020

You may want to get a joint sponsor to be safe.

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2 Answers | Asked in Immigration Law and Municipal Law for New Jersey on
Q: What measures do a couple who are age apart and one illegal have to make?

The couple is 13 years apart and the man is of illegal status. Will there be any complications in the process of trying to get married? Also let's say the girl is trying to get a legal status for her parents, will her getting married affect that as well?

Matthew J Hartnett
Matthew J Hartnett answered on Apr 30, 2020

The age difference shouldn't matter. The key for marriage based immigration is that the marriage has to be "bona fide", which means that the marriage cannot only be for immigration purposes. They have to want to be married to each other even if you remove immigration from the... Read more »

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2 Answers | Asked in Immigration Law for New Jersey on
Q: I have applied my green card and recently received SSN and EAD as a L2 visa holder. Can I travel outside of the US?

When I read through USCIS website, it seems fine if I have a valid L visa. However, I do not know if it is possible for me to travel outside of the US with an EAD card or when my green card is under processing.

John Alexander Bates
John Alexander Bates answered on Apr 27, 2020

You should apply for advanced parole if you want to leave while your green card is pending.

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1 Answer | Asked in Health Care Law and Immigration Law for New Jersey on
Q: As an unemployedresident if i apply for medicaid or health aid will i become a public charge

In newjersey new resident of newjersey formerly north carolina

Robert Roy Klein
Robert Roy Klein answered on Apr 15, 2020

Most forms of Medicaid is considered under the public charge rule, if it's federally funded.. See https://www.uscis.gov/greencard/public-charge. I'm unsure how the medicaid system in NJ works.

However, if it's for less than 12 months, then it's not considered. Be aware...
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2 Answers | Asked in Immigration Law for New Jersey on
Q: If i am a resident will applying for the stimulus cheque affect my application for citizenship in the future

Ie will i become a public charge and my application to citizenship will be jeprodized

Robert Roy Klein
Robert Roy Klein answered on Apr 15, 2020

No, the public charge rule or a stimulus check will not affect your naturalization application. It does not apply to LPRs nor to anyone naturalizing.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Immigration hold and Prison Covid-19

Changes show the they will be releasing inmates from prison. If an inmate has a hold on them will they be taken or will they be able to come home.

John Alexander Bates
John Alexander Bates answered on Apr 13, 2020

If they have an ICE detainer, theoretically they could be picked up any time. However, the liklihood of ICE enforcing the detainer is lower now due to the pandemic. But, no guarantees.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Is it legal to get a Social Security Number before getting an Employment Authorization Document?

Hi! I am in America thanks to an L2 visa. My husband’s company hired a third party to help me get my Social Security Number. I got the card last week. I did not apply for an Employment Authorization Document. In fact, I am not sure I will do it.

My question is: is it ok to have an SSN... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 13, 2020

You can have an SSN without an EAD. You just can't work until you get the EAD.

2 Answers | Asked in Immigration Law for New Jersey on
Q: What does USCIS mean by "your benefit request has been accepted and is under review"?

it had the date 3/3/20. My priority date is 7/3/19. Please can you explain the difference between the two dates.

I am confused please.

Robert Roy Klein
Robert Roy Klein answered on Apr 7, 2020

The first questions means that USCIS accepted your petition and an officer is currently reviewing it. Next, the priority date is when your petition was received by USCIS. The other date is the day you were notified of the status update.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: As an L2 EAD holder with a legal job in America, what is the path to permanent residence?

Hello,

I would like to know what my options for the green card are regarding my status (L2 EAD holder, currently working as an Operations Specialist for a pharmaceutical company). I was told the best path is to have my company sponsor my convertion to H1B visa so that I am not an L1... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 4, 2020

L2 to green card path: EB2 or EB3. Both require an employer to sponsor you. I don't know what you do, so you might qualify for an EB2 with a National Interest Waiver. This would waive the need for a job offer or sponsor.

EB visas are subject to a cap. You can view the visa bulletin...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: does obtaining a Medicaid card prevent American citizenship?
Robert Roy Klein
Robert Roy Klein answered on Apr 4, 2020

No, the public charge rule does not affect naturalization, unless you’ve left the US and stayed out for 180 days consecutively.

1 Answer | Asked in Immigration Law for New Jersey on
Q: I got my work authorization card from U visa, my husband is the principal and don’t get his work authorization, why?

my husband was a victim from crime in 2015, we applied for U visa and our lawyer applied for I-765 just for me, she said bc my husband was the victim the I-918 should be enough and he will get the work authorization Automatically, and now I got my c14 for 2 years and doesn’t, bc he didn’t get... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 3, 2020

A person will automatically get an EAD when the 918 is approved. It does not automatically issue when the petition was merely filed.

Next, the processing time is 5-7 months. It may be longer during the current situation.

Finally, you can't file more forms to get a longer...
Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for New Jersey on
Q: My cousin went to jail and his charges are 2c39-4d, 2c39-5d, 2c5-1.A1 and 2c-11-3a(1) class1D

My question is: how long he can stay in jail bc of those charges?

Does he have any chance to be free If he pays a bond? How much can be a bond for those charges?

How much should be a good lawyer to defend him?

He is an illegal immigrant, can he be deported?

Thank you

Robert Roy Klein
Robert Roy Klein answered on Apr 3, 2020

Just answering the immigration question. It depends on a lot of what happened and what comes out in the court proceedings. It's likely your cousin will serve time and then be deported.

2 Answers | Asked in Immigration Law for New Jersey on
Q: Can an L2 visa holder change status to stay in America even if the L1 holder leaves the country and they get divorced?

Hi! I’m an L2 visa holder. I have an EAD and I’m currently working. My spouse, the L1 visa holder, is about to finish their year of work in America and is returning to the home country soon. I want to stay in America since we’ve decided to get divorced. What are my options to remain in the US... Read more »

Adan Vega
Adan Vega answered on Mar 31, 2020

If your spouse with the L-1 status departs the U.S. and is no longer to be employed in the U.S. then your L-2 status is in jeopardy.

If you divorce then you will no longer hold the L-2 status.

You should visit with an experienced immigration attorney to assist you in exploring your...
Read more »

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