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New Jersey Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New Jersey on
Q: Hello , I am in process in country abroad legalization of my citizenship, government request criminal record from USA

Can attorney get my criminal record for me , and mail it to country abroad?

James L. Arrasmith
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answered on Oct 22, 2023

To do this, it typically involves requesting a background check or a "rap sheet" from the Federal Bureau of Investigation (FBI) or the appropriate state agency. It's important to ensure that you provide all necessary consents and information to facilitate the request. Once obtained,... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: If I’ve a ICE form I-220A can I change a state of residence by applying EOIR-33 without going to duty officer in person?

I was released with a humanitarian parole few weeks ago from detention in San Ysidro. I crossed the border by CBP1 app.

After personal visit ICE office they gave me form I-220A. I informed them that I don’t want to live in the sponsor’s city and I want to change city/state of the... View More

James L. Arrasmith
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answered on Oct 22, 2023

The ICE Form I-220A places conditions on your release, one of which is that you must not change your place of residence without first obtaining permission. The EOIR-33 form is used to notify the immigration court of a change of address. While submitting an EOIR-33 form and a Motion to Change Venue... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: Bringing spouse to USA after marriage and adding to pending I-485 application

Hi. I am an Indian citizen. My current status is H-1B visa with updated visa stamp on passport until Aug 2026. My EB-2 priority date is Aug 2011 with I-140 approved. My I-485 application was filed earlier this month and is in pending status. I'm planning to visit India in December 2023 to... View More

James L. Arrasmith
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answered on Oct 22, 2023

Congratulations on your upcoming wedding!

After you marry in India, you can petition for your wife by filing an I-130, Petition for Alien Relative. Once the I-130 is approved and if your priority date becomes current, she may then apply for an immigrant visa at a U.S. consulate in India....
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2 Answers | Asked in Immigration Law for New Jersey on
Q: As an F1 Student can I hold partial ownership of LLC in New Jersey . Thanks
James L. Arrasmith
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answered on Oct 14, 2023

An F1 student can hold partial or even full ownership in an LLC in New Jersey or elsewhere in the U.S. However, being an owner of an LLC doesn't grant you authorization to work for the company. F1 visa holders are subject to strict employment restrictions, and unauthorized employment can... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: As an F1 Student can I hold partial ownership of LLC in New Jersey . Thanks
T. Augustus Claus
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answered on Oct 12, 2023

In New Jersey, there are generally no state-specific restrictions that prevent an F1 student from owning a share of an LLC. However, federal immigration regulations could pose challenges. While an F1 student can be a passive investor or owner in an LLC, active involvement in the business might... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: I had a insurance fraud case 17 years ago, Can I apply for the citizenship?
James L. Arrasmith
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answered on Oct 14, 2023

A conviction for insurance fraud can be considered a crime involving moral turpitude (CIMT) under U.S. immigration law. When applying for citizenship, there is a statutory period during which good moral character is assessed, typically the 5 years immediately preceding the application (or 3 years... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: I had a insurance fraud case 17 years ago, Can I apply for the citizenship?
Monica E Rottermann
Monica E Rottermann
answered on Sep 29, 2023

Perhaps, but it is also possible that the conviction renders you deportable from the United States and applying for citizenship would be a bad idea. Depending on the date that you were admitted as a lawful permanent resident, the date of the conviction, and the rest of your complete criminal... View More

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1 Answer | Asked in Employment Law and Immigration Law for New Jersey on
Q: How can a foreign citizen find employment in the US? What are the options?

I know someone in another country who is a mechanical engineer with 5 years experience. He is willing to work in his field but will also consider an unskilled job since it might be difficult to get an H1B visa in his field in the US. How does he find the dirty jobs that often go unfilled in the US... View More

James L. Arrasmith
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answered on Sep 3, 2023

To find employment in the U.S., your friend has multiple visa options such as H-1B for specialized employment, or H-2B for seasonal or temporary non-agricultural work. For jobs that are often unfilled, employers who are open to hiring foreign workers may petition for H-2B visas. Networking, online... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: Is it possible for me as a US citizen to invite a foreign citizen to the US who is not a family member to immigrate?

Is there anything I can do as a US citizen to help his immigration process?

James L. Arrasmith
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answered on Sep 7, 2023

As a U.S. citizen, your ability to "invite" someone who is not a family member to immigrate to the U.S. is limited. The main avenues available for sponsoring someone for immigration are family-based and employment-based sponsorships; without a family relationship or an employer-employee... View More

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Hola Buenos dias me gustaria hacer una consulta el dia dia agosto 16 2022 mi esposo y yo ganamos la cancelacion

De deportacion pero hasta la fecha no hemos recivido ningun documento de la corte donde nos dija que esta cancelada y nos gustaria Saber que sigue despues de ganar el caso en la corte.

Muchas gracias

Ana S. Mendieta
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Ana S. Mendieta
answered on May 18, 2023

First and foremost, Congratulations to you and your spouse on winning a EOIR-42B, Cancellation of Removal and Adjustment of Status for Certain nonpermanent residents.

You have not received any documents as yet, because the Judge has not issued a decision in your case. Your case is pending...
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2 Answers | Asked in Immigration Law for New Jersey on
Q: I've heard that in May 12 New Parole Law comes in effect. I'm now waiting for I-212 and I-601 are we entitled to apply?
James L. Arrasmith
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answered on May 16, 2023

To determine whether you are entitled to apply for I-212 and I-601 under the new law, it would be best to consult official sources such as the USCIS website or seek guidance from an immigration attorney.

It's worth noting that the eligibility criteria and application processes for...
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2 Answers | Asked in Immigration Law for New Jersey on
Q: Initially requested reschedule for marriage based green card interview but now we want to withdraw application.

Would this be a problem and prevent me from applying for a green card again in the future? I left the US without advance parole so application is probably already abandoned but they still sent an interview date. Should this be included in the letter? Is the reason that now I’m pursuing further... View More

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

Would this be a problem and prevent me from applying for a green card again in the future?

The bar at 204(c) specifically refers to a marriage entered into for the purpose of obtaining permanent resident in the United States. If the USCIS determines that you fraudulently entered into the...
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2 Answers | Asked in Immigration Law for New Jersey on
Q: Initially requested reschedule for marriage based green card interview but now we want to withdraw application.

Would this be a problem and prevent me from applying for a green card again in the future? I left the US without advance parole so application is probably already abandoned but they still sent an interview date. Should this be included in the letter? Is the reason that now I’m pursuing further... View More

James L. Arrasmith
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answered on May 16, 2023

If you have decided to withdraw your application for a marriage-based green card interview, it is advisable to follow the appropriate steps to ensure that your request is properly documented. Here are some points to consider:

Consequences of withdrawal: Withdrawing your application will...
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4 Answers | Asked in Immigration Law for New Jersey on
Q: Do I qualify for a i601a waiver?

I have been having daca since I was 17 yrs old. Married to USC and have an approved i-130. I am planning to file a i601a waiver because I dont want to file an adjustment of status. I believe advanced parole is too risky if they don’t let me back in the country. But the question is…I haven’t... View More

Cesar Mejia Duenas
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answered on May 6, 2023

Both strategies advance parole, and 601a are incorrect. Since you have not accrued unlawful presence as you received DACA before turning 18 y.o., there is no need to file a waiver and you might qualify to file for adjustment of status forthwith. I recommend that you seek consultation with an... View More

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4 Answers | Asked in Immigration Law for New Jersey on
Q: Do I qualify for a i601a waiver?

I have been having daca since I was 17 yrs old. Married to USC and have an approved i-130. I am planning to file a i601a waiver because I dont want to file an adjustment of status. I believe advanced parole is too risky if they don’t let me back in the country. But the question is…I haven’t... View More

James L. Arrasmith
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answered on May 16, 2023

The eligibility for an I-601A waiver, also known as the Provisional Unlawful Presence Waiver, is determined by several factors. Here are a few points to consider:

Unlawful presence and DACA: DACA (Deferred Action for Childhood Arrivals) recipients generally do not accrue unlawful presence...
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3 Answers | Asked in Immigration Law for New Jersey on
Q: Can I apply for a 601A Waiver if I don’t want to take the risk of applying for adjustment of status?

I currently have daca and have been having it since before I turned 18. I am currently married to a US Citizen and have an approved 1-130. I do not want to take the risk of applying for advanced parole and then filing i-485. I would like to apply for the i601 a waiver.

James L. Arrasmith
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answered on May 16, 2023

The eligibility for the I-601A waiver, also known as the Provisional Unlawful Presence Waiver, is determined by specific criteria. While it is typically used in conjunction with the adjustment of status process, it may still be possible to apply for the waiver without filing the I-485 application.... View More

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3 Answers | Asked in Divorce, Family Law and Immigration Law for New Jersey on
Q: Mother-in-law disrupts my life by living in my condo for more than 6 months at a clip after being away briefly.

In 2015 my wife submitted an affidavit of support for her mother but due to her low income, I had to give her a supporting affidavit of support. In 2016 my mother-in-law came to the US. Ever since she has been here, she has created a lot of rift between me and my wife.

She lives for more... View More

Richard Diamond
Richard Diamond
answered on Apr 24, 2023

There is no "real" legal advice to give in this setting. You are frustrated that your mother-in-law disrupts your household and while staying in your house, it appears that your mother-in-law is ungrateful/disrespectful to you.

My suggestion is that you sit down with your...
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3 Answers | Asked in Divorce, Family Law and Immigration Law for New Jersey on
Q: Mother-in-law disrupts my life by living in my condo for more than 6 months at a clip after being away briefly.

In 2015 my wife submitted an affidavit of support for her mother but due to her low income, I had to give her a supporting affidavit of support. In 2016 my mother-in-law came to the US. Ever since she has been here, she has created a lot of rift between me and my wife.

She lives for more... View More

James L. Arrasmith
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answered on Apr 29, 2023

If your mother-in-law is living in your condominium without your consent and causing disruptions in your life, you may have legal options to remove her from the property.

First, you may want to consult with an experienced attorney to determine your legal rights and options in your specific...
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3 Answers | Asked in Divorce, Family Law and Immigration Law for New Jersey on
Q: Mother-in-law disrupts my life by living in my condo for more than 6 months at a clip after being away briefly.

In 2015 my wife submitted an affidavit of support for her mother but due to her low income, I had to give her a supporting affidavit of support. In 2016 my mother-in-law came to the US. Ever since she has been here, she has created a lot of rift between me and my wife.

She lives for more... View More

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Apr 23, 2023

Legally you may have the right to keep her out of your home but obviously this will create issues with your wife who really should be on board with you and help protect you from her abuse. Nobody deserves to be mistreated. Perhaps you can find an apartment of your own while she’s in town and tell... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: I want my marriage green card immigration petition withdrawn. In which cases can I be barred from applying again?

My application was first denied because we did not attend interview and they called it a no-show. We had asked for a reschedule so we filed a motion to reconsider. It was approved and they’ve sent a new date but I’m not in the country anymore and I didn’t leave with Advance Parole. I don’t... View More

James L. Arrasmith
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answered on Apr 23, 2023

If you wish to withdraw your marriage green card immigration petition, you may do so by submitting a written request to the United States Citizenship and Immigration Services (USCIS). It is important to note that there are potential consequences of withdrawing your petition, and you may be barred... View More

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