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New Jersey Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law and Child Support for New Jersey on
Q: Taking 9 month baby to US

My husband is a US citizen. And he has applied i130 for me. It has been approved and i have got an interview date. My baby has born recently. Crba was rejected due to lack of physical presence. Now what could we do?

how i can i take my baby with me to US? Can i take her for my interview... View More

James L. Arrasmith
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answered on Sep 7, 2024

To bring your baby to the U.S., you will need to apply for a visa for her separately since the CRBA (Consular Report of Birth Abroad) was denied. Since your I-130 petition has been approved, you may be able to include your baby in your immigration process. You should contact the U.S. embassy or... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: What should I Answ Was the beneficiary EVER in the United States?

If there is no record of my entry into the United States

Caridad Pastor
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Caridad Pastor
answered on Sep 2, 2024

You must tell the truth even if you believe there is no record.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Do I need to explain on my new AOS application that I had an I-485 petition previously denied?

My husband (US Citizen) and I have been married for 4 years and currently reside in the US. When I married him, he was a permanent resident back then. At first, we tried to seek legal advice to check if I could adjust my status within the US with an overstayed visa; and the attorney told us I... View More

James L. Arrasmith
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answered on Aug 26, 2024

Yes, you should explain the previous denial on your new Adjustment of Status (AOS) application. It's important to provide complete and honest information on your application, including any previous petitions that were denied. This helps to avoid any issues or delays in processing.

When...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Do I need to explain on my new AOS application that I had an I-485 petition previously denied?

My husband (US Citizen) and I have been married for 4 years and currently reside in the US. When I married him, he was a permanent resident back then. At first, we tried to seek legal advice to check if I could adjust my status within the US with an overstayed visa; and the attorney told us I... View More

James L. Arrasmith
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answered on Aug 26, 2024

Yes, you should explain the previous denial on your new Adjustment of Status (AOS) application. It's important to provide complete and honest information on your application, including any previous petitions that were denied. This helps to avoid any issues or delays in processing.

When...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: If I become a citizen before my wife and son immigrate to the US on an approved F2A visa, will that cause issues?

I have applied for my wife and son on an F2A case to come to the US. They have their interview on September 9, 2024. I have also applied for naturalization for myself and my oath is on September 27, 2024. If their visa gets approved on September 9 and I take my oath on September 27, will there be... View More

James L. Arrasmith
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answered on Aug 15, 2024

If you become a U.S. citizen before your wife and son immigrate on their approved F2A visas, it could potentially complicate their case. The F2A visa is specifically for the spouses and minor children of U.S. permanent residents. Once you become a citizen, they may no longer qualify under the F2A... View More

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

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: 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?
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: Hi! I was wondering if there was a way for me as a US citizen to invite my foreign boyfriend to live in the US with me?

I have known him for a year. Would I be able to sponsor him to even visit temporarily or to immigrate? And if not, what options are available for him?

Thank you!

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 17, 2023

You can sponsor him for a green card so he can live with you in the US if you get married. Consult with an immigration attorney on how to go about this.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Can u avoid deportation from U.S. if u have clean record, no problem ,paying taxes with green card ?

Hello, I have had a green card since 2015 through my parent's immigrant classification as a child of an alien. My parent obtained residency through my uncle, who is a citizen. However, my parent never entered the country for financial circumstances. I have been living here in the United States... View More

Monica E Rottermann
Monica E Rottermann
answered on May 30, 2023

You should consult with an immigration attorney who would have to review the denial to determine if USCIS is legally incorrect in their reasoning; you only have 30 days (33 days if mailed) from the date of the denial to file the N-336.

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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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: 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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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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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: My birth date came up wrong on my Green card. How fast can it be rectified?
Monica E Rottermann
Monica E Rottermann
answered on Mar 31, 2023

You have to file Form I-90 to receive a new card with the correct information. If it was USCIS error, meaning your date of birth was listed correctly in the application but USCIS input it incorrectly, then you have to mail in your original green card and do not need to pay the filing fee. If,... View More

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1 Answer | Asked in Immigration Law for New Jersey on
Q: I got my 2 years green card thru. marriage ( married 2 years now and have a baby). also, motion to reopen was denied.

What should I do next to get my deportation order removed? some advised me to do a joint motion and some advised me to do prosecutorial discreation (I have no criminal records). This is our first marriage for both of us.

What is my best option? Highly appreciated.

James L. Arrasmith
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answered on Feb 26, 2023

If your motion to reopen was denied and you have an outstanding deportation order, there are several options you may want to consider:

Joint motion to reopen: If you are still married and your spouse is willing to help you, you may be able to file a joint motion to reopen your case. This...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Citizenship application - not enough days present?

I'm a legal permanent resident since last year residing in Buffalo, NY. My job, however is about an hour away in Hamilton, ON (Canada). I cross the border 2 to 3 times a week and sometimes return the same day and other times I stay in Canada for a couple of days as it is a hybrid position... View More

James L. Arrasmith
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answered on Feb 25, 2023

To apply for U.S. citizenship, you must meet certain eligibility requirements, including a physical presence requirement. Specifically, you must have been physically present in the United States for at least 30 months out of the five years immediately preceding your citizenship application.... View More

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