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New Jersey Immigration Law Questions & Answers
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Q: I want my marriage green card immigration petition withdrawn.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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2 Answers | Asked in Immigration Law for New Jersey on
Q: "My birth date came up wrong on my Employment Authorization Card. I've held on to it for a year now.

How do I right this wrong?

James L. Arrasmith
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answered on Apr 18, 2023

If your birth date is incorrect on your Employment Authorization Card, you should take steps to correct it as soon as possible. This can be done by filing Form I-90, Application to Replace Permanent Resident Card, with the United States Citizenship and Immigration Services (USCIS). The form can be... 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?
James L. Arrasmith
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answered on Apr 6, 2023

If your birth date is incorrect on your Green Card, it is important to have it corrected as soon as possible to avoid any issues with your legal status in the United States. The process for correcting a mistake on a Green Card can vary depending on the specific circumstances and the severity of the... 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

2 Answers | Asked in Family Law and Immigration Law for New Jersey on
Q: How do you deal with foreign child marriages (under16), would they have to got to court (§ 37:1-6) to get it approved?
Richard Diamond
Richard Diamond
answered on Feb 6, 2023

In 2018, New Jersey Governor Murphy signed a bill into law that would prohibit anyone under the age of 18 from marrying or entering into a civil union. As of July 2022, seven U.S. states have banned underage marriages, with no exception, including New Jersey.

Historically, child marriage...
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2 Answers | Asked in Family Law and Immigration Law for New Jersey on
Q: How do you deal with foreign child marriages (under16), would they have to got to court (§ 37:1-6) to get it approved?
James L. Arrasmith
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answered on Feb 26, 2023

Child marriage is generally illegal in the United States, with a few exceptions in certain states that allow minors to marry under certain circumstances. The minimum age for marriage varies by state, but in most states, the minimum age is 18. However, some states allow minors to marry with the... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: TPS Renewal online but the question 24 is confusing

Hello! I am trying to renew my TPS online I came across question #24 What is the expiration date of the authorized stay shown on your Form I-94 or Form I-95?

Should I use the date of my first entry I-94 expiration date, or should I use the date on my current TPS form?

James L. Arrasmith
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answered on Feb 26, 2023

For question #24 on the TPS renewal application, you should use the expiration date on your current TPS document, which is the document that currently grants you authorized stay in the United States. If you entered the United States with a different visa and have an earlier expiration date on your... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: TPS Renewal online but the question 24 is confusing

Hello! I am trying to renew my TPS online I came across question #24 What is the expiration date of the authorized stay shown on your Form I-94 or Form I-95?

Should I use the date of my first entry I-94 expiration date, or should I use the date on my current TPS form?

Min Hwan Ahn
Min Hwan Ahn
answered on Jan 30, 2023

If you are trying to renew your Temporary Protected Status (TPS) and have encountered a question about the expiration date of your authorized stay, it is highly recommended that you seek the assistance of a legal professional. The correct answer to this question can have a significant impact on... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: prosecutorial discretion vs. joint motion (I'm a greencard holder)

I got my greencard thru. marriage (married for 2 years now and have a baby). Recently, motion to reopen was denial (my deportation order). What is my next/best option?

Some advised me to do a joint motioin. some advised me to do a PD.

Thank you.

James L. Arrasmith
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answered on Feb 26, 2023

Both a joint motion to reopen and prosecutorial discretion (PD) are potential options for individuals who have a deportation order and are seeking to have it removed.

A joint motion to reopen involves filing a motion with the immigration court, along with your spouse, and providing evidence...
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2 Answers | Asked in Immigration Law for New Jersey on
Q: prosecutorial discretion vs. joint motion (I'm a greencard holder)

I got my greencard thru. marriage (married for 2 years now and have a baby). Recently, motion to reopen was denial (my deportation order). What is my next/best option?

Some advised me to do a joint motioin. some advised me to do a PD.

Thank you.

Kevin L Dixler
Kevin L Dixler
answered on Jan 28, 2023

If you are representing yourself at least you appreciate that you are doing something wrong. If you have representation, the discretion being used, that is, the advocacy and time spent to present the request seems to be ineffective or insufficient based upon the immigration judge's... View More

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Our N 400 citizenship application was administratively closed while waiting for an appointment to be rescheduled.

Should we refile or request to reopen ? which option is quicker and reliable

Lilia  Alcaraz
Lilia Alcaraz
answered on Jan 11, 2023

Hello. I just wanted to let you know that you don't say the reason for the administrative closure. This makes it difficult to answer the question precisely.

However, if it is due to failure to take the Oath of Allegiance without good cause, I recommend you file a motion to reopen the...
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2 Answers | Asked in Traffic Tickets and Immigration Law for New Jersey on
Q: My friend was given a ticket for driving with fictitious plates. He is undocumented. Should he plea online?

He was also given a ticket for lack of supervision of permit holder.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 22, 2022

He should speak with a lawyer to see what his best options are we are not allowed to give specific legal advise on this website, plus we don't know the facts of his case to do this even if we were allowed to.

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2 Answers | Asked in Traffic Tickets and Immigration Law for New Jersey on
Q: My friend was given a ticket for driving with fictitious plates. He is undocumented. Should he plea online?

He was also given a ticket for lack of supervision of permit holder.

Stuart Nachbar
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Stuart Nachbar
answered on Nov 23, 2022

As we are not supposed to give specific legal advise here, please seek out representation from a criminal attorney who has knowledge of immigration law. There are specific offenses that can lead to deportation, but I do not believe that this is one of them

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1 Answer | Asked in Immigration Law for New Jersey on
Q: I hold a Jordanian passport with B1/B2 visa. am I eligible to file Adjustment of Status via petition request?

I hold a Jordanian passport with B1/B2 visa. am I eligible to file Adjustment of Status via petition request?

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 10, 2022

Holding a valid passport from a foreign country and entering on a visitor visa does not entitle you to adjust status to get a green card. You can only adjust status if you have a sponsor either through a family or employment-based category. You should discuss the facts of your case in a private... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: Lies and dishonesty on immigration status

During my divorce I’ve learned that my ex was actually making money from his personal business overseas while he was applying for his green card. He stated on his documents that he wasn’t earning money. Is this illegal? Can it get him deported? Is there anything I can provide to immigration to... View More

James L. Arrasmith
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answered on Apr 29, 2024

It sounds like you are going through a difficult situation with your divorce and the revelation about your ex-husband's dishonesty regarding his income when applying for a green card.

Providing false information on immigration documents is indeed illegal. It falls under the category...
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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.

2 Answers | Asked in Immigration Law for New Jersey on
Q: I130 FORM ask"Was the beneficiary EVER in the immigration proceedings"?

the immigration proceedings: include removal, exclusion/deportation, rescission and other judicial proceedings." Does political asylum belongs to those? should I answer YES or NO?

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 4, 2023

The "immigration proceedings" referred to in the I-130 form typically includes formal legal proceedings initiated by the government to remove a non-citizen from the United States, such as removal proceedings, exclusion proceedings, deportation proceedings, rescission proceedings, and... View More

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