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New Jersey Immigration Law Questions & Answers
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... View 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... View 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... View 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... View 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... View 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...
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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... View 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...
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3 Answers | Asked in Immigration Law for New Jersey on
Q: Can I stay and work in America?

Hello! I’m on an L2 visa. Both L1&L2 extensions were requested recently. The L1 visa holder is leaving soon, but I’d like to stay and work. Can I apply for my EAD now, even though the L1/L2 extensions haven't been approved yet? Can I stay while I wait for my EAD even though the L1... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2020

Your question is not so simple as you frame it. You need an in person consultation with an experienced immigration attorney and a review of all your documents. More facts are required then what is here. Call an attorney today.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: What options I have to file H1B extension based on I-140 approval?

I will be completing 6 years of my H1B visa by 30Sep2020. And have approved I-140 received in March-2020. I understand that I can now file for 3 year extension of H1B based on I-140 approval.

I am currently located in India on vacation, but may not go back to the US due to the Coronavirus... View More

Adan Vega
Adan Vega
answered on Mar 28, 2020

Your employer (and not you) can file the FORM I-129H prior to September 30, 2020 to request the extension of the H-1B. If you are abroad at the time that the request for the extension is filed and approved by USCIS, you will have to visit the appropriate U. S. Consulate to apply for the H-1B visa.

1 Answer | Asked in Immigration Law for New Jersey on
Q: once i get my green card i will be able to travel to mexico and re-enter with no issues???

i been under u visa for almost 4 years and i am in time to apply for green card, but i will like to know if once i get my green card i will be able to travel to mexico and re enter to usa with no issues? if i ever go to mexico its only for 2 or 3 weeks. i been in usa for 11 years now and i been... View More

Adan Vega
Adan Vega
answered on Mar 25, 2020

Once you obtain your permanent resident status you can travel abroad and you can be allowed to return to the U.S. if you are not inadmissible based on your past activities. You can consult with an experienced immigration attorney to assess your case prior to traveling abroad.

Good luck to you.

4 Answers | Asked in Divorce and Immigration Law for New Jersey on
Q: what would someone need to get to the US

if the guy i was arranged to marry tries to use our verbal marriage certification, would it work?

Svetlana Kats
Svetlana Kats
answered on Mar 25, 2020

Hi there! No, verbal marriage arrangement will not work for immigration purposes- you need a real official marriage certificate.

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2 Answers | Asked in Domestic Violence, Divorce and Immigration Law for New Jersey on
Q: I am a foreigner who married to a US Citizen,a 2 yr conditional GC holder. Domestic violence victim,what are my rights?

I have already a protection order against him and He filed already a divorce and we have pre-nuptial agreement. As a 2 years greencard holder(he took my greencard)what will be the best way to do?he said that he return the card to USCIS,is that possible? What is my right as his wife? Is he still... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 21, 2020

Retain a legal aid free attorney to file a VAWA petition. Inquire at the women’s shelter.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: L1 to H1B and no premium processing

I am currently in USA on L1 status. I got a new job and my new employer is going file a cap exempt H1B ( based on a previoulsly approved H1B). USCIS today closed premium processing. Can I still join my new employer based on receipt? Employer's immigration attorneys says I can join, but on... View More

Adan Vega
Adan Vega
answered on Mar 21, 2020

As a precautionary measure, you should not commence employment with the petitioning employer until USCIS approves the FORM I-129H.

You also should be asking and directing this question to the immigration attorney filing the petition with USCIS.

2 Answers | Asked in Immigration Law for New Jersey on
Q: if an illegal immigrant marry a us citizen until what age can he/she put his/her illegal kids in the process?

the kids are under DACA program at the moment

Adan Vega
Adan Vega
answered on Mar 3, 2020

The U.S. citizen can file a relative petition (FORM I-130) on behalf of the spouse and the stepchildren who are under the age of 18 at the time of the marriage. If the spouse entered the U.S. lawfully then the FORM I-485 can be filed with the FORM I-130.

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