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New York Immigration Law Questions & Answers

1 Answer | Asked in Immigration Law for New York on

Q: Last year Aug 2018 my husband did i 130 form, which was approved in april 2019 this year.

My husband is a u.s citizen. I came to the u.s in may on my b2 visa given 6 mnths which expires in November. I decided to stay and we decided to do adjustment of status which was sent to Chicago IL uscis, i received the reciept notice with contains a priority date of august 29 2018 same as on my... Read more »

Kevin L Dixler answered on Aug 20, 2019

The adjustment of status allows you to lawfully remain and process in the United States. If you leave while the adjustment is pending, you can be banned for ten years from returning to the U.S., because to do so is considered abandonment and this eliminates any lawful presence that you may have... Read more »

1 Answer | Asked in Immigration Law for New York on

Q: My I-130 petition for husband is in NVC phase. Does he need to submit the Police Report from other countries too?

He is living in Nepal since 3 yrs and lived about 7 yrs in United Arab Emirates (UAE) & Saudi Arabia (KSA) for employment purpose.

Stephen Arnold Black answered on Aug 15, 2019

Retain counsel to handle the case from A to Z. After a Notice of appearance is filed by your counsel, the case can be processed competently and without delays etc. . Some of us charge very affordable flat fees.

1 Answer | Asked in DUI / DWI and Immigration Law for New York on

Q: what am i supposed to do now?

hi. i have arrested for dui and my case still on court . i didn't pledge guilty yet coz my lawyer said if i agree for conditional discharge then my charges will be reduce to dui to DWAI (which is not crime , traffic violation ). right now i am waiting for my hearing and also doing scram... Read more »

Kevin L Dixler answered on Aug 13, 2019

More information is needed.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications or losses. Good luck.

2 Answers | Asked in Criminal Law and Immigration Law for New York on

Q: Can green card interview succeed with open criminal case?

I was notified that my marriage-based green card interview has been scheduled next month. I have an open criminal case with an accepted repleader deal: “harassment” violation to be reduced to “disorderly conduct” in early 2020. There was originally an assault misdemeanor but this was... Read more »

Leonard R. Boyer answered on Aug 9, 2019

You have no chance of being approved for a Green Card under these facts. You really need to retain an experienced criminal and immigration attorney immediately or face deportation and possibly incarceration.

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1 Answer | Asked in Immigration Law for New York on

Q: N -400 Part 12 ques 9 groups? does that include membership in a golf club or synagogue or ABA?

Kevin L Dixler answered on Aug 6, 2019

The form N-400 instructions are poorly drafted. Yes, an applicant is obligated to disclose all organizations. Some may be perceived as falling within categories that 'may' support qualification and/or disqualification. Two memberships listed seem to suggest an interest in maintaining good moral... Read more »

1 Answer | Asked in Immigration Law for New York on

Q: I-94 valid but h1B Transfer (i-129) denied today- how long can I stay in the US?

My h1 b was approved in Oct 2017 while working for Employer A. I left Employer A in July 2018 & started working on Receipt after an RFE I saw today my i-129 was denied, which will be send in mail in 15 days.. how long can I stay in the US? Is denial appeal worth it and should I stay until then?can... Read more »

Leonard R. Boyer answered on Jul 26, 2019

That is not the way the H1B process works. You should contact your company's immigration attorney for advice and guidance or retain your own immigration attorney.

1 Answer | Asked in Immigration Law for New York on

Q: Will traveling after my husband starts the filing process affects my travel to the usa

I'm on a tourist visa and i recently got married to a us citizen. Can my husband start the filing before i go back to my country and will i be able to travel back and forth to the us?

Stephen Arnold Black answered on Jul 25, 2019

How soon after you entered the country did you get married? This is very important. If you married within a very short time of entry (usually within 90 days of entry), USCIS will presume that you entered the country for the purpose of getting married and not to visit. There are ways to rebut that... Read more »

1 Answer | Asked in Immigration Law for New York on

Q: Was charged firs time for shop lifting 12 years ago would it prevent me from applying for a green card

Charles Oliver Wolff answered on Jul 22, 2019

You are not applying for citizenship; a green card only grants permanent residency. While theft is considered a "crime of moral turpitude", which usually is a deal breaker, there are exceptions and other points to reveal to INS that can mitigate the situation and help you get that green card. But... Read more »

2 Answers | Asked in Immigration Law for New York on

Q: Charged with shop lifting 12 years ago would it prevent me from applying for a green card

Leonard R. Boyer answered on Jul 21, 2019

While it will not prevent you from applying for a green card, it is a crime of moral turpitude and will make everything much harder. You must act fast to retain the best immigration attorney you can afford. In view of Trump's unpredictability on immigration and immigrants, the sooner you can obtain... Read more »

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1 Answer | Asked in Immigration Law for New York on

Q: Difference between I-485 and F-1 visa security checks?

Hello,

I currently have a pending I-485 petition (EB2), with a current priority date. In 2009 and 2012, I applied for F-1 visa and in both cases, I got administrative processing for my "common name", which took a year both in 2009 and 2012. I was told that these were "FBI namechecks".... Read more »

Hector E. Quiroga answered on Jul 18, 2019

Possibly. The fact that you’ve been here so long could help; you’ve been pretty well vetted.

1 Answer | Asked in Immigration Law for New York on

Q: just married, husband is British, we're applying for green card.

Husband admitted on visa waiver in 3/1999, overstayed until 12/2000. Husband readmitted on WT waiver in 1/2001 - he has his old I-94W and stamped passport.

No questions were asked about his prior overstay at his most recent inspection/admission in 2001. But if they'd asked, he'd likely... Read more »

Leonard R. Boyer answered on Jul 15, 2019

You really need to retain an experienced immigration attorney and have an in person consultation and document review. Otherwise, this will not end well.

1 Answer | Asked in Immigration Law for New York on

Q: My son is 11 have a green card but been living out of the USA going to school now he's not doing good an I want him here

Will there be a issue if he just comes back or do I have to file paperwork

Leonard R. Boyer answered on Jul 13, 2019

There is an insufficient factual basis to answer your question and address your concerns. Your situation is best handled by an in person consultation with an experienced immigration attorney. Do not let geographic factors get in the way of retaining the best possible attorney.

1 Answer | Asked in Immigration Law for New York on

Q: how can we extend an Esta for another three months when visiting from France? do we have to leave the USA and come back?

I am us citizen and my parents in law are coming to help us with the baby and we would like them to stay as long as six months. s it possible to extend their stay here in the USA once they are already here or do they have to leave and come back, and if so, for how long? can they go to Canada for a... Read more »

Sheri A Benchetrit answered on Jul 12, 2019

Unfortunately, you cannot extend your stay when you enter through ESTA Waiver program. You would have to leave and make a new entry. It does not matter what country they go to, but leaving for a day or two or even a week and then attempting to return might be seen as visa abuse or as... Read more »

1 Answer | Asked in Immigration Law and Municipal Law for New York on

Q: Can I as a non-us citizen, bring a victorinox multitool with a knife into NYC?

I'm going to a scout camp in WV, and want to bring my victorinox (swiss army knife). We're flying to New York LGA. Therefore i was wondering if i'd be allowed to bring it?

Leonard R. Boyer answered on Jul 9, 2019

NO that is not legal at all, especially flying into an airport. I really do not know what you thinking.

1 Answer | Asked in Immigration Law for New York on

Q: Re entry permit can affect on green card status?

I have been living here for the last 4 years and now i will get a green card in 5 months. I want to stay in my country for at least one year. So whats process of re entry permit? It does affect on green card

Hector E. Quiroga answered on Jul 3, 2019

You should apply for a reentry permit before you leave. It shouldn’t have any impact on your green card, but it will take longer for you to become a citizen.

1 Answer | Asked in Immigration Law for New York on

Q: Can a programmer without higher education immigrate to the US?

Hello.

What are the ways for immigration to a programmer without higher education in the US?

Interested in working immigration or business.

Thanks in advance!

Julie C Hancock answered on Jun 26, 2019

This depends on your background - your work history, your education outside of the U.S., any recognition you may have received for your work or area of expertise, whether you have a job offer, what that job offer is and a number of other factors. For a visa or green card is not always necessary to... Read more »

1 Answer | Asked in Immigration Law for New York on

Q: Is there any chance to report and remove a foreign national who fraudulently obtained a withholding of removal status

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Kevin L Dixler answered on Jun 20, 2019

If you accept payment from him, he may claim that you blackmailed him, which is also a Federal crime. He may also claim that he is bisexual. You can’t prove that the child is his without filing for child support, which you should do.

You can report a crime in progress, but if you lack...
Read more »

1 Answer | Asked in Immigration Law for New York on

Q: Hello. I am trying to learn more about spousal support qualifications and had some questions about income/assets/gifts.

If my last years taxable income doesn’t equal the $21,000 for spousal support but I didn’t include any gifts in my taxes because I didn’t know you are supposed to file them and with the family gifts My income would total that, can I use that as part of my total to prove I can support them or... Read more »

Hector E. Quiroga answered on Jun 20, 2019

You can’t count them as income; however, you might be able to show them as assets. Also, use what you have earned so far in 2019 to determine your current annual income.

1 Answer | Asked in Immigration Law for New York on

Q: How to gain immigration status as an international student?

Hi,

I am an international student from Bangladesh staying in the USA with F1 visa from September 2015. My I-20 ended May 19 2019 but i failed to finish all courses for graduation and could not file for I20 extension because of financial difficulties. Currently I am in my 3 month stay... Read more »

Hector E. Quiroga answered on Jun 13, 2019

Based on the facts you’ve given, it doesn’t seem as if you have many options. Your best bet is to see an immigration attorney who can review your case in detail and see if there are any.

1 Answer | Asked in Immigration Law for New York on

Q: My current wage is 6% less than the PWL and priority date current soon, may I file 485 with year-end bonus? Thanks.

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Dayna Lally answered on Jun 7, 2019

Generally, a bonus is not considered part of your annual wage because it is not guaranteed. You could apply for adjustment of status and have a "joint sponsor" complete an affidavit of support.

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