New York Immigration Law Questions & Answers

Q: Can I use a child custody final orders as a proof of separation for my citizenship application?

1 Answer | Asked in Immigration Law for New York on
Answered on Jan 16, 2019
Kelli Y Allen's answer
Yes you could, but you typically do not have to provide proof of separation as part of a naturalization application.

Q: hello my boyfriend just applied for the K1 Visa , I have with multiple sclerosis can I be denied ?

1 Answer | Asked in Immigration Law for New York on
Answered on Jan 11, 2019
Kelli Y Allen's answer
Your question does not include enough information to evaluate your K1 visa case overall, but MS would not be a basis for a denial.

Q: Can I stay in the US if I have a pending I-485 based on F2A category and my F-1 student visa soon to be expired?

2 Answers | Asked in Immigration Law for New York on
Answered on Jan 8, 2019
Kelli Y Allen's answer
As long as your I-485 is pending (meaning that the priority date must be current), your status is "pending adjustment of status". That means that until a final decision is made on the I-485, you are authorized to stay in the U.S. Since you have already received your EAD based on the pending adjustment of status application, you are authorized to work for any U.S. employer and are not tied to your F1/OPT.

I always advise my clients with a pending AOS application to remain in the U.S....

Q: Can my sister petition our mother without paying for naturalization? She is already 23

3 Answers | Asked in Immigration Law for New York on
Answered on Jan 5, 2019
Leonard R. Boyer's answer
No, the fee must be paid, especially if your sister is also her sponsor. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out forms. What you do not know can have grave consequences and even prevent you from obtaining immigration benefits. You need to retain an experienced immigration attorney for any immigration matter or you may throw away your future. Do not let geographic restrictions get in the way of retaining the best attorney. Pick...

Q: I am a US resident. I have a prior DUI from 1995. Guilty and convicted. Can I enter Canada today?

1 Answer | Asked in Immigration Law and Internet Law for New York on
Answered on Jan 4, 2019
Allen C. Ladd's answer
This is a Canadian immigration law question. Check with your Buffalo-area US immigration attorneys for a referral.

Q: Received RFE on i360. Will the processing of co-currently filed i485 and EAD be paused/on hold?

1 Answer | Asked in Immigration Law for New York on
Answered on Dec 26, 2018
Hector E. Quiroga's answer
Yes. The I-485 and EAD applications are dependent upon the approval of the I-360.

Q: Should I apply for Naturalization before my I-751 is processed?

1 Answer | Asked in Immigration Law for New York on
Answered on Dec 26, 2018
Hector E. Quiroga's answer
You can apply. Just know nothing will happen on your application until your I-751 has been approved

Q: Hi. I've been a permanent resident of the U.S. since 1970. Sometime between 1983 and 85 I got married but then divorced.

4 Answers | Asked in Immigration Law for New York on
Answered on Dec 23, 2018
Leonard R. Boyer's answer
You will need to obtain proof of both. Depending upon where you got married and then divorced, will determine how hard or easy it will be to get proof of each. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out forms. What you do not know can have grave consequences and even prevent you from obtaining immigration benefits. You need to retain an experienced immigration attorney for any immigration matter or you may throw away your future....

Q: Can i be my dad affidavite and he owl child support in court, that will affect me ?

1 Answer | Asked in Immigration Law for New York on
Answered on Dec 19, 2018
Leonard R. Boyer's answer
You need to write a clear and concise question in order to obtain a meaningful answer.

Q: If I had an ESTA denied due to an alledged 8 day overstay, will I have problems at Canadian port-of-entry? ETA valid.

2 Answers | Asked in Immigration Law for New York on
Answered on Dec 18, 2018
Leonard R. Boyer's answer
You have to consult with a Canadian Immigration attorney about this. US law does not control what Canada chooses to do.

Q: Do I have a case. Will an attorney consider my case as discrimination or mediation with my Employer

1 Answer | Asked in Arbitration / Mediation Law, Employment Discrimination, Employment Law and Immigration Law for New York on
Answered on Dec 8, 2018
Leonard R. Boyer's answer
There is probably know way to "force" your employer to help you bring your spouse to US, nor keep you as an employee. You really need to retain an experienced immigration attorney to find out your other options. H1B is not a Visa that will enable you to have what you want and there is no legal basis for your to sue your employer for emotional distress. Trump administration guidelines for summoning legal and undocumented immigrants before an immigration judge to start deportation procedures will...

Q: Will I qualify for sb1 visa if I surrendered my green card because of severe mental illness?

1 Answer | Asked in Immigration Law for New York on
Answered on Nov 27, 2018
Kevin L Dixler's answer
It is unclear which category you can be petitioned under. In addition, you will need to eventually demonstrate to the satisfaction of a consular official that you are not inadmissible in that your mental disorder is now under control.

It would have been best to retain your lawful permanent resident status, if possible. It is unclear how you lost your status. More information is needed.

I strongly recommend an appointment or teleconference with a competent and experienced...

Q: Currently working. Should I stop working to start my i485 through marriage?

1 Answer | Asked in Immigration Law for New York on
Answered on Nov 21, 2018
Hector E. Quiroga's answer
We are obliged to tell you that you are working without authorization in the US. Doing so, however, should not impact your application for permanent residence.

Q: My wife just got her conditional green card. Can we live abroad together for 3 years because of a job opportunity?

3 Answers | Asked in Immigration Law for New York on
Answered on Nov 14, 2018
Myron Morales' answer
Maybe. She can apply for a reentry permit, which serves as the best evidence that she did not intend to abandon her residence while abroad. You should discuss your work plans with an attorney as she may qualify for Naturalization or a N-460 might help her while she is abroad.

Q: I am a us citizen and my girlfriend has an F1 student visa. We plan on getting married. Will she get a green card?

1 Answer | Asked in Immigration Law for New York on
Answered on Nov 12, 2018
Hector E. Quiroga's answer
It sounds as if she is eligible to adjust status after you marry, so it’s possible, yes.

Q: My employer in withholding my immigration approval

2 Answers | Asked in Employment Law and Immigration Law for New York on
Answered on Nov 7, 2018
V. Jonas Urba's answer
Consult with an immigration attorney.

Q: What can i do if i dont have the date my dad became a citizen when im filling for citizenship.

3 Answers | Asked in Immigration Law for New York on
Answered on Nov 3, 2018
Peter Munsing's answer
See if your mom has copies of any old passports,or if she can recollect where they were living when he converted etc. She can probably get the information if your dad's becoming citizen had anything to do with her.

Maybe an uncle, aunt someone in the family can intervene.

Q: Should I fill form I-765 as part of my green card process if I'm on an L-1 Visa but can't depend on my current employer?

3 Answers | Asked in Employment Law and Immigration Law for New York on
Answered on Nov 2, 2018
V. Jonas Urba's answer
Your question should be addressed by an immigration lawyer. Good luck.

Q: What happens if I change my citizenship and hence passport while I have an F1 Visa?

1 Answer | Asked in Immigration Law for New York on
Answered on Oct 23, 2018
Hector E. Quiroga's answer
It is likely you will have to reapply based on your new citizenship.

Q: Would i be placed in deportation proceedings if i try to leave the US without his father's consent?

1 Answer | Asked in Family Law and Immigration Law for New York on
Answered on Oct 16, 2018
Hector E. Quiroga's answer
That in and of itself is not enough. There might be other reasons for you to be deported, but that isn’t one.

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