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New York Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law, Employment Law, Appeals / Appellate Law and Education Law for New York on
Q: Question about working and visa status

I’m remaining in F1 status (student visa-nonimmigration), I have far- relative lives in New York, he is owning a restaurant. I live with him and his family. I volunteer to help him with his restaurant during my free time just about 2-3 hours per week. No income received, no salary, no tips, no... Read more »

Moses Apsan
Moses Apsan
answered on Sep 21, 2022

If you are merely helping out without pay the I would not consider it employment.

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1 Answer | Asked in Immigration Law for New York on
Q: Does by wife also need to file an I-864A as well?

My mother is sponsoring my younger brother and will be completing the I-864 although she is currently unemployed. I will be filing an I-864A since both my mother and younger brother will be living with me at my residence. I make enough money to cover the required threshold. My question is, since... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Aug 24, 2022

No, as long as your income on its own without including your wife's income, meets the poverty guidelines she does not need to sign the I-864A. But you should still submit both of your W2s, so USCIS can see where the other income declared on the 1040 came from.

1 Answer | Asked in Immigration Law for New York on
Q: How do you get copy of deportation and jail records?
Monica E Rottermann
Monica E Rottermann
answered on Aug 24, 2022

To get immigration records you need to file a Freedom of Information Act (FOIA) request, either with USCIS or with EOIR (immigration court) depending on what year the deportation occurred. For criminal records you can file an FBI criminal history request or each state has its own process for... Read more »

3 Answers | Asked in Immigration Law for New York on
Q: I Am an American Citizen, I would like for my Egyptian father to come to the United States and get their Citizenship

I am 21 years old. My Family is currently in Egypt.

Adan Vega
Adan Vega
answered on Aug 23, 2022

As a U.S. citizen over the age of 21, you can file the FORM I-130 with USCIS on behalf of your parent.

You must present evidence to USCIS of the requisite evidence of your familial relationship.

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1 Answer | Asked in Immigration Law for New York on
Q: Traveling to Canada with I-155 Stamp on the foreign passport while waiting for the initial US green card.

Good morning, I wanted to know if it is possible for someone waiting for their initial US green card to visit Canada from US with the I-155 stamp on their foreign passport. Do Canadian officers create problems? Thanks.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 16, 2022

You may return to the US with the I-551 stamp in a valid passport , yet it would be up to Canadian officials to admit you.

1 Answer | Asked in Immigration Law for New York on
Q: What are the requirements to sponsor a person from out of the U.S.? (belize)

I want to sponsor a person from another country> however, I don't know what the US requirements are?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Go to the USCIS site at USCIS.gov. In the right top corner type: I-134 (Affidavit of support), after that scroll down to the line "instructions" where you may learn all requirements for that affidavit of support.

1 Answer | Asked in Immigration Law for New York on
Q: I am an American living abroad with non-American spouse. I have no job, but 13.5 K in the bank. How to get wife over?

We screwed up everything. We married in Ohio while she was on her tourist visa and applied for a green card. She left a month later because of work troubles and I went with her. We told our last lawyer to cancel the forms. I have not worked in 5 months, but she makes enough for both of us, (She is... Read more »

Carl Shusterman
Carl Shusterman
answered on Jul 27, 2022

You can sponsor your wife for a green card even though you are living abroad.

The process begins when the US citizen spouse submits a visa petition to the USCIS.

Once the I-130 is approved, the foreign-born spouse will receive a packet from the US National Visa Center (NVC). The...
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1 Answer | Asked in Immigration Law for New York on
Q: Can I leave the US at the end of my degree and come back with an ESTA?

I need to wrap up some loose ends and I have a wedding to attend at the beginning of October, is it possible to go to Canada for a day (and finish my F-1 stay) and return immediately on an ESTA?

Samuil Buschkin
Samuil Buschkin
answered on Jul 24, 2022

You may most likely take a trip of fewer than 30 days to countries contiguous to the United States and reenter on an expired visa provided you have proper documentation and have not applied for a new visa during the visit. Canada would be such a contiguous country.

2 Answers | Asked in Immigration Law for New York on
Q: I need to bring my boyfriend from the dominican Republic to get married in the USA what I need to do thank you
Stephen Arnold Black
Stephen Arnold Black
answered on Jul 23, 2022

You can file a fiancé visa petition, and once approved he can enter the United States, but must marry within 90 days of arrival. After marriage, you can sponsor him for his green card through the adjustment of status process.

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1 Answer | Asked in Immigration Law for New York on
Q: How to correct an error in the Petition for Name Change?

Hello!

I need to correct a Petition for Name Change by adding a patronymic name in to the former name. Document is issued by the Department of Homeland Security. I was told that they had nothing to do with the name change, the case is closed, and I need to call to the court they work... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jul 14, 2022

You would need the court to issue you a name change, they cannot actually change the name on your certificate, but you first have to obtain a name change from the state court and then once you have the judge’s order legally changing your name you would then have to file Form N-565 with the... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: applying for citizenship how can i get a sample letter for failure to register for selective service
Monica E Rottermann
Monica E Rottermann
answered on Jul 11, 2022

Whether your failure to register could result in a denial of your application, will depend on your age at the time you file the N-400.

If you are over 31 when you file the N-400 then your failure to register will not have an impact on your eligibility to naturalize. If you are between 26...
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1 Answer | Asked in Immigration Law and Landlord - Tenant for New York on
Q: If a US sponsor petitions for an adult family immigrant, what is the USCIS accommodation requirements if the US sponsor

resides in a one bedroom apartment with a lease agreement stating one occupant?

Monica E Rottermann
Monica E Rottermann
answered on Jul 6, 2022

USCIS requires a petitioner to file an affidavit for support, Form I-864, and meet certain income thresholds based on the federal poverty guidelines and household size. This requirement does not extend to accommodations. You can see the income requirements here: https://www.uscis.gov/i-864p

1 Answer | Asked in Immigration Law for New York on
Q: I need to bring my boyfriend from the dominican Republic to get married in the USA what I need to do thank you God bless
Yohan Zingile
Yohan Zingile
answered on Jun 30, 2022

You can file a fiancé visa to bring your boyfriend to the U.S. Upon arrival in this visa category, you will need to marry within 90 days. Then, he will need to adjust status in the U.S. This is a two step process. I suggest to seek the assistance of an experienced immigration lawyer.

2 Answers | Asked in Immigration Law for New York on
Q: Can I help my wife obtain a green card if I’m disabled on a fix income ( ssi income)?
Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 24, 2022

Since you are a US citizen sponsoring your wife, you must file an affidavit of support, even though you do not have sufficient income. However, you will need a cosponsor, someone who has sufficient income and who was either a green card or US citizenship. This person who has to be presently... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: I am in a pending status for I-485 , through approved I-140, can I keep using Insurance that was provided by the school?

When I was in f-1 status my school provided insurance info for students. So I used it when needed. Now I am waiting for the EAD and after tat green card, can it affect it somehow?

Yohan Zingile
Yohan Zingile
answered on Jun 21, 2022

When you state that you use it do you mean that you enrolled in the school insurance plan for international students? In any case using your school insurance plan would not affect your eligibility for green card or EAD.

1 Answer | Asked in Immigration Law for New York on
Q: Secondary inspection at the airport everytime I travel international (US Immigration) need them to change their records

Im a United States permanent resident since 2000. 22 years and zero criminal records. Good person, government employee as well. Well, everytime I travel international and return at the airport US immigration sends me to secondary inspection. Funny thing is that they don't ask me anything but... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

You can try submitting an inquiry with DHS Traveler Redress Inquiry Program (DHS TRIP): https://www.dhs.gov/dhs-trip.

2 Answers | Asked in Immigration Law for New York on
Q: Green Card "New Card is being Produced" - what does that mean?

My partner is on a L1A and applied for Green Card. She received a notification for her i-485 that "Card is being produced"? Does it means she will receive an EAD or Green Card? If she receives her EAD, can she leaves her current employer? thank you.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jun 13, 2022

Based on how you have presented the facts and posed your question, it sounds as though the green card is being produced. As to leaving the employment of the employer that sponsored your partner for the green card upon receiving the green card, your partner may wish to schedule a consultation with... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: Hello, I came to the US on a J-1 Visa in 2017, I soon after entry discontinued the program but remained in the US

I remained in the US for 4 years and left in 2022 without any removal notice from the government. My I-94 states D/S and I’m not sure if I triggered any reentry bans and if I did, if I may return to the US for vacation after 10 years?

Stephen Arnold Black
Stephen Arnold Black
answered on May 15, 2022

A foreign national who remains out of status for longer than one year, and then exits the United States, is barred to return to the US for a period of 10 years. After that period, you can apply for a visitor visa at the consulate overseas.

1 Answer | Asked in Immigration Law for New York on
Q: I am trying to marry my wife she is here on a j1 work visa can someone help me please thank you
Stephen Arnold Black
Stephen Arnold Black
answered on May 9, 2022

An immigrant here on a J1 visa can marry a US citizen and adjust status to get a green card, provided that the J1 visa is not subject to the two-year home residency requirement. Counsel in any state can represent you and process the case from start to finish.

2 Answers | Asked in Immigration Law for New York on
Q: Hi I filed a petition for my wife and stepdaughter but so far only one has been scheduled for interview

Her interview is set for this June 3 but I’m wondering if I have to be their for her interview and then also go to the other two petition seperetly after they are scheduled or should I reschedule the youngest interview the interview is Dominican Republic and it’s a I-130. For all three all the... Read more »

Namita Agarwal
Namita Agarwal
answered on May 4, 2022

Yes, you should attend a marriage based interview if filed in the US through adjustment of status. It would be worthwhile to understand what happens at time of interview as well. Good luck!

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