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New York Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law and Tax Law for New York on
Q: I am filing a I-130, Petition for Alien Relative form for my father who is overseas.

I am filing a I-130, Petition for Alien Relative form for my father who is overseas. He was a permanent resident who lost his green card status 10 years ago.

Part of the requirements of the petition is to submit my tax returns from the last three years. I have used my father as a dependent... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 1, 2021

Here is what the IRS site states with respect to dependents claim:

You may be eligible to claim both your niece and her son as dependents on your return. In order to claim someone as your dependent, the person must be:

1. Either your qualifying child or qualifying relative...
Read more »

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3 Answers | Asked in Immigration Law for New York on
Q: Hi. Is it a must that immigration officer has to provide Form N-652 after n400 interview regardless of outcome?

I had an interview in NY office and my brain just frozen due to unexpected questions about my past marriage (through which I got green card), as that marriage was wreck, it took me 5 years to finally forget it and I couldn't answer simple questions to which I should have an answer. I passed... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Nov 25, 2021

Sounds like this is a good time to get an experienced immigration attorney. The scenario you have presented indicates that you may be charged with marriage fraud. If this occurs your naturalization will be denied and you may be referred to the immigration court for removal proceedings. You will be... Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: I been in the US green card legally for over 30 years I finally apply for citizenship over a year a go I applied for

Citizenship about a year and a half ago since I was arrested in nj, they need it to a document called notice of disposition from the municipal court of Jersey City this was during peak Covid time six months ago I now live in Suffolk LI I am disabled and on disability and could not go in person so... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Nov 15, 2021

As a response to the notice of intent to deny, advise the USCIS that you did not receive the RFE and request it be resent to you. If you moved and did not change your address it will be considered your fault and you may be required to refile.

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1 Answer | Asked in Immigration Law for New York on
Q: Path to Citizenship; what are the following steps needed to take?

EWI (2004) as a minor. Received NTA but didn’t show up to hearing. (NTA did not have address, date, or time of hearing. My parents claim that they never received any other NTA with relevant information). Given my no-show, I was most likely ordered removed in absentia. Fast forward 2013, received... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 9, 2021

There only legal recommendation I could suggest would be retaining a competent immigration counsel as you have done enough damage to your immigration matters acting without a licensed professional. If you disagree, do it yourself again.

2 Answers | Asked in Family Law and Immigration Law for New York on
Q: HEY MY MOM APPLIED FOR ME. SHE IS A US CITIZEN, I AM OUTSIDE THE US AND MY CASE WAS APPROVED SINCE THEN I AM WAITING

I AM 31 YEARS OLD. MY PRIORITY DATE 07/16/2016 AND USCIS APPROVED ON 04/29/2021. HOW LONG IT IS GOING TO TAKE TO NVC TO SEND A WELCOME LETTER ANDT TO SCHEDULE AN INTERVIEW

Kyndra L Mulder
Kyndra L Mulder answered on Nov 5, 2021

It depends on the country you are from. Check the Department of State Visa Bulletin.

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3 Answers | Asked in Immigration Law for New York on
Q: Can a green card holder apply for a green card for their spouse?

if i'm a green card holder and i want to marry someone who's staying here temporary (student visa) can i apply for a green card for my spouse, or only citizens can do that?

Thanks!

Matt Maniatis
Matt Maniatis answered on Nov 8, 2021

Yes. You can file a petition for your spouse, which is the first step in obtaining permanent residency. There will be a brief wait period after approval since you are not a U.S. citizen. If your spouse maintains lawful status in the United States during this entire time, then he or she may be... Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: Hi iam an us citizen want to petition for my wife but i have 2 kids who are minor do i have to file separate petition
Kyndra L Mulder
Kyndra L Mulder answered on Oct 30, 2021

Assuming you married and now have step children, yes you must file a separate petition for each person.

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2 Answers | Asked in Immigration Law for New York on
Q: Will this affect his mothers pending application?

I’m a US Citizen and I want to marry my boyfriend from DR to petition for him as an immediate relative. He tells me that his mom was petitioned by her sister who is an LPR a few years ago when he was still a minor and that he’s considered a “derivative beneficiary” under his mother. If I... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Oct 29, 2021

No. The pending petition filed on behalf of his mother will not be effected.

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3 Answers | Asked in Immigration Law for New York on
Q: Hi I haven’t provide the paystub of last six months with my i864 form rest all documents are perfect,is there problem
Kyndra L Mulder
Kyndra L Mulder answered on Oct 19, 2021

The reason to provide the paystubs is to show that you are still employed by the same employer. If you are not asked to produce them in an RFE, I suggest you bring most recent paystubs to your interview.

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2 Answers | Asked in Immigration Law for New York on
Q: I am an adopted adult. Am I able to apply for a green card for my birth mother?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 25, 2021

You are not eligible to sponsor her until you naturalize.

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1 Answer | Asked in Immigration Law for New York on
Q: I am on asylum. 5 years in USA. just got married with a green card holder. Can a switch my case? Thank you

I am under gay asylum. And in a gay marriage. Just heard it’s a new law that green card holder is the same as a citizen now. At least close. Could it be more fast and easy to get documents through my marriage?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 23, 2021

You heard wrong: whole your asylum case pending it does not confer status (unless you somehow maintained a student F-1 visa for that long, which is doubtful).

The fact that you are married to the LPR does not open up an immediate legal path to adjust to LPR as your spouse must naturalize...
Read more »

2 Answers | Asked in Immigration Law for New York on
Q: USCIS, I-485 Adjustment status is out of normal processing time, Pending security checks

I got my adjustment status pending,

Filed it July of 2018 in NY, then moved and changed an address to Florida in January of 2019,

now they say security checks pending..

Why is it that slow, I have no criminal records, never had one..

How to move it from a dead point?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 17, 2021

It is a typical situation as the personnel shortage, changing the address, pandemic case backups and other USCIS priorities create a definite delay for many applicants.

You may call the USCIS Customer Service number from your received correspondence, ask to speak with a live agent from...
Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: There will be any problem in my citizenship application if my spouse citizenship is denied for immigration mistakes?

Hi I want to apply for my citizenship. My spouse citizenship is denied for not submitting the RFE’s because her attorney told that not to submit. Because it can leads to her to removal proceeding. This situation will cause any problem in my citizenship application if I applied for citizenship .... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 12, 2021

This situation definitely may create a domino effect if your spousal’s situation is examined for possible immigration fraud.

I suggest consulting without any delay with an experienced immigration attorney.

There is no room for mistake here.

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3 Answers | Asked in Immigration Law for New York on
Q: Will a civil marriage in the country of Georgia be accepted in the United States as legal?

I am a resident of New York State who is currently living and working in the country of Qatar and I plan to marry my Filipino fiance in the country of Georgia in November and apply for a spousal visa to the United States afterwards. And I just wanted to make sure that a marriage in the country of... Read more »

Agnes Jury
Agnes Jury answered on Sep 7, 2021

In general, the legal validity of a marriage is determined by the law of the place where the marriage was celebrated (“place-of-celebration rule”). Under this rule, a marriage is valid for immigration purposes in cases where the marriage is valid under the law of the jurisdiction in which it is... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: How much does an attorney cost for filing an NIW and I-485 assuming all the documents are ready?

Hi, I have been working with a lawyer for my NIW and I-485. My case is ready to file and I have paid all his fees. But he is now saying that due to the huge caseload he cannot file my case for several weeks. Can you please suggest what should I do and how much does an attorney costs for just... Read more »

Agnes Jury
Agnes Jury answered on Sep 7, 2021

There is no "standard" fee for such work. The best way to find out cost is to call around attorneys who handle this type of work, explain the situation and ask for a "quote". However, you will likely have a hard time finding an attorney to "take over" the filing and be... Read more »

3 Answers | Asked in Immigration Law for New York on
Q: Can my wife apply for a green card if I do not have my own apartment?

Can my wife apply for a green card if I do not have my own apartment yet? I was residing outside of the US since I turned 18, and was living with my girlfriend, but now I am back in the US and live with my mom temporarily. Can my wife apply even though we do not have our own apartment in the US... Read more »

Agnes Jury
Agnes Jury answered on Aug 30, 2021

Having your own place to live is not a pre-requisite to filing for adjustment of status. It would be helpful to have your mom complete an Affidavit affirming that you are living with her and state other facts that give your mom no doubt that you are a "true" (vs. fake) marriage. I... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: I just sent i i30 (Family Sponsorship Form ) now I’m in process and awhile I’m waiting can I make form i485 ? Thanks
Kyndra L Mulder
Kyndra L Mulder answered on Aug 27, 2021

Whether you can file the I-485 now or should have filed it concurrently with the I-130 depends on the relationship between the petitioner and applicant.

You have the option of doing the research yourself at USCIS.gov. Read the eligibility requirements for the I-130 and I-485.

1 Answer | Asked in Immigration Law for New York on
Q: Am I going to receive EAD and Travel document even though If I dont response RFE till receive the deadline

I applied for abuse case over 6 months I haven't got anything yet I was asked for RFE 100 days ago my lawyer keep saying that we need to wait till deadline

Kyndra L Mulder
Kyndra L Mulder answered on Aug 18, 2021

It is NOT a good idea to wait for the deadline. Number one; you are delaying a decision. Number Two; you risk filing late if an unexpected disaster occurs.

If the RFE is for documents that are required for a Prima Facie decision then you will not receive an EAD until the RFE is responded to.

2 Answers | Asked in Immigration Law, Employment Law, Civil Rights and Employment Discrimination for New York on
Q: My job asked me to share my college transcripts & diplomas to submit to U.S. immigration to help a new hire get a visa.

I work in NYC, at will, salaried. My employer requested that I share my diploma and transcripts so that they can share them with immigration officials to help a new hire get a work visa. My employer did not indicate that the request was optional. Can they legally request that? Can they share my... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 26, 2021

The USCIS has gotten extremely obnoxious to employers for H1-b visa applications. The unrighteous restrictions placed upon lawful non-immigrant/immigrant employment visa applicants smothers the U.S. economy due to bigotry and ignorance. They used to allow 200,000 H1b visas in the 1990s, but it... Read more »

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1 Answer | Asked in Family Law, Immigration Law, Identity Theft and Social Security for New York on
Q: I seek assistance with sorting out identity issues (problems with birth certificate, social security due to name change)

I am assisting a young man (23yr old) who will graduate from college but who cannot proceed with things like drivers license, employment, etc, due to a troubled childhood situation in which his name was changed numerous times. The birth certificate (issued in New York City) has questionable... Read more »

Agnes Jury
Agnes Jury answered on Jul 19, 2021

This would be best handled by a civil litigation attorney as it sounds like it involves several name changes or may require one now. You may be able to get free help from legal aid clinics but if not you can always reach out to attorneys directly and ask if they would help for free. Best wishes!

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