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New York Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New York on
Q: I am an Alien who is married to US Citizen can I apply for SSN and work permit or I have to wait for interview first?

how long does it take to obtain SSN ?

Adan Vega
Adan Vega answered on Oct 16, 2020

You will be able to apply and obtain a social security number after you acquire a employment authorization document (EAD) from USCIS.

In your case, you can apply for the EAD if you have entered the U. S. lawfully and you submit the appropriate applications and petitions with USCIS to...
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3 Answers | Asked in Criminal Law, Federal Crimes, Immigration Law and Wrongful Death for New York on
Q: Do I lose US citizenship after death?

Hello. I'm wanted in the USA. While I was on bond I managed to get out of the country because I was very scared of consequences(prison). In that foreign country I've bought a fake death certificate and mailed(under different name) it to US court that handles my case(very stupid idea).... Read more »

Victor M. Feraru
Victor M. Feraru answered on Oct 13, 2020

You’re going to want to hire an attorney now to negotiate several things. People make mistakes. Feel free to reach out to me (or any other Justia attorney who handles these matters to help you with your situation. My contact information is in my profile. Don’t just “face the music,”... Read more »

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2 Answers | Asked in Divorce, Family Law, Child Custody, Child Support and Immigration Law for New York on
Q: I have been married since 2015 and we have a child together—he is 5 years old.

Due to irremediable changes in the relationship, I recently canceled the spousal visa process I have been doing for him for 4 years now. Our immigration lawyer does not know what this means for his future now that his legalization process is no longer, but I need guidance navigating my situation... Read more »

Howard E. Knispel
Howard E. Knispel answered on Oct 4, 2020

You need to post this in the immigration forum, not the family law forum.

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1 Answer | Asked in Immigration Law for New York on
Q: I've approved i140 from my previous employer and my current employer is still in the PERM process...can I file i485 now

if I want to file i485 using my previous employer then what form is needed from them to file my i485 now ?

Adan Vega
Adan Vega answered on Sep 30, 2020

You will need to contact the prior petitioning employer and ask if the job position stated in the FORM I-140 is still available to you and whether that prior employer is willing to re-hire you. You also must be willing to return to render the appropriate services with that prior employer. Once you... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: I filed I130 for my husband on Nov 2019 .Its been a year yet not approved.What can i do about this?I am an LPR.

It’s in California service center.

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Sep 27, 2020

Hi there has been significant delays since the COVID-19 pandemic. Did you update your address online if you moved?

If your case is outside the proceesing time, you have several options. You could contact USCIS by phone to ask about the status or make a case inquiry online.

If you...
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2 Answers | Asked in Immigration Law for New York on
Q: For marriage green card/adjustment status, do I need I-944? I entered as F1visa and married wit’s US Citizen.
Stephen Arnold Black
Stephen Arnold Black answered on Sep 25, 2020

Yes just two weeks ago on September 11, 2020 the federal court lifted the injunction that was in place because of Covid and therefore all people that are filing their applications after February 24, 2020 must file the 944 form.

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1 Answer | Asked in Immigration Law for New York on
Q: Hello! in what form and where should I send a statement about a witness who is ready to testify in court.

Deportation case (immigration case)

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

Prior to the individual hearing you or your attorney is required to file a pre hearing statement where in you list your witnesses.

1 Answer | Asked in Immigration Law for New York on
Q: Can i go back to my home country with an expired visa?

So my J1 visa expired months ago and i applied for a tourist visa so i could stay here longer while waiting for flights. Will it go against me like will i have a hard time coming back to America if i go home without waiting for the results of the tourist visa?

Hector E. Quiroga
Hector E. Quiroga answered on Sep 17, 2020

It shouldn’t. Probably best to withdraw the application and give an explanation as to why.

1 Answer | Asked in Immigration Law for New York on
Q: Can a Guatemalan father in NY send his homesick daughter back to Guatemala, but he stays in US and awaits court date?

Guatemalan father and daughter presented themselves at border about 1 year ago, were released after a week, and are staying with relatives in NY while they await their court date. The daughter is very homesick. Can he send her back to Guatemala somehow and then continue doing odd jobs while... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 14, 2020

Yes, but it is best to work through the court for that to avoid any negative impact on later attempts to come to the US.

2 Answers | Asked in Immigration Law and Tax Law for New York on
Q: Am I eligible for fee waiver on N400 Naturalization Applicaiton?

My AGI on my tax return is $31,258 on my 2019 tax return for a family of 4. I believe this falls under the $39,300 poverty guideline for my family size.

I work for a church and receive a housing allowance of the same amount which is not taxable and therefore not included in my AGI.... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 11, 2020

Probably not. You need to disclose the housing allowance on the application for a waiver.

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3 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for New York on
Q: Can a traffic related misdemeanor effect my US citizenship application process? I have green card & take final test soon

I’m a green card holder and have my final citizenship interview this month. The misdemeanor was from driving with an expired drivers license and getting rear ended (I’m not at fault for accident), but the officer said if I can renew my license before my court date, it should be able to be... Read more »

Victor M. Feraru
Victor M. Feraru answered on Sep 7, 2020

There's no way of telling whether or not the misdemeanor will effect your immigration status without more details. Also, as far as renewing your license, it's rather straightforward now (make an appointment, or do it online). Consult with a law office who will try to get the ticket... Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: Hi . My boyfriend came to USA crossing the border . But since I m a USA citizen we will get married so.

Hi . My boyfriend came to USA crossing the border . But since I m a USA citizen we will get married so he can get his green card license. But I'm scared about my family knowing I want to keep it a secret until the right time .will all the documents come in my address is there a way I can put... Read more »

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Aug 30, 2020

Hey, contact an Immigration Attorney before you file to ensure that your boyfriend can prove lawful admission. Lawful admission is required for adjustment of status to greencard holder. Otherwise, the applicant needs to return to his country and file through consulate process.

Address:...
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1 Answer | Asked in Immigration Law for New York on
Q: Re-Entry Permit. Work abroad for 16 months as purpose of trip?

M

Hector E. Quiroga
Hector E. Quiroga answered on Aug 26, 2020

First, do not attempt to deceive immigration officials. That will be a sure way to either get the application denied or your green card taken away.

When you make your application, make sure that you show that you have connections to the US—family, a home, assets—anything to show that...
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2 Answers | Asked in Immigration Law for New York on
Q: How can a person obtain a visa or tps or a green card if they came to the united states illegally? They are a minor.

They came here from Italy this year and now they live here with relatives that were born here.

Kevin L Dixler
Kevin L Dixler answered on Aug 24, 2020

More information is needed. How old are you? If a person comes to the U.S. on their valid visa, then this is different, although the person ‘may’ be deported without a hearing.

The person who acts as your guardian should seek legal assistance from a competent and experienced...
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2 Answers | Asked in Immigration Law for New York on
Q: Physical presence count for filing N400

Hello!

I have my green card since 03/25/2015. I have 30 months (913 days) of physical presence over the past 5 and a half years but not over the immediate 5 years from today’s date backwards. Does this disqualify me for filing?

Immihelp’s eligibility calculator counts all the... Read more »

Adan Vega
Adan Vega answered on Aug 21, 2020

The Physical Presence rule for applying for naturalization requires that applicants show that they were:

Physically present in the U.S. for thirty months within the five year period before applying ( Note: the rule is different if you have been married to a U.S. citizen for the past 3...
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1 Answer | Asked in Immigration Law for New York on
Q: Hello, I’m an American citizen and my girlfriend is a Canadian citizen.

My Canadian girlfriend was able to fly into the US amidst the border closure. We are unsure of when it will be that the border opens again and she has been here two months as we’re trying to spend as much time together as possible during these troubling times. We recently decided to look into... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Aug 13, 2020

By using your rights as a Canadian for quick entry, you are telling U.S. immigration officials that your intention in the U.S. is to be a tourist, and to leave, typically within 90 days; though the maximum is six months. That's true even if you get waved through without an interview by an... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: I am an international student on an L-2 visa. Can I sell my things online on this visa?

From my understanding, I am not allowed to work at all with this L-2 visa. I wanted to sell some of my things online on websites such as Etsy or Depop (handmade earrings, clothes, etc.), for some passive income. Would I be allowed to sell these things and make money that way? Or does that still go... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 13, 2020

Your question should be addressed by an immigration lawyer.

2 Answers | Asked in Bankruptcy, Immigration Law, Real Estate Law and Workers' Compensation for New York on
Q: What made you become a lawyer? What do you wish you knew at my age (15)? How do I become a lawyer? Any pros and Cons?

I am doing an interview for a summer program and would like true answers if possible.

Tim Akpinar
Tim Akpinar answered on Aug 13, 2020

You are very young now, but it is good that you set your goals so early. When you get to college, concentrate on keeping good grades and when you get to that point, you could look into an exam called the LSAT. For now, you can read about the profession and try to learn as much as you can. Learn... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for New York on
Q: Can a children ( minor ) who came in 2013 with their parent to u.s and did not present to court faced the same charges

Can they now fix the immigration statues? Now that they are 18 ?

Kevin L Dixler
Kevin L Dixler answered on Aug 9, 2020

More information is needed. The facts are unclear, but you suggest that there is a final order of removal/deportation. This significantly complicates matters.

There are risks. Did you just turn18 years old? What, if any, form of relief is available? A series of other facts still remain...
Read more »

1 Answer | Asked in Immigration Law for New York on
Q: I want to know if someone can file the green card application with an expired passport and expired visa on it?

I remind you that this request is through marriage and my embassy take a long time to renew passport due to COVID-19.

Aman U. Khan
Aman U. Khan answered on Aug 8, 2020

If you're obtaining your green card through consular processing, it is required that you have a valid passport. To obtain a green card, the foreign national is required to enter the Untied States, so with an expired passport, you will not be issued a visa to enter the U.S.

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