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New York Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New York on
Q: I am married to a green card holder and he wants to submit my I130 first but I have overstayed my time should I go ahead

Or should I do the entire process

Leonard R. Boyer
Leonard R. Boyer answered on Jan 15, 2021

This situation is too complex and fact-specific for this forum. You are going to need to retain an experienced immigration attorney and have an in person consultation.

1 Answer | Asked in Immigration Law for New York on
Q: Can I travel with my Travel Document in these specific countries GREECE, SWEDEN, SPAIN, NORWAY, CANCUN?

I won my politic asylum case, while I'm waiting for my green card I just got my travel document, if someone can give me a concrete answer please let me know

Kyndra Mulder
Kyndra Mulder answered on Jan 13, 2021

It is up to those countries whether they will admit you. Have you checked their visa requirements?

1 Answer | Asked in Immigration Law for New York on
Q: My green card (through Asylum) shows residence since Feb 14, 2017. Can I apply for US citizenship after 4 years?

Does one year waiting as an asylee count towards US citizenship?

Kyndra Mulder
Kyndra Mulder answered on Jan 11, 2021

LPR status is retroactive one year from the date it is granted. You are eligible to file for Naturalization on Nov 14 2021provided you meet all other requirements.

2 Answers | Asked in Immigration Law for New York on
Q: Do I have to sponsor stepchild as well (I-864)? How risky is it to sponsor an MBA who works at a bank with an I-864?

My Chinese girlfriend is pregnant with our child. We are planning to marry. She wants me to sponsor her with an I-864 so she can stay and raise our child together. The issue is that she has a child from a prior marriage who lives in China. If I sponsor her with the I-864, do I have to sponsor... Read more »

Agnes Jury
Agnes Jury answered on Jan 7, 2021

If you are not bringing the stepchild to live in the USA then you are not petitioning for that stepchild and do not need to file an I-864 as well. As to the "risks" of sponsoring, you must read the explanation of the obligation you are making that is outlined in the form I-864 itself (pg.... Read more »

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3 Answers | Asked in Immigration Law for New York on
Q: What are my options?

I am Canadian citizen residing in NYS on a H-4 visa. I recently found out that I was aging out of my visa, as I am turning 21 years old this month. Is there a way for me to remain in the United States? I have looked into switching my H-4 visa to a F-1 visa. I have also looked into getting an... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jan 4, 2021

As you have stated; you have a number of options. Which option is the best option is largely up to you and your circumstances. Any of the options are time sensitive. I suggest you consult with an experienced immigration attorney to discuss the options.

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1 Answer | Asked in Divorce and Immigration Law for New York on
Q: Got my 10 year green card end of November 2020, if I get divorced now can it cause immigration issues?

I got my 10 year green card on November 28, 2020 and my spouse got physically violent earlier December for which he was arrested. He wants a divorce now. By law in NY the divorce would be no fault and cause would be irretrievably broken for 6 months(from August 2020 if divorce gets filed in January... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 30, 2020

If you have successfully removed your conditional residency and obtained your "10-year" green card, then any subsequent divorce will not effect your immigration status.

Now, your husband can say anything he likes to immigration to try in order to try and harm your status, but if...
Read more »

2 Answers | Asked in Divorce and Immigration Law for New York on
Q: I got my 10 year green card end of November 2020, if I get divorced now can it cause immigration issues?

I got my 10 year green card on November 28, 2020 and my spouse got physically violent earlier December for which he was arrested. He wants a divorce now. By law in NY the divorce would be no fault and cause would be irretrievably broken for 6 months(from August 2020 if divorce gets filed in January... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 29, 2020

This type of case requires you to retain one of the few attorneys who is experienced in both matrimonial and immigration law. By doing so you have (presuming your facts are accurate) both getting divorced and not having your green card revoked. During this pandemic, you have a choice of either... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: My parents are green card holders can they sponsor me a daca recipient.

My parents are green card holders can they sponsor me a daca recipient. We entered the us legally back in 1992,and overstayed. However my parents are now legal residents. Ive kept my daca status since it was created and have never left the us.

Adan Vega
Adan Vega answered on Dec 20, 2020

One of your lawful permanent resident parents can file the FORM I-130 (relative petition) on your behalf if you are unmarried.

As a DACA recipient you are not accumulating unlawful presence upon the issuance of DACA by USCIS. Depending on the age you obtained DACA, you may not have...
Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Green card and Citizenship

Hi .. i am greencard holder since December 2016 , I have trips outside USA some between 6 months to 1year but none more than 1 year to settle my things and quit the job in my original country , total time outside USA less than 30 months, I settled in USA since March 2019 and have no intention to... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Dec 11, 2020

Unless you have been married to and living with a U.S. Citizen spouse for the last three (3) years, it would be premature to file an application for naturalization, as it seems you may need to file under the "5-year" rule. Even then, if you have any trips outside the United States during... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: My husband wants to file the I130 but I have over stayed my time already would that be a problem? What docs do we need?
Stephen Arnold Black
Stephen Arnold Black answered on Dec 7, 2020

If you Enter the country Legally, and your husband is a US citizen, then he can sponsor you for a green card despite the overstay. Counsel anywhere in the United States can represent you from start to finish.

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1 Answer | Asked in Immigration Law for New York on
Q: I want to file the I130 but I have over stayed my time already would that be a problem? What all do I need to submit?
Adan Vega
Adan Vega answered on Dec 7, 2020

Certain relatives who are either U.S. citizens or residents can file the FORM I-130 on your behalf. You can not self petition.

The type of support documentation that is required to file the FORM I-130 depends on the type of petitioner. Who is your petitioner?

You can read the...
Read more »

4 Answers | Asked in Immigration Law for New York on
Q: What's the 1st step to getting a fiance to America

I have been dating my fiance for a while now. And we really want her and her 3 year old son to come to NY to live with me and my 3 year old daughter. What's the 1st step for someone like me who doesn't have a whole lot of money.

Robert Roy Klein
Robert Roy Klein answered on Nov 22, 2020

File an I-129F to get a fiancée visa, and among the documents to include, you must show an intention to marry within 90 days of her arriving in the US. You must then marry within the 90 days.

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1 Answer | Asked in Immigration Law for New York on
Q: Can me and my partner as LGBT persons apply and be represented for asylum in Florida.We entered USA few days ago in NYC

My name is Veljko, I am a 44 years old and HIV positive male originally from Serbia. I have been in a domestic partnership for four years with my fiance Sasha, since we don't have an option to legalize our relationship in our home country.

Back in 2004 I was persecuted for the first... Read more »

Adan Vega
Adan Vega answered on Oct 27, 2020

If you are seeking protection in the U.S. because you have suffered persecution or you fear that you will suffer persecution due to: race, religion, nationality, membership in a particular social group, or political opinion you may seek political asylum in the U.S. after you have entered the U.S.... Read more »

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...
Read more »

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...
Read more »

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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.

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