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New York Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New York on
Q: How to obtain status on behalf of my mom?

I am over 21 years of age, my mom has applied for me in 2010 under the F2B form, and I will appreciate further assistance on this, as of this year, 2020, I am still waiting for the processing of such document.

Thank you,

Marina

Adan Vega
Adan Vega answered on Feb 20, 2020

If your mother has not obtained the approval of the FORM I-130 that was filed on your behalf then she must contact the USCIS 1-800 hotline to inquire about the status of the case.

If the relative petition was approved by USCIS and the case was forwarded to the National Visa Center then you...
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1 Answer | Asked in Criminal Law and Immigration Law for New York on
Q: How to come back to USA?

Hello,

Many years ago I fled USA while on bail with felony charges. I still have a valid us passport. After many years quietly living on another side of globe I was told that my felony case was disposed and all my property was given to my relatives and I’m dead to anyone. Thats why my... Read more »

Kevin L Dixler
Kevin L Dixler answered on Feb 16, 2020

The information above is vague, but you can no longer pretend if you want to return to the U.S. Hasn't your passport expired? Why was the felony case "disposed?" Did your family present a death certificate to your attorney, who presented it to the prosecutors? Did they present the certified... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: If someone is married and got their 2 year Visa which expires 8/24/2022 but got divorced before his Visa expires how so
Adan Vega
Adan Vega answered on Feb 12, 2020

If you are referring to a non-immigrant visa then the divorce nullifies the visa if such visa is dependent on a visa issued to a principal applicant.

If you are referring to a conditional resident status then the FORM I-751 can be filed after the divorce decree is issued.

1 Answer | Asked in Immigration Law for New York on
Q: If marriage was for status which is a two year green card holder that expires in 2021, and a party found someone else

Then gets divorced how soon will they be able to remarry

Leonard R. Boyer
Leonard R. Boyer answered on Feb 9, 2020

This is a question which is inappropriate to post on any social media platform, since it is monitored by all types of law enforcement. Your situation requires significantly more facts and only during an in person consultation is your information and situation protected by attorney client privilege.

1 Answer | Asked in Immigration Law for New York on
Q: So here is my issue, my husband has a visitor visa for the usa but he visited me back in August 2019 and just went back

So here is my issue, my husband has a visitor visa for the usa but he visited me back in August 2019 and just went back this January 2020 . We got married December 2019 didn’t have a honeymoon so we are trying to go on one in March my question is that will it be a problem with him entering the... Read more »

Amanda B Cook
Amanda B Cook answered on Feb 3, 2020

As long as he has a valid visitor's visa and follows the rules (you do not mention if he has ESTA or a B visa), and does not overstay or show any intent of overstay, it should not be too much of a problem. Especially if he has a history of entering and exiting on schedule.

HOWEVER - a word...
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1 Answer | Asked in Immigration Law for New York on
Q: I'm I able to petition for my wife for adjustment of status if the government takes care of me?

Hi, I'm a US Citizen and I would like to get married to my girlfriend, but I would like to know if it's possible for me petition for her to change her adjustment of status, but the government takes care of me because when I was younger I was diagnosed with hyperactive so I would like to know if... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jan 30, 2020

Yes but if you have insufficient income then you will need a joint financial sponsor.

1 Answer | Asked in Immigration Law for New York on
Q: How to answer?«Have you EVER given any U.S. Gvt officials any information or documentation that was false, .. »? on N400

I am applying for citizenship - during the green card process in 2013 I forgot to disclose a citation for littering (dating back from 2006) on the initial application form. I filed an amendment with a lawyer after realizing the overlook and provided proof that i paid the $75 fine in court and a... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

I would suggest you explain, on your N-400 application, that you didn't disclose that info on your I-485, and that you did file an amendment. Just be sure to DISCLOSE all the facts and you should be fine. Don't assume it wasn't important enough since it probably had nothing to do with your... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: So my stuff/ case was sent to my country to the visa center but im in the US and when I login it says Visa class IR5

Now what does that mean firstly plus I tried calling the number which they never ans an I wrote them a letter an sent it to them on 12/09/2019 am im yet to get a respond but I notice when I log on it's telling me I have to pay the fees now should I pay the fees now or wait till it goes back to the... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jan 27, 2020

The fees are for processing through the NVC. If yoiu are not processing through the NVC do not pay them. Notify the NVC that you are adjusting status inside the USA and file accordingly with the USCIS.

1 Answer | Asked in Immigration Law for New York on
Q: I cannot remember the date of marriage that I used(if any) on the paper I-130 i filed for my sister in Bangladesh

NVC is asking for the fees and complete Immigrant Visa Application. I paid fees and working on the application now and I have all the info BUT the marriage date I used for the original I-130 document 12 years ago, I cannot even remember if I put a marriage date down for her. Requested a FOIA... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

Doesn't your sister remember her date of marriage?

1 Answer | Asked in Immigration Law for New York on
Q: Is there any other way?

Hi, So i in few months i am going to marry a girl i have been dating for a while now...she is a US citizen, i have filed for divorce for my previous spouse once it gets approved i will right away marry this girl, i have a child from the previous marriage who is above 18 years old right now... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 16, 2020

This is strictly an Immigration issue not family law.

2 Answers | Asked in Immigration Law for New York on
Q: NOID 4 years ago and when I called the Immigration Courts nothing came up!

Got an NOID for my marriage-based green card application/adjustment of status about 4 years ago and when I called the automated Immigration Courts hotline (1-800-898-7180) with my USCIS #, nothing came up. What could’ve happened? Why would they leave it hanging for that long instead of forwarding... Read more »

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

You are clearly not in immigration proceedings at this time. You have not been issued a Notice to Appear. Your first step would be to check with USCIS to see what is going on.

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1 Answer | Asked in Immigration Law for New York on
Q: Can a principal applicant's derivative bring along their infant children (the grandchildren)?

Visas have been approved for both principal and derivative. Interview date given.

Hector E. Quiroga
Hector E. Quiroga answered on Jan 11, 2020

It depends on the type of petition, and the relationship between the principal beneficiary and the derivative. Your best option is to consult with an immigration attorney who can advise you based on your particular circumstances.

1 Answer | Asked in Immigration Law for New York on
Q: As a LPR who lived outside of the US for 10 years but moved back 3 months ago, am I at risk of green card abandonment?

- My situation: French green card holder (since the age of 8) who wants to file for spousal green card for fiancé/ future husband

- My fiancé’s situation: French on a J1

- My issues

-- I spent the last ~10 years out of the US, with brief travels back to the US every 6... Read more »

Laurel Deborah Scott
Laurel Deborah Scott answered on Jan 7, 2020

If they let you back in the US, you should be fine as long as you don't depart again for a while. And by "a while", I would recommend you not depart for AT LEAST a year, if not longer. In order for them to revoke your permanent residence WHILE YOU ARE IN THE US, they have to take you to... Read more »

3 Answers | Asked in Immigration Law for New York on
Q: I filed a form i-130 in Florida for my son while he was illegally in the usa and the i-130 got approved what do i do nex

The i-130 got approved for my son while he is in usa illegally and they send his case to the national visa center and we got a letter for us do from ds-260 and we did. And paided for it and we got a letter for him to do a interview in his country when they know he is in the usa why

Stephen Arnold Black
Stephen Arnold Black answered on Jan 6, 2020

Not enough information to form a response. Are you a US citizen? How old is your son? Explore these and other questions with an attorney.

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1 Answer | Asked in Immigration Law for New York on
Q: Can USCIS change my category if my father becomes a citizen ?

Hello,My father is a LPR who applied for citizenship some time ago and USCIS sent his interview letter which is set for February 4 next month. My question is that when my father applied for I-130 for me, I was under 21 years old and now I am 23 years old but I am covered by CSPA. My case has been... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 2, 2020

The fact is it shouldn’t matter. F2A petitions are current. You should be able to file the visa application now. Sounds like you might need to help of an immigration attorney to get this going.

1 Answer | Asked in Immigration Law for New York on
Q: Can USCIS hold an approved I-130 and not sent it to NVC because there is another I-130 pending ?

I have a sister whose I-130 application is still pending and in the last congressional inquiry we made for her case, USCIS said they are holding my approved I-130 from being sent to NVC because my sister case is pending and they want to send both cases together. Can they do that because my case is... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 2, 2020

USCIS is generally attentive to CSPA issues. There could be other factors involved, but without knowing who filed the petition on your behalf it is hard to say what those might be. If the petitioner is a USC parent, then then your age “froze” either when your petition was received by USCIS or... Read more »

3 Answers | Asked in Immigration Law for New York on
Q: Immigration Visa for Daughter Deported for Violating Student Visa

I am a US citizen (naturalized) but my daughter is not. She was in the US studying on a student visa. While on her student visa she went to Canada for a part time job and was denied entry back into the US for violating the condition of her visa. She was deported back to South America with a 5 year... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 30, 2019

There is no easy answer to this question. An in person consultation with an experienced immigration attorney is critical to finding a remedy, if at all possible.

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1 Answer | Asked in Immigration Law for New York on
Q: I have pending asylum case. I need to go back to my country to get my PHD diploma. What is the best way to solve it?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 25, 2019

There is no way to solve it. If you leave the U.S. for your home country, then your asylum will be deemed abandoned and your chances of ever returning to the U.S. will be seriously damaged. You can obtain a PhD. at a U.S. university.

1 Answer | Asked in Immigration Law for New York on
Q: I had obama care before marrying my us citizen husband, will my husband be sued from the us gov?

I recently got my EAD card through marriage, should I renewe my Obama care?

Leonard R. Boyer
Leonard R. Boyer answered on Dec 7, 2019

There is no reason that your husband would be sued. But you really need to to retain an experienced immigration attorney to represent you. 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... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Can a subsidize health insurance through the marketplace jeopardize LPR (green card) status?

Hi,

Myself and my family (wife and son) are lawful permanent residents.

We are considering applying for subsidized health insurance through the marketplace, we may qualify for a premium tax credit.

Assuming the new public charge rule will finalize during 2020, is there any... Read more »

Kevin L Dixler
Kevin L Dixler answered on Dec 4, 2019

You assume a bit. The courts have already issued an injunction to prevent these 'regulations' from going into effect. It is unclear whether the injunction will be lifted. The regulations are not laws, but they can be treated as law. As long as the injunction is in effect, the regulations are not... Read more »

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