New York Immigration Law Questions & Answers

Q: I received a combo card ( EAD and AP ) with a misspelled last letter of my last name on it.

1 Answer | Asked in Immigration Law for New York on
Answered on Mar 17, 2019
Kelli Y Allen's answer
You need to have the card correctly. Whether an employer will accept a copy depends on the particular employer. If you can, get the job while you have the original documents to show, then keep a copy and send the EAD back with the application to correct the name. Once you have the new card, use that to get a new SS card.

Q: I am permanent resident my card expired in December 2018 i have not had renewed yet i am thinking about having divorce

2 Answers | Asked in Immigration Law for New York on
Answered on Feb 28, 2019
Kelli Y Allen's answer
Your question is unclear. You say that you are a permanent resident but want to know if you can get your green card. You either need to renew or remove the conditions, whichever is applicable to your case. Divorce is relevant only if it's a removal of conditions. Contact an immigration attorney for assistance.

Q: I get charge of petty larceny for $200 I'm in the process for adjust of status for the green card this will affect me?

2 Answers | Asked in Criminal Law and Immigration Law for New York on
Answered on Feb 24, 2019
Kelli Y Allen's answer
It's likely that this would fall under the petty offense section, but you need to consult with an immigration attorney for a full review of your case. If at all possible, this charge needs to be resolved prior to your interview. USCIS will not approve an application with a pending criminal charge

Q: Does a petty larceny will affect me for the rest of my life?

1 Answer | Asked in Criminal Law, Employment Law and Immigration Law for New York on
Answered on Feb 22, 2019
Kristen Epifania's answer
In New York, petit larceny is a misdemeanor that carries a sentence up to one year in jail. If convicted, you will have a semi-permanent criminal record. A petit larceny conviction will, at the very least, remain on your record for ten years, when you will then be able to apply for a sealing if you meet the eligibility requirements. Keep in mind that just because you are arrested for petit larceny, it does not mean that you will be convicted.

Q: Hi! I have a question about I-485 form application.

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 21, 2019
Deron Edward Smallcomb's answer
If you filed your asylum petition before the expiration date, they generally do not consider the time afterwards as unlawful presence. If you filed after the six months, then you did violate the terms. Either way, you're giving what you believe is an honest answer to the question and it should not result in a denial regardless. This answer was provided with what little information was given and should not be considered legal advice. If you would like legal advice, you should contact an...

Q: As a legal resident for 20 years, can I visit my home country for 2 weeks and be deported when I come back?

3 Answers | Asked in Immigration Law for New York on
Answered on Feb 20, 2019
Leonard R. Boyer's answer
There is an insufficient factual basis to determine that. It you were given asylum, the answer is no you cannot visit your home country.

Q: I'm a Canadian citizen applying for an IT Security Awareness Training position. What type of work visa would I need?

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 19, 2019
Hector E. Quiroga's answer
Depending on the circumstances, there could be other options. Do you want to immigrate to the US or do you want to work there temporarily? Your best bet, or that of any potential employer, would be to consult with an immigration attorney.

Q: I am US asylee , have approved travel documents, do I still need to apply visa to go Canada ?

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 18, 2019
Kyndra Mulder's answer
Unless your country of origin for which you remain a citizen and have a passport has privileges to enter Canada without a visa then yes you need a visa to enter Canada.

Q: Do I need to submit a copy of approval notice of I-130 to USCIS?

2 Answers | Asked in Immigration Law for New York on
Answered on Feb 16, 2019
Leonard R. Boyer's answer
You need to retain an experienced immigration law firm, to represent you in this matter. The immigration laws are constantly changing and there are so many factors to consider, beyond what you would believe.

Mistakes cannot always be fixed. 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 consequences and even prevent you from obtaining immigration benefits. You need to retain an...

Q: Is there any way for an undocumented immigrant ( 18 years old ) can immigrate to another country and be legal ?

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 15, 2019
Kyndra Mulder's answer
You will need to research the requirements for the other country.

Q: Hi! My employer want to sponsor me

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 13, 2019
Kyndra Mulder's answer
Pending asylum is not a legal status from which you may adjust inside the USA unless it is through an immediate relative who is a USC.

Q: Whats my status when I have applied for my I485 and am waiting for my green card.

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 13, 2019
Kyndra Mulder's answer
I don't know your current status. Do you have a valid visa, an expired visa.... Most likely your status is EXPIRED and/or PENDING. If you have ever used medicaid your adjustment may be denied until you pay the medical bills. You are not entitled to food stamps. This is why, when applying to adjust status you must have a financial sponsor.

Q: I'm a Canadian, marrying US boyfriend that is incarcerated. Can he sponsor me while incarcerated, with cosponsors?

3 Answers | Asked in Immigration Law for New York on
Answered on Feb 11, 2019
Kelli Y Allen's answer
If you can navigate the practical issues of getting him to sign immigration petitions and can get his documents (birth certificate, judgments, etc.), there is no statutory prohibition against someone in jail filing an immigration petition. As you mention, you would need a joint sponsor.

Q: Hi there I have been living in queens N.Y over 17 years but paying my taxes and I have 2 children ( American citizens )

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 9, 2019
Leonard R. Boyer's answer
Your question requires a fact sensitive review by an experienced immigration attorney in a personal consultation which is beyond the scope of this forum. 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 consequences and even prevent you from obtaining immigration benefits. You need to retain an experienced immigration attorney for any immigration matter or you may throw away your future. Do not...

Q: Immigration question. Green card.

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 8, 2019
Kyndra Mulder's answer
Yes. Permanent resident means just that. Spending a few weeks in the USA and living in Switzerland does not make you an LPR of the USA. Your status may be revoked. There is a commuter status available if you qualify.

Q: What should I put on the I29 form for the k1 visa on beneficiary physical address in the last 5 years?

2 Answers | Asked in Immigration Law for New York on
Answered on Feb 6, 2019
Kelli Y Allen's answer
She should list every address at which she has lived at any point during the last five years; inside or outside the U.S. You should really consider hiring an immigration attorney to handle this process for you.

Q: my wife & I are separated.i have a. citizenship interview. I filed after 5 years of obtaining my green card. Any advice.

3 Answers | Asked in Immigration Law for New York on
Answered on Feb 5, 2019
Deron Edward Smallcomb's answer
As you filed after 5 years, your citizenship petition is no longer based on marriage to your US Citizen spouse. I always advise my clients to be truthful when answering questions, and I'm sure any experienced immigration attorney would advise you the same. Good luck!

Q: Hi, question I was arrested in 2005 charged in 2006 with felony, I was not told about immigration reprocations, help

1 Answer | Asked in Criminal Law and Immigration Law for New York on
Answered on Feb 5, 2019
Kelli Y Allen's answer
Contact a criminal defense attorney and ask if a Padilla motion may be an option. That's a case that sometimes allows a criminal conviction to be reopened and readjudicated when the defendant was not advised on the immigration consequences of the plea.

Q: HI, I would like to apply to the visa O next year. Do I need a "sponsor"?

2 Answers | Asked in Immigration Law for New York on
Answered on Feb 4, 2019
Kelli Y Allen's answer
Generally, yes. the potential employer would be petitioning on your behalf. You would need to consult an immigration attorney for a full analysis of your situation to see if an O-visa is an option.

Q: Change of status from J1 to H1B with 212E Waiver?

2 Answers | Asked in Immigration Law for New York on
Answered on Feb 1, 2019
Kelli Y Allen's answer
No, I would not anticipate that being an issue.

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