Lawyers, Answer Questions  & Get Points Log In
New York Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New York on
Q: Can my asylum case be denied if I apply for unemployment?

My hearing is next year. I recently lost my job due to COVID-19 so I have no source of income.

Hector E. Quiroga
Hector E. Quiroga answered on Apr 1, 2020

Not if you are otherwise eligible for unemployment benefits, no. Even when you apply for a green card based on asylum, you won’t be subject to public charge considerations because those types of applications are exempt.

2 Answers | Asked in Immigration Law for New York on
Q: Pending asylum, travel outside the country - emergency!

I have an question from New York City. I am waiting for an asylum interview almost one year. So Far Was not schedule. it It is for one year already. I came with an F1 visa. I requested asylum when my visa was still okay. I want to go to Mexico, because of the CoronaVirus, I have the option to be... Read more »

Amanda B Cook
Amanda B Cook answered on Mar 27, 2020

No one really knows right now what is going to happen to people in your situation. But in my humble opinion, if you go to Mexico, you will likely have to stay there until at least we have a new administration in the White House.

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: Would they deny my IR1 visa or no? My wife is us citizen but she is facing two years of jail , we are at nvc stage

i live outside the usa

Stephen Arnold Black
Stephen Arnold Black answered on Mar 21, 2020

That should not be an obstacle.

1 Answer | Asked in Immigration Law for New York on
Q: Will entering US on VWP affect my visa application?

I have a change of status approval to R-1 and left the US for my interview. I was recalled to the US, but can only enter using the VWP. Will entering on a 90-day VWP overrule my previous status? I had residence granted until the end of this year and am worried that I will now lose this. Will it... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Mar 16, 2020

If you have R-1 nonimmigrant status, then you cannot enter on the visa waiver program. You must enter based on the reason for your travel to the US, and the visa waiver program is for tourism only. If you had a petition for R-1 status approved and you went to obtain an R-1 visa overseas, you must... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Came with tour visa to the USA then applied for asylum then close close and back again to USA. Will this be possible?
Leonard R. Boyer
Leonard R. Boyer answered on Mar 13, 2020

While not much of your question makes sense, it is very obvious that you need experienced legal counsel.

More specific information and an in person consultation and document review are critical to obtaining enough information to provide you with meaningful advice. Immigration is an...
Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Should I visit my wife before her consular interview?

So, me and my wife get married on March 2018 outside U.S. She lives in Pakistan. After me coming back to U.S I filed for her petition but case got stuck for all these months. But, she has few months before interview. My question is I didnt visit her since 2018. Does during interview will they ask... Read more »

Svetlana Kats
Svetlana Kats answered on Mar 3, 2020

Hi there, Generally you are not required to appear at the interview with your wife. However, be prepared to present documents showing your ongoing communication during the time when you lived separately ( copies of the Skype, phone, social media communication, etc. )- help your wife to collect all... Read more »

1 Answer | Asked in Divorce and Immigration Law for New York on
Q: Getting a divorce while waiting for my spouse 10 year green card??

I am married to my spouse for 3 years now and she currently has her 2 year green card. Our relationship has gone south and I want to file for a divorce. We have been living seperately for a year so am I able to file a divorce by myself? If I do file a divorce, what happens to her 10 year green... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 2, 2020

In regard to the divorce, you can file but keep in mind she must be served with the divorce papers. As to the immigration issue you would need to speak to an immigration attorney.

2 Answers | Asked in Immigration Law for New York on
Q: Can I get married the 1st time meeting my fiance and apply for for him to come to the state
Stephen Arnold Black
Stephen Arnold Black answered on Mar 1, 2020

If you marry your fiancé after meeting first time overseas, then you can’t apply for a fiancé visa. Fiancé visas are available for a future spouse. You would have to sponsor your new spouse for a spousal visa and have her or him process at the overseas consulate.

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: My green card has my husband's last name. Is that my legal name or my maiden name in my marriage and birth certificates?

Hello,

I am a green card holder and the wife of a US citizen. The name on my green card and my SS card is my husband's last name. He used his last name for me when he applied for my green card, because he thought that women here in US take their spouses last name. However we did not do any... Read more »

Adan Vega
Adan Vega answered on Feb 27, 2020

You can submit the FORM N-400 and indicate the name as stated in your resident card in the application. You can also reference your maiden name in the section requesting “other names you have used” in Part 2 #3 of the form.

1 Answer | Asked in Immigration Law for New York on
Q: We have a B1/B2 visa. Can CBP officer deny us entry to the US on the grounds of change of intention?

My boyfriend and I been issued a B1/B2 visa.

Details on the visa sticker:

Visa Type/ Class: R, B1/B2

Entries: M

The stated intention on the D-160 form was for a tourist visit to New York. I haven’t travelled to the US yet.

Recently, I changed my mind. I'm... Read more »

Adan Vega
Adan Vega answered on Feb 26, 2020

The B-1/B-2 non- immigrant visa is issued to an applicant for tourism and business purposes. A planned visit to the U.S. , as you have mentioned in your fact scenario, for the purpose of bearing a child is problematic and is an improper use of the B-1 B-2 visa.

The CBP officer at the U.S....
Read more »

2 Answers | Asked in Immigration Law for New York on
Q: In Process Your benefit request has been accepted and is under review- that was the update when I tracked it on uscis

I am not a citizen, I have a CR1 visa

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 26, 2020

What is your question exactly? You can always contact an immigration lawyer directly for a consultation regarding this matter.

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: I797c for was give for biometric, her lawyers said it's for deportation proceedings, and she's is worried. What to do?
Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 26, 2020

More information is required to answer this question. You should contact an experienced immigration lawyer and provide this documentation for an accurate answer.

1 Answer | Asked in Immigration Law for New York on
Q: I797c for was give for biometric, her lawyers said it's for deportation proceedings, and she's is worried. What to do?
Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 26, 2020

More information is required to answer this question. You should contact an experienced immigration lawyer and provide this documentation for an accurate answer.

1 Answer | Asked in Immigration Law for New York on
Q: My friend had gotten a notice to do my biometric, i797c notice....what does this mean.
Amanda B Cook
Amanda B Cook answered on Feb 25, 2020

It means your friend needs to go show up to the appointment time and place on the letter and get his/her fingerprints taken. Don't miss it! This is how USCIS/DHS runs background checks.

1 Answer | Asked in Immigration Law for New York on
Q: I have the same update on my son I-130 application In Process Your benefit request has been accepted and is under review

I have a CR1 visa and my son was on my form when I filled the form, (derivative)

Adan Vega
Adan Vega answered on Feb 25, 2020

You will need to provide more information and the question that you want to ask.

2 Answers | Asked in Family Law and Immigration Law for New York on
Q: My green card has my husband's last name. Is that my legal name or my maiden name in my marriage and birth certificates?

Hello,

I am a green card holder and the wife of a US citizen. The name on my green card and my SS card is my husband's last name. He used his last name for me when he applied for my green card, because he thought that women here in US take their spouses last name. However we did not do any... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 23, 2020

This is an immigration law question not family law

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: Can my step-dad cosponsor my wife for green card if he recently divorced my mom?

I want to sponsor my wife for a green card. Because I’m self-employed abroad and have claimed Foreign Earned Income Tax Exclusion, I want to have a co-sponsor so there’s no problems with my application.

However, My “father” I’ve known all my life is my step-father. And he and my... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Feb 23, 2020

Yes your step dad can act as a joint sponsor if he is a US citizen or has a green card and makes sufficient income.

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...
Read more »

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.