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New York Immigration Law Questions & Answers

2 Answers | Asked in Immigration Law for New York on

Q: Hey there My question is how can find the best price and best immigration lawyer help me for affiliate of support? Thx

I am a sponsor my brother from China. Now I got GUZ number. Just looking for the experience immigration lawyer who can help me ?

Leonard R. Boyer answered on May 19, 2019

Immigration is far more complex that just filling out forms. Choosing an attorney based solely on price is a recipe for disaster. You need an immigration attorney to represent your brother. If you do not realize that this is something far beyond the capabilities of a non-attorney, then you are in... Read more »

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1 Answer | Asked in Immigration Law for New York on

Q: Can I travel with Uscis Advance Parole travel document abroad?

I got married to my wife (she's a US citizen) few months ago and I have applied for a Travel Document which will be coming sometime next month. Because of back log the green card interviews are now taking longer, our interview will be sometime late this year or early 2020.

My question is,... Read more »

Kelli Y Allen answered on May 18, 2019

Even with advance parole, there is no guarantee of admission. The safest course of action is to remain in the U.S.

1 Answer | Asked in Immigration Law for New York on

Q: Hello. How can I ask for my I 485 to be joint to my I 130? What are some reason that can be done

I file I 130 for my wife but didn’t no I could send both I 485 and I 130. I keep reading that it’s possible I can ask for the I 485 to be joint to the I 130 it’s that possible? Please give me some details

Sheri A Benchetrit answered on May 13, 2019

If you are a US Citizen, then you can sponsor your wife and file both the I 130 and the I 485 at the same time. If you did not do this, then an I 485 can be filed after the I 130 as long as you include a copy of the I 130 Receipt notice and a cover letter with an explanation.

In order to...
Read more »

1 Answer | Asked in Immigration Law for New York on

Q: Do I qualify for citizenship if we moved in with my American stepdad when I was 16, but they married when I was 19?

My stepdad is from NY state and thinks that I don’t qualify for American citizenship through him, but he wants me to ask a professional. In 1997 my Canadian mother married my stepdad and then she passed away in 1999. I know in some states, like California, your stepparent can adopt you as an... Read more »

Sheri A Benchetrit answered on May 6, 2019

Your question is more complex than you might think. First, you do not generally derive citizenship from a step parent. The step parent can sponsor you for a green card, but you would have to file for your citizenship on your own. Next, the step parent/child relationship must be formed before the... Read more »

2 Answers | Asked in Immigration Law for New York on

Q: Do I have chances to get deported if ask for asylum with a tourist visa?

I came a month and a half ago to the USA with my tourist visa, I’m planning on asking for asylum, if it deny do I have the risk of getting deported right away?

Leonard R. Boyer answered on May 5, 2019

You should not do anything until you retain an experienced immigration attorney. Immigration law is extremely complex and if you make a mistake you could lose everything. Having a tourist visa and trying to seek asylum is unlikely to be realistic. An experienced immigration attorney can determine... Read more »

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2 Answers | Asked in Immigration Law for New York on

Q: I am a permanent Resident of the USA. Am I allowed to write a letter of recommendation for a person who is detained

This person is scheduled to be ordained as a Priest this upcoming 4/27. He was at a Citizenship hearing but forgot a required paper . He was not allowed to leave to obtain the missing document and was detained by ICE. My Church is trying to help and has asked to right recommendation letters. Can I... Read more »

Kevin L Dixler answered on Apr 22, 2019

More information is needed. This sounds a bit more complicated than failing to bring in a document. Usually, people are taken into custody because they are deportable or were ordered deported. It is unclear whether the letter will be of much help. If the person is represented by a competent and... Read more »

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1 Answer | Asked in Immigration Law for New York on

Q: Can my father sponsor me with his green card?

My father just received his green card. I'm 23 years old and I'm living in the U.S. with no status (my visa expired long ago). Right now we're just waiting until he earns his citizenship, so that he could sponsor me. But I'm wondering if there is any other way to speed up the process? I saw online... Read more »

Kevin L Dixler answered on Apr 15, 2019

It is unlikely that you can adjust status to a lawful permanent resident. You are not considered an immediate relative for immigration purposes. However, more facts are needed. I strongly recommend an appointment with a competent and experienced immigration attorney, who can learn more details... Read more »

1 Answer | Asked in Immigration Law for New York on

Q: My mom attained citizenship when I was 17 years of age ( 1999). I am now 37- Do I need to apply to become a citizen?

I just started my citizen application and was going through my now diseased mother's naturalization certificate, to confirm when she had attained citizenship, and discovered that she had become a naturalized citizen when I was 17 years of age. Does this affect my process of attaining citizenship...... Read more »

Deron Edward Smallcomb answered on Apr 5, 2019

Yes, this does potentially affect your citizenship rights, in a positive way. You should consult with an experienced immigration attorney to ensure your application is done properly so you don't waste time or money doing the wrong petition or filing it incorrectly.

1 Answer | Asked in Immigration Law for New York on

Q: To file a motion of ineffective counsel to a lawyer barred in NH do we need a lawyer barred in NH as well to file

It was for an asylum case

Leonard R. Boyer answered on Apr 2, 2019

The purpose of filing a motion in Immigration Court, citing "ineffective assistance of counsel" is done as part of a basis for seeking relief from the effects of the prior attorney. Immigration is truly federal law, so an attorney in any of the 50 states can handle your case. I am not offering an... Read more »

1 Answer | Asked in Immigration Law for New York on

Q: I apply base on working permit that i have, as i come here with work permit. I hold work permit and i have been here for

2 years, and left 1 year more. What do you think sir? Can i get refuse? As i said in earlier msg that i hold some licenses and social security and insurance. I earn income well, only i don’t graduate until high school because i helped my parents that time. Will it matter to get greencard? As... Read more »

Leonard R. Boyer answered on Mar 21, 2019

Your statement is too vague to provide you with a meaningful answer. You really need to retain an experienced immigration attorney and bring all your documents into the initial consultation. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out... Read more »

1 Answer | Asked in Immigration Law for New York on

Q: I’m jack i’m 30 years old single, ihave been in USA since 2017, next year i will apply for my greencard for first time.

I am here with work permit, i have a few driving licenses, medical and social security. I have good work here. But the matter is i don’t graduate from school from my homecountry(India). I only finished until 8th class and I have to help my parents since i was 16 and I stopped to study so i have... Read more »

Deron Edward Smallcomb answered on Mar 21, 2019

Under what basis are you filing for the Green Card? You should contact an experienced immigration lawyer to discuss.

1 Answer | Asked in Immigration Law for New York on

Q: Hi , I am on a O1-A Visa valid till October 2019. If I quit my current job how long can I stay legally in the US?

I do not intend to get another job immediately but can I legally stay here until Oct 2019?

Deron Edward Smallcomb answered on Mar 20, 2019

If you are no longer employed by your sponsor, you should probably leave the country, however I cannot say for sure without knowing further details. You should contact an experienced immigration attorney for assistance.

1 Answer | Asked in Immigration Law for New York on

Q: My green card expired 15 years ago. Can I still renew it

Deron Edward Smallcomb answered on Mar 20, 2019

Perhaps. You should contact an experienced immigration attorney with more details about your case.

1 Answer | Asked in Immigration Law for New York on

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

Hello!

As the title said, I received a combo card with a typo.

The last name on my EAD card is misspelled by one letter.

The mistake was mine, as I did not notice that on the I765 form, neither on NOA1 or NOA2, since all other boxes and forms were filled out correctly.... Read more »

Kelli Y Allen answered on Mar 17, 2019

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... Read more »

2 Answers | Asked in Immigration Law for New York on

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

Will i be kicked from the united states if go through with a divorce i have been here 4 years and married three years,can i still apply for green after divorced?

Kelli Y Allen answered on Feb 28, 2019

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... Read more »

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2 Answers | Asked in Criminal Law and Immigration Law for New York on

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?

I didn't have my court appearance yet and this is my first time I never have an issue with the police before

Kelli Y Allen answered on Feb 24, 2019

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

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1 Answer | Asked in Criminal Law, Employment Law and Immigration Law for New York on

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

Kristen Epifania answered on Feb 22, 2019

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... Read more »

1 Answer | Asked in Immigration Law for New York on

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

I’m granted asylum (I-589) and right now filling out the I-485 for status adjustment. In Part 8 of the I-485 there is a question: “Have you EVER violated the terms or conditions of your nonimmigrant status?” And I’m not sure if I did or did not.

I entered USA on B-1 visa with... Read more »

Deron Edward Smallcomb answered on Feb 21, 2019

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... Read more »

3 Answers | Asked in Immigration Law for New York on

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

Leonard R. Boyer answered on Feb 20, 2019

There is an insufficient factual basis to determine that. It you were given asylum, the answer is no you cannot visit your home country.

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1 Answer | Asked in Immigration Law for New York on

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

The only IT related job title I see for the TN visa is Computer Systems Analyst.

Hector E. Quiroga answered on Feb 19, 2019

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.

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