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New York Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for New York on
Q: There will be any problem in my citizenship application if my spouse citizenship is denied for immigration mistakes?

Hi I want to apply for my citizenship. My spouse citizenship is denied for not submitting the RFE’s because her attorney told that not to submit. Because it can leads to her to removal proceeding. This situation will cause any problem in my citizenship application if I applied for citizenship .... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 12, 2021

This situation definitely may create a domino effect if your spousal’s situation is examined for possible immigration fraud.

I suggest consulting without any delay with an experienced immigration attorney.

There is no room for mistake here.

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3 Answers | Asked in Immigration Law for New York on
Q: Will a civil marriage in the country of Georgia be accepted in the United States as legal?

I am a resident of New York State who is currently living and working in the country of Qatar and I plan to marry my Filipino fiance in the country of Georgia in November and apply for a spousal visa to the United States afterwards. And I just wanted to make sure that a marriage in the country of... Read more »

Agnes Jury
Agnes Jury answered on Sep 7, 2021

In general, the legal validity of a marriage is determined by the law of the place where the marriage was celebrated (“place-of-celebration rule”). Under this rule, a marriage is valid for immigration purposes in cases where the marriage is valid under the law of the jurisdiction in which it is... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: How much does an attorney cost for filing an NIW and I-485 assuming all the documents are ready?

Hi, I have been working with a lawyer for my NIW and I-485. My case is ready to file and I have paid all his fees. But he is now saying that due to the huge caseload he cannot file my case for several weeks. Can you please suggest what should I do and how much does an attorney costs for just... Read more »

Agnes Jury
Agnes Jury answered on Sep 7, 2021

There is no "standard" fee for such work. The best way to find out cost is to call around attorneys who handle this type of work, explain the situation and ask for a "quote". However, you will likely have a hard time finding an attorney to "take over" the filing and be... Read more »

3 Answers | Asked in Immigration Law for New York on
Q: Can my wife apply for a green card if I do not have my own apartment?

Can my wife apply for a green card if I do not have my own apartment yet? I was residing outside of the US since I turned 18, and was living with my girlfriend, but now I am back in the US and live with my mom temporarily. Can my wife apply even though we do not have our own apartment in the US... Read more »

Agnes Jury
Agnes Jury answered on Aug 30, 2021

Having your own place to live is not a pre-requisite to filing for adjustment of status. It would be helpful to have your mom complete an Affidavit affirming that you are living with her and state other facts that give your mom no doubt that you are a "true" (vs. fake) marriage. I... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: I just sent i i30 (Family Sponsorship Form ) now I’m in process and awhile I’m waiting can I make form i485 ? Thanks
Kyndra L Mulder
Kyndra L Mulder answered on Aug 27, 2021

Whether you can file the I-485 now or should have filed it concurrently with the I-130 depends on the relationship between the petitioner and applicant.

You have the option of doing the research yourself at USCIS.gov. Read the eligibility requirements for the I-130 and I-485.

1 Answer | Asked in Immigration Law for New York on
Q: Am I going to receive EAD and Travel document even though If I dont response RFE till receive the deadline

I applied for abuse case over 6 months I haven't got anything yet I was asked for RFE 100 days ago my lawyer keep saying that we need to wait till deadline

Kyndra L Mulder
Kyndra L Mulder answered on Aug 18, 2021

It is NOT a good idea to wait for the deadline. Number one; you are delaying a decision. Number Two; you risk filing late if an unexpected disaster occurs.

If the RFE is for documents that are required for a Prima Facie decision then you will not receive an EAD until the RFE is responded to.

2 Answers | Asked in Immigration Law, Employment Law, Civil Rights and Employment Discrimination for New York on
Q: My job asked me to share my college transcripts & diplomas to submit to U.S. immigration to help a new hire get a visa.

I work in NYC, at will, salaried. My employer requested that I share my diploma and transcripts so that they can share them with immigration officials to help a new hire get a work visa. My employer did not indicate that the request was optional. Can they legally request that? Can they share my... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 26, 2021

The USCIS has gotten extremely obnoxious to employers for H1-b visa applications. The unrighteous restrictions placed upon lawful non-immigrant/immigrant employment visa applicants smothers the U.S. economy due to bigotry and ignorance. They used to allow 200,000 H1b visas in the 1990s, but it... Read more »

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1 Answer | Asked in Family Law, Immigration Law, Identity Theft and Social Security for New York on
Q: I seek assistance with sorting out identity issues (problems with birth certificate, social security due to name change)

I am assisting a young man (23yr old) who will graduate from college but who cannot proceed with things like drivers license, employment, etc, due to a troubled childhood situation in which his name was changed numerous times. The birth certificate (issued in New York City) has questionable... Read more »

Agnes Jury
Agnes Jury answered on Jul 19, 2021

This would be best handled by a civil litigation attorney as it sounds like it involves several name changes or may require one now. You may be able to get free help from legal aid clinics but if not you can always reach out to attorneys directly and ask if they would help for free. Best wishes!

2 Answers | Asked in Immigration Law, Child Support and International Law for New York on
Q: What are the legal ramifications if I don't assist my Chinese ex-wife in renewing our daughter's U.S. passport abroad?

My ex-wife, a Chinese citizen, wants to renew my daughter's U.S. passport in China. My daughter isn't a Chinese citizen, she's an American citizen, but is living there under a visa in my ex-wife's name. In order to renew the passport, she needs my help because I'm an... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 11, 2021

There are no ramifications except that your wife will tell your daughter of your refusal

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1 Answer | Asked in Immigration Law for New York on
Q: My mother currently has visa B2, will she be able to travel to US from Russia while waiting for green card

Just recently applied for green card, she came to US multiple times

Kyndra L Mulder
Kyndra L Mulder answered on Jul 2, 2021

A B2 visa is a non immigrant visa. Your mother has shown immigrant intent. She may not be admitted into the USA for this reason. If she does attempt to enter the USA on her B2 she will need to carry with her sufficient documentation to indicate her intention to return to her home country at the... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: Hello, I had immigration problems with the USA back in 1980. Can I do 1 stop in the US if I need to travel to Canada?

I am a Canadian citizen and stuck where I'm at during covid. In order to go back home to Canada, I must do 1 or 2 stops in the US. I am nervous I might have some problems traveling back to Canada but need to come back home in Canada to visit my doctor and refill my medicine. Back in the 1980s... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jun 19, 2021

You may be allowed to travel but you may be denied entry to the terminal beyond the boarding area. It is also possible there will be no questions.

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1 Answer | Asked in Immigration Law for New York on
Q: Can I lose my green card if I get divorced?

I recently received a green card for 10 years.

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jun 11, 2021

No you won't lose your green card if you get a divorce.

1 Answer | Asked in Immigration Law for New York on
Q: My i485 got approved, uscis produced my card and sent it and usps lost it. How can i file i90 without paying ?
Agnes Jury
Agnes Jury answered on Jun 2, 2021

When you file an I-90 based on the fact that "My previous card was issued but never received" there is no filing fee. See filing fees instructions at: https://www.uscis.gov/i-90

Best wishes!!

2 Answers | Asked in Immigration Law for New York on
Q: I’m an immigrant with an expired visa, am I able to travel domestically with just my passport with no problem?
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on May 24, 2021

What do you mean that you have an expired visa? Are you a legal permanent resident with a green card? Do you have another type of visa?

If, for example you are a resident, you should apply for a new green card immediately or citizenship if you qualify.

If, you have another type of...
Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: Traveling with green card in maiden name and passport in married name?

I got married abroad a year ago and hyphenate my last name with my husband name (Evans-Karalis). Now my foreign passport has my married last name, but the green card, that will expire in 2026, has my maiden name. I have marriage certificate translated in English. Will I have any problems to enter... Read more »

Agnes Jury
Agnes Jury answered on May 14, 2021

You should carry the marriage certificate with you at the time of travel but you should not have problem because upon your arrival to the US border the CBP officer will take your fingerprint scan and match it to the green card anyways. Best wishes!

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1 Answer | Asked in Immigration Law for New York on
Q: I will get married and apply for a green card. Can I overstay my current L1 visa while the application is filed?

Live in the US for 6 years on an L1A visa but decided to leave the company. Now I am in a 60 day grace period until I have to leave the country. My partner and I (living together for 6 years) decided to marry so I can apply for a green card. We will get married before the grace period is over but... Read more »

Agnes Jury
Agnes Jury answered on May 6, 2021

The overstay itself will not disqualify you from applying for a green card based on marriage to a US citizen. And if the Green card is granted the short overstay without status would not be a problem. BUT I recommend you consult with an attorney to discuss and consider the consequences if the green... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: can I apply for my half siblings to get green card ? if possible, could please tell me what are the requirements ?
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Apr 28, 2021

Yes. However, only American citizens can petition for a sibling, not legal permanent residents. Basically you can apply for a sibling who is the child of your mother or your father only. The first part of the process requires filing a petition called the I-130 and you must prove the sibling... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: Hello Looking for information regarding my mom’s immigration application (I-130) which got approved recently.

We are now in the process of submitting the affidavit of support I-864 and financial documents to the NVC before they can schedule her interview at the US embassy in Cairo, Egypt. It would be great if you can answer few questions in that regard.

1-The minimum household income for 2 is... Read more »

Agnes Jury
Agnes Jury answered on Apr 14, 2021

You will never be in a position to have a household of 1 because the sponsor and immigrant will always count so that is a minimum of 2 household members. Benefits that are considered “taxable income” by the IRS, can count toward meeting the 125% of Poverty Guidelines levels required in order... Read more »

1 Answer | Asked in Immigration Law and Federal Crimes for New York on
Q: Why are US petitioners allowed to not secure foriegn applicants US documents?

They are also allowed to not initially secure proper accommodation for foreign applicants who come here and work and pay taxes. This entire experience caused me to loose stable income because I had to migrate because the immigrant visa with a one year extension was about to expire and neither the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 5, 2021

Many of the things you say lead us to believe that your situation is quite unusual, and for that reason you really need to speak with an immigration attorney so s/he can advise you on your options based on your particular circumstances.

3 Answers | Asked in Immigration Law for New York on
Q: Will I run into problems if I marry my fiance who resides in another country before I become a us citizen?

I have a green card I married my fiance who's living in a foreign country. Now I'm applying for citizenship" naturalization" will I run into problems later if I want to file for a green card for him?

Kyndra L Mulder
Kyndra L Mulder answered on Mar 30, 2021

No. You will not have a problem.

You may file the Alien Relative Petition as soon as you are married.

Your spouse may file for his immigrant visa when you become a USC, or;

As soon as the Alien Relative Petition is approved provided there is no wait for a priority date to...
Read more »

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