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New York Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New York on
Q: Is it safe to travel outside US with travel document (I-131) ?

I am married to a US citizen and applied for green card . I received my EAD and travel document. I also have a pending asylum case that is open. My best friend is getting married in Portugal and my brother in law is also getting married in Mexico this year which I really want to attend. I still... View More

James L. Arrasmith
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answered on Feb 28, 2023

It is generally safe to travel outside the United States with a valid travel document (I-131) if you have pending immigration applications, such as a pending adjustment of status application or asylum case. However, there are some factors to consider before traveling.

Firstly, it is...
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1 Answer | Asked in Immigration Law for New York on
Q: Can my girlfriend change the host name and address in her B2 visa application.

When I met my girlfriend from outside the US, she had already set an appointment for her visa interview and added a friend who she’s no longer in contact with. I’d like to change the host to me in the application. Is this possible and is it safe?

James L. Arrasmith
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answered on Feb 26, 2023

If your girlfriend has not yet attended the visa interview, she may be able to update the host information in her B2 visa application. However, it's important to note that any changes to the visa application may result in additional scrutiny by the consular officer during the interview.... View More

1 Answer | Asked in Immigration Law for New York on
Q: My father (now deceased) was a naturalized US citizen.

Does that automatically make me a US citizen. I have a green card for over 40 years.

James L. Arrasmith
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answered on Feb 25, 2023

No, being the child of a naturalized US citizen does not automatically make you a US citizen. However, there are some situations in which you may be eligible to apply for US citizenship, such as if you were under the age of 18 when your father naturalized and you were a permanent resident at that... View More

1 Answer | Asked in Immigration Law for New York on
Q: Can a married couple live abroad during the filing of consular processing?

Say the US citizen and the beneficiary would like to live together after marriage, but in a country different than the beneficiary's home country. Can the couple process their case at the new country of residence? For example, my wife is from France and we'd like to live together in... View More

James L. Arrasmith
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answered on Feb 23, 2023

Yes, a married couple can live abroad during the filing of consular processing. The consular processing for an immigrant visa allows for the beneficiary to apply for a visa through a U.S. embassy or consulate in their home country or in any other country where they are lawfully present.... View More

1 Answer | Asked in Criminal Law, Immigration Law and Tax Law for New York on
Q: How to report a foreigner in the US working illegally as a prostitute?

I know of Canadian who is in the US on TN status, but she stopped working at the job that is tied to her visa. Instead she works illegally in multiple states as a prostitute. She publishes her services on websites for call girls, erotic reviews, etc.. She is even planning to fake a marriage so she... View More

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

ICE Tip Line: 866-DHS-2-ICE

2 Answers | Asked in Immigration Law for New York on
Q: Can a school refuse to recommend you for OPT?

I have been a good student for a year and held valid F1 Visa

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 10, 2023

Yes, a school can refuse to recommend a student for Optional Practical Training (OPT). Although the school is not required to provide a reason for their decision, there are a number of reasons why a school might refuse to recommend a student for OPT. Some possible reasons include a low grade point... View More

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1 Answer | Asked in Immigration Law for New York on
Q: HAVE YOU EVER BEEN ARRESTED, CITED, CHARGED, OR DETAINED FOR ANY REASON BY ANY LAW ENFORCEMENT OFFICIAL(INCLUDING BUT.

HAVE YOU EVER BEEN ARRESTED, CITED, CHARGED, OR DETAINED FOR ANY REASON BY ANY LAW ENFORCEMENT OFFICIAL(INCLUDING BUT NOT LIMITED TO ANY US IMMIGRATION OFFICIAL OR ANY OFFICIAL OF THE US ARMED FORCES OR US COAST GUARD)?

I AM ASYLUM SEEKER. I WAS ARRESTED BY US COAST GUARD WHEN I WAS ENTER... View More

Monica E Rottermann
Monica E Rottermann
answered on Feb 10, 2023

Sorry, I provided the answer to a different question! Here is the answer I meant to provide:

Given that the question includes arrests by the U.S. Coast Guard, the answer would be yes. Also, if that is how you ultimately came into contact with Immigration authorities to seek asylum, USCIS...
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2 Answers | Asked in Immigration Law for New York on
Q: Hi there. I have a consular processing question for a spouse.

During the processing of the petition/green card, can the beneficiary leave their home country and work in a different country (other than the US)?

Lilia  Alcaraz
Lilia Alcaraz
answered on Feb 7, 2023

Hello New Yorker!

Yes, a person can travel to work in another country if they have the necessary visas, work permits, and fulfill other legal requirements of the country they are traveling to.

This advice only applies to a consular processing case where the intending immigrant is...
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2 Answers | Asked in Immigration Law for New York on
Q: How can I appeal if my CRBA applications are not approved or denied for over a year?
Min Hwan Ahn
Min Hwan Ahn
answered on Jan 27, 2023

If your Consular Report of Birth Abroad (CRBA) application has been pending for over a year, you may contact the U.S. Department of State's Office of Children's Issues at 1-888-407-4747 or via email at adoption@state.gov to inquire about the status of your application. If your application... View More

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1 Answer | Asked in International Law and Immigration Law for New York on
Q: I am a F1 visa status international student from Japan, and my friend (US citizen) asked me to be his co-founder.

Hi I am a F1 visa status international student from Japan. My friend (he is an US citizen) asked me to be his co-founder for his company. I am scheduled to leave the States this year after graduation. I was wondering if I can be his co-founder and, if so, what are some regulations/processes I have... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 25, 2023

There are complicated immigration rules regarding volunteering, working, and passive investing on your F-1 visa. Your OPT might be useful if the work is related to your degree. Then there is the possibility of if a change of status to L-1, for example. Without assessing the specifics of your case... View More

1 Answer | Asked in Immigration Law for New York on
Q: How fast I can re-apply for citizenship after my case was denied due to documents requirements. I passed all exams.
Lilia  Alcaraz
Lilia Alcaraz
answered on Jan 19, 2023

You may apply immediately. Submit all the documents USCIS requested. If you have a criminal history or other negative factors that may affect your naturalization application, make sure to consult with an immigration attorney.

1 Answer | Asked in Immigration Law for New York on
Q: HI, my deceased father was a U.S citizen and he had three children who were born outside of the U.S and at this time he

havent received his citizenship however he was holding a green card. I want to know can this children received a green card if they apply through the embassy?

My mother is also not a citizen.

Monica E Rottermann
Monica E Rottermann
answered on Jan 9, 2023

If your father filed I-130 petitions for his children prior to his death there may be a way to get the petitions reinstated through humanitarian reinstatement. You can read about that process here: https://www.uscis.gov/green-card/green-card-eligibility/humanitarian-reinstatement

3 Answers | Asked in Immigration Law for New York on
Q: I am applying for citizenship. My question is with question "Have you EVER lied to any U.S. Government officials etc.

I did lie to officers in my birth country 2013, which is 10 years ago, to get a visa to get into america.

I am now married and nothing else like this has happened.

Since it's over 5 years ago, will this effect my application?

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 16, 2022

You should definitively consult with an attorney to establish whether the incident back in 2013 made you inadmissible to the U.S. Keep in mind that it does not matter whether five years have happened since your application because the question states, have you ever, not have you within the last... View More

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1 Answer | Asked in Immigration Law for New York on
Q: I’m a Green Card holder and I’d like to know if I can get in trouble coming back to the US after being abroad.

I’ve been a LPR (10 year green card) since Dec 2020. In 2022 I’ve been out of the country for 164 days as of now (multiple entries from Brazil - my home country). I just got back last week, so technically I’d still have 14 days left for this year, totaling 179 days abroad for the current... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 2, 2022

There is no set period of time abroad that will trigger abandonment, but LPRs are treated as seeking re-admission if they have been absent from the United States for a continuous period of longer than 180 days. INA § 101(a)(13)(C)(ii). Continuous absence of more than 180 may trigger scrutiny, but... View More

2 Answers | Asked in Immigration Law for New York on
Q: Greetings! I’d like to know if I can get in trouble for going out of the country being a LPR.

I’ve been a LPR (10 year green card) since Dec 2020. In 2022 I’ve been out of the country for 164 days as of now (multiple entries from Brazil - my home country). I just got back last week, so technically I’d still have 14 days left for this year, totaling 179 days abroad for the current... View More

Agnes Jury
Agnes Jury
answered on Dec 2, 2022

It is impossible to tell if you will be permitted to return in January after a short visit to Brazil because it is up to the officer at the Border whether to let you in AND for how long REGARDLESS of the "180 day clock" (reset or not). Each time you cross the border on an non-immigrant... View More

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2 Answers | Asked in Immigration Law and Business Law for New York on
Q: I am currently in OPT and I want to start a business. I read that I can start an LLC and hire an American.

How does that work? Can I be the sole owner of the LLC? When registering an LLC, I noticed that there is an requirement to add LLC Manager. Can I be the LLC Manager while on OPT? Or would that be a violation of visa status?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 29, 2022

This issue is a little complicated. In general you either need to have work authorization to open a business in the United States, for example, through an E2 investor visa, or you need to partner with a person with work authorization or a LPR or US citizen and basically delegate all day to day... View More

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1 Answer | Asked in Business Formation and Immigration Law for New York on
Q: Can I start a business, register to E-Verify and work on a side startup while maintaining my full-time job on STEM OPT?

Hi, I'm a current Post Completion OPT employee and am in the process of applying for my STEM OPT extension. My OPT and STEM OPT extension are based on my full-time employment in the US.

My question is: Can I start a business of my own, register to E-Verify and work on a side start-up... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Nov 18, 2022

E-Verify is for Established US Employers. You OPT only allows you work for a US employer. This could be interpreted as working without authorizarion. You should get legal counsel first.

1 Answer | Asked in Immigration Law for New York on
Q: Hello, Can a gay G4 visa holder (non decision) from a LGBT-persecuting country apply for a Green Card.

I am a current LGBT G4 holder working for an International Organization (non-decision-making role) and from a country where LGBTQ people are persecuted. Instead of the asylum route can I apply for a Green card under the Section 13 (Diplomat) route?

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Nov 18, 2022

There is a provision of immigration law that allows certain long-term international organization employees and their eligible family members to apply for special immigrant status and become permanent residents of the U.S. (get a Green Card) as long as their organization remains recognized.

1 Answer | Asked in Immigration Law for New York on
Q: “your legal representative is no longer representing you on this case. as USCIS will now communicate only with me” mean.
Tim Akpinar
Tim Akpinar
answered on Oct 16, 2022

This looks like something that an immigration attorney might have more insight into than a social security attorney, which was the posted category. But your question remains open for two weeks. It appears involve a substitution of representative/counsel on a matter with U.S. Citizenship and... View More

2 Answers | Asked in Immigration Law and Personal Injury for New York on
Q: Can I Get a green card after i got electric shock in a mall whit my son...

I was in the mall with my son when I saw one of those moving toy cars for children .. I put my son in and while I was going to put money in I got a strong electric shock in my leg and a strong shock .. luckily my son is well .. but i am having leg and hand problems losing my job as a chef .. there... View More

Adan Vega
Adan Vega
answered on Oct 14, 2022

I am so sorry that you and your son were involved in an accident at the mall.

The incident that you have described, however, is not an event that can be classified as a crime that qualifies you for the U visa.

You can visit with a qualified and experienced immigration attorney...
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