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New York Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for New York on
Q: Can I apply for US Citizenship? My father became US Citizen back in 2017 when I was still 17 (Im a GC holder), I’m 20.

Im a green card holder since 2013, but I went back to my country with a reentry permit every year. In 2019, I decided to come to the US and live here for good. My dad became a US Citizen in 2017 when I was 17 years old. I am now 20 years old, turning 21 on August, but could I still apply for US... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 13, 2020

Based on the information you have provided it is likely you ae a USC through your father. If this is the case you need to file the N-600. I suggest you consult with an experienced immigration attorney to confirm the foregoing.

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1 Answer | Asked in Immigration Law for New York on
Q: Question about pending I-751 after RFE received

Hi,

l have question about after sending I-751 RFE, l send RFE to USCIS and they receive them on April 9 2019, but they don't give any update information about it so far, it nearly like 400 days spend, is there some problem that make it stuck on it? do l need call the customer service... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 13, 2020

Depending on the subject matter of an RFE you file may not be considered filed until the service receives a response to the RFE. If considered newly filed upon the receipt of the RFE you ae kicked back in line after everyone else who has filed.

The online updates ae not reliable. I hope...
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1 Answer | Asked in Immigration Law for New York on
Q: I am a naturalized US citizen since 2019. sponsoring my wife for green card.Should I write old A-number on i-130, 1-864?
Kyndra Mulder
Kyndra Mulder answered on Jul 10, 2020

Read the application carefully. Do not use your A number whee it asks for the beneficiary A number. As a USC you do not need to list your A number. However you should include a note on the final page that as a naturalized citizen you had an A number and it is:.......

2 Answers | Asked in Immigration Law for New York on
Q: Hello I am an America citizen and my girlfriend is a Canadian citizen. We’re looking into the k1visa application

I have read online that we would have up to 90 days to get married upon her entry into the US. However, I have read mixed answers stating that the amount of time she would have to enter the country once the k1 visa is approved. Does she have 6 months total to enter the country and get married or... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jul 6, 2020

She has 90 days from the date of entering the USA with her K1 fiancé visa to get married to you.

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1 Answer | Asked in Divorce, Family Law, Immigration Law and Child Custody for New York on
Q: Can My ex make me move back to NY?

My ex and i Start having problems on sept. And we agreed that i would have our baby in México where My family is and then he would go get us and return to the US (NY) but we Start having more problems once i confronted him for cheating on me so he text me i could stay un mx if i wanted and he... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 5, 2020

If the baby was born in Mexico, you cannot be forced to move back to NY. You also do not have to come back to sign any divorce papers. You should speak with an attorney about the divorce or ask the judge who has your case in the supreme court to appoint an attorney to represent you on custody and... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: If my gf comes from Dominican Republic when they open their borders with her active B-2 visa, can I marry her to stay?

I am a US citizen, and we know for some time now, if we continue to have the nice relationship we have so far the idea could be getting married and asking for a status change for her to be able to work and stay here legally.

John Alexander Bates
John Alexander Bates answered on Jun 24, 2020

Yes, as long she doesn't say that she is going to get married before she comes in. Wait for 90 days after she arrives before getting married. The B-2 visa is only for visiting and not for immigrating.

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2 Answers | Asked in Immigration Law for New York on
Q: I130 for a spouse visa

I file my husband's case for the I130 form on 9th July 2019. currently, it is showing this message (Your benefit request has been accepted and is under review) He lives in Pakistan.

The last update is from 7th April 2019.

I live in Bohemia, NY please can anyone answer me when I... Read more »

John Alexander Bates
John Alexander Bates answered on Jun 20, 2020

You should do the I-693 for the medical exam on your own. You should have an interview at some point but you have not provided much information.

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1 Answer | Asked in Immigration Law for New York on
Q: What should I do in my citizenship case?

I took the citizenship interview test and I passed. I have no criminal background and I am good resident, nothing on my record. I took the test last year August and I haven't received a responses. I call today and they said my case is still under review. Its been close to a year now. I saw... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jun 19, 2020

You can bring suit in federal court forcing USCIS to make a decision in your case. That can be dangerous, because the decision could be in the negative. If you choose to go that route, make sure you have competent legal counsel.

2 Answers | Asked in Immigration Law for New York on
Q: Will my Unemployment benefits affect my wife's petition?

My wifi was unable to pass through the first interview because of income insufficiency. But now I have sent her my 2019 income tax form which meets the requirements. However she has not received her Visa.

Kevin L Dixler
Kevin L Dixler answered on Jun 19, 2020

If your wife has been denied as likely to become a public charge, then she is inadmissible. If more than 1 year has elapsed since the decision, then you may need to file, again. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are... Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: Good day Why is i751 case transfered to different offices

I applied for my i751 in January 2019

For 14 months receipt number was not recognized on the system.

Me and my spouse moved to a different city in the same state updated our address.

Then the reciept number was recognized

17 months passed submitted an inquiry... Read more »

John Alexander Bates
John Alexander Bates answered on Jun 18, 2020

If your spouse abused you, may be able to get the green card despite the fact that you separated. Time to speak with a lawyer.

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2 Answers | Asked in Employment Discrimination, Employment Law and Immigration Law for New York on
Q: can DACA file for unemployment in NY if furloughed? Will this affect the chances of applying for a green card?
Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 17, 2020

Hi, Unemployment benefits are not Public benefits if you are worried about passing the Public Charge test in the future.

**This is not legal advise. I will be happy to discuss with you in detail about your concerns.

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1 Answer | Asked in Immigration Law for New York on
Q: I included G28 in my Green Card petition.Does the lawyer mentioned on that form need to fill out the preparer's section?

Hi All,

My wife, who is American, and I filled out my green card application. We then had it reviewed by a lawyer at a local pro-bono practice at a university. They gave it a look and said all looks fine. Nothing was changed. That lawyer then gave us a G-28 form so that they can represent... Read more »

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 16, 2020

The Attorney of record does not have to be the preparer. Reviewing is different from preparing in my experience.

1 Answer | Asked in Immigration Law for New York on
Q: Is it true that u have to wait 7 - 31 months to get your greencard after you win your case on politic asylum?

Why does it have to be such a long wait for a greencard? Is it possible to talk with the officers about that , because they told me u can't complain at least after 31 months passed. That's ridiculous..Before i think it was not even 6 months..

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

You cannot file for a green card until one year after your grant of asylum. Then, according to the USCIS website, it is taking between 7 and 31 months to process the application.

While it is true that this is an unusually long time based on earlier estimates, it is important to remember...
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1 Answer | Asked in Immigration Law for New York on
Q: Hello, I am an American citizen living in NY and my soon to be fiancé is a Canadian citizen.

We have noticed from the USCIS website that the numerous K1 visa processing offices have different wait times, ranging from 5 to 22 months. How is the office our application gets sent to determined?

Kevin L Dixler
Kevin L Dixler answered on Jun 14, 2020

Those are estimated ranges for the I-129F petition processing only. Nearly ‘All’ K1 visa processing for Canadian Citizens takes place in Montreal, Quebec unless they are lawfully present in another country for a long enough period of time.

If you are confused, I strongly recommend an...
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2 Answers | Asked in Immigration Law for New York on
Q: Will I have complications obtaining marriage greencard with 2 dwi

Had 2 dwi back in 2002 and 2005 as young stupid mistake I made. Fines all paid and never did any jail time. Both were misdemenear. Never paid taxes as well, but heard from friends I must pay at least 3 years prior. Is that true?

Mario Musil
Mario Musil answered on Jun 12, 2020

Criminal arrests can affect your eligibility. You should have an experienced attorney review your record with you to determine what affect it will have on your ability to adjust status. The new form I 944 inquiries into your prior tax filings and you should also discuss this with a lawyer to come... Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: If I married someone who entered w/o a visa. Can we divorce and he return to ecuador and then do a fiancee visa?

I am married. My husband entered without a visa. He is from Ecuador. He has been in this country for 10 years. We did taxes together and have a daughter so his presence in this country has been noted. I am from the USA. Can we just divorce and he go to Ecuador and then begin the fiancee visa... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 12, 2020

This is much more complicated. He has unlawfully lived in the U.S. for more than one year, so in addition to petitioning him, he must seek at least one waiver, perhaps others for civil violations of the Immigration and Nationality Act. He may have to seek relief before an immigration judge where... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: Hello, can you file for your spouse living in another country while you are on disability?
John Alexander Bates
John Alexander Bates answered on Jun 12, 2020

yes, but you will likely need a joint sponsor.

2 Answers | Asked in Immigration Law for New York on
Q: Could I travel back to the US on my unexpired O-1 Visa, while my DS-260 application is being processed?

I am currently on an O-1 Visa expiring late 2021. I (luckily) won the DV Lottery this year and plan to apply through Consular Processing. Will I be able to travel back to the US on my unexpired O-1 while my DS-260 is being processed? Thank you.

Leonard R. Boyer
Leonard R. Boyer answered on Jun 10, 2020

With an international travel ban in effect, you are not going to be coming to the US until it is lifted.

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1 Answer | Asked in Immigration Law for New York on
Q: My BF wants to get married in France, (he is french) with my tourist European visa, is this possible or it is illegal?

I'm Colombian and my bf is French and we live together in NYC. He will have to go back to France soon and we would like to get married there. We have been trying to find information about how to doing so but we are not sure if it is possible to get married on the Schengen permit.... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 9, 2020

I agree with you. This is a challenge! You must have a Refugee Travel Permit and that can take a lot of time. Otherwise, you cannot return to the U.S., without lawful permanent resident status, which you 'may not' have. How long have you been a refugee? Have you ever filed for... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: I received the green card for 10 years. If I will be in separation with my husband

Can I apply for citizenship after 3 years or I have to wait 5 years?

If we will be in separation, will our son stay with me (mother)?

What if I would divorce my husband, can I apply for citizenship after 3 years or I have to wait 5 years?

John Alexander Bates
John Alexander Bates answered on Jun 8, 2020

If you separate from your husband, it will be better to wait five years. That way you won't be depending up him to become a citizen.

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