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New York Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New York on
Q: My husband use a dead person name and birth certificate in barbados and was removed from that country can I stay file

He use a dead man name and was removed from that country can I still file for him I-130 form?

James L. Arrasmith
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answered on Mar 18, 2024

If your husband has been removed from Barbados for using the identity of a deceased person, this could impact his immigration status and any applications you intend to file on his behalf, such as the I-130 form. It's important to understand that immigration matters can be complex and are... View More

1 Answer | Asked in Employment Law, Immigration Law and Business Formation for New York on
Q: My brother who has a greencard, has an llc with no other employee. With my opt, can I work in his llc?
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answered on Mar 10, 2024

Based on the information provided, there are a few important considerations:

1. As an F-1 student on Optional Practical Training (OPT), you are allowed to work in the U.S. as long as the employment is related to your field of study. The work can be for any employer, including an LLC owned...
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1 Answer | Asked in Immigration Law for New York on
Q: Hi I haven’t received my biometric appointment but I received an interview notice

I applied for naturalization

I contacted the USCIS tools website with this question and have been waiting for their reply

What should I do?

James L. Arrasmith
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answered on Mar 4, 2024

Receiving your interview notice before your biometric appointment for naturalization can indeed be confusing, as the usual process involves completing biometrics before the interview. However, there can be variations in the order of these steps based on scheduling and administrative decisions by... View More

1 Answer | Asked in Immigration Law for New York on
Q: H1-B approval while out of the country

I have H1-B transfer in process through an employer. I have not resigned from the current company and need to take an urgent international trip. Will there be an issue for re-entry on current company’s I-797 if the H1-B transfer approval comes while I am out of country?

James L. Arrasmith
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answered on Mar 4, 2024

If your H1-B transfer is approved while you are outside of the country, generally, you should not face issues re-entering the U.S. using your current company's I-797, provided the visa stamped in your passport is still valid and was issued for your current employer. The I-797 form from your... View More

2 Answers | Asked in Immigration Law for New York on
Q: If an LPR sponsors his children (living abroad) on I-130, can children be granted B Visa to visit him thereafter?

Father has been granted permanent residence (holds PR Card). If he sponsors his children on I-130, can his children be granted visit visas for visiting him in the US (after their I-130s have been filed)? Or if they come on the visit visa to the US, will it be better to sponsor them at that time --... View More

James L. Arrasmith
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answered on Mar 2, 2024

When a Lawful Permanent Resident (LPR) files an I-130 petition for their children living abroad, it begins the process for them to potentially immigrate to the United States permanently. However, applying for a B visa, which is intended for temporary visits, can become complicated once an I-130 has... View More

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2 Answers | Asked in Immigration Law for New York on
Q: If an LPR sponsors his children (living abroad) on I-130, can children be granted B Visa to visit him thereafter?

Father has been granted permanent residence (holds PR Card). If he sponsors his children on I-130, can his children be granted visit visas for visiting him in the US (after their I-130s have been filed)? Or if they come on the visit visa to the US, will it be better to sponsor them at that time --... View More

Brian J. Reilly
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answered on Mar 2, 2024

There are not enough facts provided here to give a cogent answer. The children will have to disclose the pending immigrant visa petition when applying for a visa, which will cause the consul to scrutinize their intent. Applying for an immigrant visa while they are physically in the U.S. is not an... View More

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1 Answer | Asked in Immigration Law for New York on
Q: International travel after resigning on H1-B

I am working for company A and have H1-B transfer in process for Company B. The start date on the LCA for company B is 2/27. I plan to resign as soon as approval comes through. I will travel internationally for a week after the notice period ends. This will push the joining date for Company B by... View More

James L. Arrasmith
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answered on Feb 28, 2024

When traveling internationally after resigning from Company A and before starting at Company B, you should use the I-797 approval notice from Company B when re-entering the U.S. This document serves as proof of your new employment and H1-B sponsorship. It's crucial to have the I-797 to... View More

2 Answers | Asked in Immigration Law for New York on
Q: I missed my due date for RFIE , what should I do now?

USCIS said a request for initial evidence was sent in July ,2023 for my i485 application in February, 2023. I didn't receive any of the notices from USCIS in the mail so I didn't have access to the online account either to see the request when it was sent ( I have access now after some... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 10, 2024

USCIS can dismiss your case if you do not file a timely response to an RFE. You have the right to file a motion to reopen and explain why your case should not be dismissed based on good cause or excusable neglect. If that motion is denied, then you will have to refile the case and start anew.

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2 Answers | Asked in Immigration Law for New York on
Q: I missed my due date for RFIE , what should I do now?

USCIS said a request for initial evidence was sent in July ,2023 for my i485 application in February, 2023. I didn't receive any of the notices from USCIS in the mail so I didn't have access to the online account either to see the request when it was sent ( I have access now after some... View More

James L. Arrasmith
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answered on Feb 22, 2024

If you missed the due date for responding to a Request for Evidence (RFIE) from USCIS for your I-485 application, it's crucial to act promptly. First, you should gather the requested evidence, in this case, the I-864 form, as quickly as possible. Then, immediately reach out to USCIS to explain... View More

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2 Answers | Asked in Immigration Law for New York on
Q: I have H1B through my company, and a green card confirmation (as of last year), can I co-own/work for a startup?

I have an H1B through my tech employer, I have a green card confirmation (I-485 adjustment of status application receipt) and I wish to co-own a startup 50/50 with a US citizen. I am wondering if i can "work" for this startup and what the procedure/if any I may need to deal with to do... View More

Brian J. Reilly
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answered on Feb 7, 2024

It is not clear what you mean as a green card confirmation: An approved I-140 immigrant visa? I-485 adjustment of status application receipt? An adjustment of status application pending over 180 days?

The short answer is you can't "work" or draw a salary from anyone except...
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2 Answers | Asked in Immigration Law for New York on
Q: I have H1B through my company, and a green card confirmation (as of last year), can I co-own/work for a startup?

I have an H1B through my tech employer, I have a green card confirmation (I-485 adjustment of status application receipt) and I wish to co-own a startup 50/50 with a US citizen. I am wondering if i can "work" for this startup and what the procedure/if any I may need to deal with to do... View More

James L. Arrasmith
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answered on Feb 22, 2024

Having an H1B visa and a pending green card application can indeed impact your ability to work for or co-own a startup. With the H1B visa, your employment is typically tied to the sponsoring employer, and any additional work or ownership outside of that employment may require authorization or could... View More

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1 Answer | Asked in Immigration Law and Traffic Tickets for New York on
Q: Hello, I got a ticket for no license, I am also an immigrant the papers doesn’t specify if I need to go to court
James L. Arrasmith
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answered on Jan 30, 2024

If you received a ticket for driving without a license, it's important to carefully review the ticket for any instructions or court date information. In many instances, traffic citations in the United States, including those for driving without a license, require a court appearance.... View More

1 Answer | Asked in Immigration Law for New York on
Q: Hello im looking for my immigration ID number?

i was detain around 2011

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answered on Jan 29, 2024

To locate your immigration ID number, also known as an Alien Registration Number or "A-Number", you can start by checking any previous documentation you received from U.S. Citizenship and Immigration Services (USCIS) or the Department of Homeland Security (DHS). This number is usually... View More

2 Answers | Asked in Immigration Law for New York on
Q: If I get an advance Parol, I m in the USA after ilegal entry and charged as not admisible . Can I get dinied entry ?

I have a pending hearing to show why I should not be removed of the STATES. I wa charged under INA 236 . But I get advance Parol , what can CBP deny my entry at a port of entry ?

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answered on Jan 27, 2024

If you have been granted Advance Parole and have a pending immigration hearing due to being charged as inadmissible under INA 236, it's important to understand the risks associated with leaving the United States. Advance Parole allows individuals with a pending immigration status to travel... View More

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1 Answer | Asked in Immigration Law for New York on
Q: Newly licensed NJ atty, field: Immigration law in NYC, want to open PLLC, how do i get Cert of Good Standing?

I am based in NYC, got barred in NJ 2023, want to open my own Immigration law PLLC in NYC, but NY requires showing of "A Certificate of Good Standing from the appropriate Appellate Division or a Certificate of Authority (Form PLS709) under seal from the New York State Department of Education,... View More

James L. Arrasmith
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answered on Jan 23, 2024

As a newly licensed attorney in New Jersey practicing immigration law in New York, you're navigating a unique situation due to the federal nature of immigration law. While New York typically requires a Certificate of Good Standing for attorneys seeking to open a PLLC, your situation is... View More

1 Answer | Asked in Immigration Law for New York on
Q: Can working with an ITIN number while seeking for asylum affect my application in the future?

Could my asylum application be denied because I worked in the US using an ITIN number?

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answered on Jan 22, 2024

Working in the U.S. using an ITIN (Individual Taxpayer Identification Number) while your asylum application is pending can be a complex issue. Generally, asylum applicants are not authorized to work in the United States until they have received a work permit (Employment Authorization Document,... View More

2 Answers | Asked in Immigration Law for New York on
Q: greetung all. This is kandel from nepal and asylum seeker here. i have some question about my asylum process.

i have filed i589 with uscis with nta. still NTA has not been filed in immigration court. when i check my case on uscis online case status with receipt number it says:

Application Was Closed

We closed your application and forwarded it to the immigration court for adjudication. We... View More

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answered on Jan 16, 2024

The message you received indicates that USCIS has completed its initial processing of your asylum application and has transferred it to the immigration court for further adjudication. This transfer typically occurs when there are additional factors or complexities in a case that require a decision... View More

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1 Answer | Asked in Immigration Law for New York on
Q: Can a person use an advance parole they didn’t exit with to return to the US

A friend who filed for an advance parole but had to leave the Us briefly for health reasons using her active visa to exit . She is ready to return back and wishes to know if it’s ok for me to send by post or recorded delivery her advance parole to her to use in returning back to the USA. Pls note... View More

James L. Arrasmith
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answered on Jan 16, 2024

Advance Parole is a document that allows certain aliens, who do not have a valid immigrant visa, to re-enter the United States after traveling abroad. This document is to ensure that the individual's application for adjustment of status (Green Card application) is not abandoned.

In...
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2 Answers | Asked in Immigration Law for New York on
Q: Hi so, a I 485 application was sent since February of 2023 and no reply was received by the applicant

After further inquiry we found out that A receipt notice was sent( February 2023), a biometrics appointment was sent (June 2023)and a request for initial evidence was sent(July 2923). But I didn't receive any of these . It is stated that a reply was received to the request for evidence in (... View More

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answered on Jan 13, 2024

In your situation, it's crucial to address this matter promptly with the United States Citizenship and Immigration Services (USCIS). First, you should contact USCIS directly to explain the circumstances. Inform them that you did not receive the notices and suspect that they were intercepted... View More

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2 Answers | Asked in Immigration Law for New York on
Q: Hi so, a I 485 application was sent since February of 2023 and no reply was received by the applicant

After further inquiry we found out that A receipt notice was sent( February 2023), a biometrics appointment was sent (June 2023)and a request for initial evidence was sent(July 2923). But I didn't receive any of these . It is stated that a reply was received to the request for evidence in (... View More

Symantha Rhodes
Symantha Rhodes
answered on Jan 13, 2024

You should immediately communicate this to USCIS and seek to properly submit the evidence requested, followed by a request for a new appointment for biometric.

You should seriously consider submitting a change of mailing address request to USCIS (your mailing address does not have to be...
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