Ohio Immigration Law Questions & Answers
Q: Will my F1-visa renewal be denied?
Matthew Williams' answer
As long as you are completely honest with USCIS, and legitimately in a PhD program, it is unlikely it will be issue. People nearing the end of their education are usually also looking for jobs and sometimes change course whether it is leaving a PhD program to accept a good job offer, or deciding not to pursue a job to continue your education. Just make sure you are completely honest and provide ever last bit of evidence and documentation you can get your hands on.
As long as you are completely honest with USCIS, and legitimately in a PhD program, it is unlikely it will be issue. People nearing the end of their education are usually also looking for jobs and sometimes change course whether it is leaving a PhD program to accept a good job offer, or deciding not to pursue a job to continue your education. Just make sure you are completely honest and provide ever last bit of evidence and documentation you can get your hands on.
Q: My fiance's K-1 visa was denied - is there a way to appeal ASAP?
Yanky Perelmuter's answer
It depends. Was the denial at USCIS or at the Embassy/Consulate? If the denial was of form I-129f then you can appeal. If the denial was at the embassy you cannot appeal. You will have a limited time to act. She can reapply for a visa at the Embassy/Consulate if it is still in the validity period authorized by the I-129f approval notice.
It depends. Was the denial at USCIS or at the Embassy/Consulate? If the denial was of form I-129f then you can appeal. If the denial was at the embassy you cannot appeal. You will have a limited time to act. She can reapply for a visa at the Embassy/Consulate if it is still in the validity period authorized by the I-129f approval notice.
Q: conditional green card received 2 month back through marriage now filling divorce with a 4 month old baby
Yanky Perelmuter's answer
You can file an I-751 with a waiver of the joint filing requirement. This will allow you to remove the conditions on your green card and receive Permanent Residency without conditions. Each case has specific issues that may arise in the process.
You can file an I-751 with a waiver of the joint filing requirement. This will allow you to remove the conditions on your green card and receive Permanent Residency without conditions. Each case has specific issues that may arise in the process.
Q: I read Trump wants to take citizenship away from babies that are born in the US to foreign parents.
Matthew Williams' answer
It’s not very likely. Legal scholars largely agree that birth right citizenship is a constitutional guarantee. The President cannot change the constitution on his own.
It’s not very likely. Legal scholars largely agree that birth right citizenship is a constitutional guarantee. The President cannot change the constitution on his own.
Q: My fiance is an immigrant in Italy originally from Ghana. What is best way to bring him here to the USA?
Yanky Perelmuter's answer
The proper option is the K1 fiance visa. You will need to file an I-129f with USCIS. You will need to include the correct evidence and filing fees - the form instructions are extremely helpful in providing that information. Once your petition is approved your fiance can apply for visa to enter the United States. You must get married within 90 days of him entering the United States.
The proper option is the K1 fiance visa. You will need to file an I-129f with USCIS. You will need to include the correct evidence and filing fees - the form instructions are extremely helpful in providing that information. Once your petition is approved your fiance can apply for visa to enter the United States. You must get married within 90 days of him entering the United States.
Q: HI I have been here in USA 9 month , with 2 years green card I stayed with my wife 2 month then she kick me out
Matthew Williams' answer
It doesn't help that you split for a while. They give you the two year conditional to see if the marriage is for real or just a way to secure entry into the US. But it isn't the end of the world either, particularly if you are back together and never started divorce proceedings or had a legal separation. All relationships have bad times. I encourage you to seek the help of an immigration attorney in applying for the green card.
It doesn't help that you split for a while. They give you the two year conditional to see if the marriage is for real or just a way to secure entry into the US. But it isn't the end of the world either, particularly if you are back together and never started divorce proceedings or had a legal separation. All relationships have bad times. I encourage you to seek the help of an immigration attorney in applying for the green card.
Q: Am I a dual citizen?
Carl Shusterman's answer
Probably not. You need to contact the closest Philippine Consulate to inquire.
Probably not. You need to contact the closest Philippine Consulate to inquire.
Q: deported from Ohio in attempt to sell marijuana 9 1/2 years ago can I come back? I’m married to an American w/a son
Carl Shusterman's answer
This is going to be very difficult. A conviction for the sale of a controlled substance may render you permanently inadmissible. You may want to contact a criminal lawyer to see if you can either get your conviction "vacated" or if you can get a "pardon" from the Governor of Ohio.
Carl Shusterman
www.shusterman.com
This is going to be very difficult. A conviction for the sale of a controlled substance may render you permanently inadmissible. You may want to contact a criminal lawyer to see if you can either get your conviction "vacated" or if you can get a "pardon" from the Governor of Ohio.
Carl Shusterman
www.shusterman.com
Q: When applying for a K1 visa, do I need to list an arrest that led to juvenile diversion and has since been expunged?
Carl Shusterman's answer
Yes, you do. You can ask the Court where you were convicted for your Records of Conviction, expungement, etc.
Yes, you do. You can ask the Court where you were convicted for your Records of Conviction, expungement, etc.
Q: My asylum application was denied 10 years ago and I'm in order removal . I married a woman whose been granted asylum
Carl Shusterman's answer
You need to get your deportation case reopened which you may be able to do under last week's Supreme Court decision in Pereira v. Session. Then, if entered the US lawfully, you may be eligible to adjust your status to permanent resident without having to leave the US.
Carl Shusterman
www.shusterman.com
You need to get your deportation case reopened which you may be able to do under last week's Supreme Court decision in Pereira v. Session. Then, if entered the US lawfully, you may be eligible to adjust your status to permanent resident without having to leave the US.
Carl Shusterman
www.shusterman.com
Q: Can a Filipino Citizen marry an American citizen while they are in the U.S. on a tourist visa?
Yanky Perelmuter's answer
Yes. A person traveling to the United States on a visitor visa is limited to activities related to the temporary nature of their visa. Getting married is considered a legitimate activity while on a visitor visa, and is permitted.
Yes. A person traveling to the United States on a visitor visa is limited to activities related to the temporary nature of their visa. Getting married is considered a legitimate activity while on a visitor visa, and is permitted.
Q: I can wait to complete 5 years since my last DUI. If I divorce my spouse now will it effect my citizenship process?
Carl Shusterman's answer
We cannot quotes fees online. Schedule a legal consultation.
Carl Shusterman
www.shusterman.com
We cannot quotes fees online. Schedule a legal consultation.
Carl Shusterman
www.shusterman.com
Q: I am on green card since 2004. I have few Dui's. Last one in Dec 2014. Can I apply for Citizenship now ?
1 Answer
| Asked
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Criminal Law, Divorce, DUI / DWI and Immigration Law
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Ohio
on
Answered on Jun 9, 2018
Answered on Jun 9, 2018
Carl Shusterman's answer
It would probably be best to wait until you have no DUIs during the past 5 years before you apply for naturalization.
It would probably be best to wait until you have no DUIs during the past 5 years before you apply for naturalization.
Q: Dear Sir/Madam, I would like to know more about my Immigration case,
Carl Shusterman's answer
You probably abandoned your refugee status. You should talk with an immigration attorney to see if you are eligible to immigrate to the US in any other manner.
You probably abandoned your refugee status. You should talk with an immigration attorney to see if you are eligible to immigrate to the US in any other manner.
Q: Can i Use Company A I -140 for H1b transfer from Company B to Company C?
Carl Shusterman's answer
Company will need to file an H-1B change of employer for you. Unless you have an I-485 pending, Company C will need to file a PERM application and an I-140 visa petition on your behalf in order to recapture your original priority date.
Carl Shusterman
www.shusterman.com
Company will need to file an H-1B change of employer for you. Unless you have an I-485 pending, Company C will need to file a PERM application and an I-140 visa petition on your behalf in order to recapture your original priority date.
Carl Shusterman
www.shusterman.com
Q: Can you still.apply for citizenship if you have hiv
Carl Shusterman's answer
An applicant for US citizenship must meet the following requirements:
Must be admitted to the United States as a lawful permanent resident (LPR), commonly referred to as one who possesses green card status. There is only one exception to this requirement: If an applicant has served in the US armed forces during war, that person may be naturalized without first becoming a permanent resident if they were in the United States upon induction or enlistment into the US military....
An applicant for US citizenship must meet the following requirements:
Must be admitted to the United States as a lawful permanent resident (LPR), commonly referred to as one who possesses green card status. There is only one exception to this requirement: If an applicant has served in the US armed forces during war, that person may be naturalized without first becoming a permanent resident if they were in the United States upon induction or enlistment into the US military....
Q: Do I need a lawyer to file the I 130 application? If I get a laywer and I wasting time and money
Carl Shusterman's answer
It depends on the facts of your case. You may be a US citizen or a green card holder. You may be applying for your spouse, your parents, your siblings, etc. If you need help, schedule a consultation with an immigration lawyer.
It depends on the facts of your case. You may be a US citizen or a green card holder. You may be applying for your spouse, your parents, your siblings, etc. If you need help, schedule a consultation with an immigration lawyer.
Q: Applying for H1B visa transfer while another transfer is pending
Carl Shusterman's answer
Not recommended. Better to have Employer C file an H-1B petition premium processing and then go abroad to get a new H-1B visa.
Not recommended. Better to have Employer C file an H-1B petition premium processing and then go abroad to get a new H-1B visa.
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