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Ohio Immigration Law Questions & Answers

2 Answers | Asked in Immigration Law for Ohio on

Q: Must I return to Europe after petition approval?

Good morning, I got married to a us citizen in August last year in the US. I am a German citizen. I went back to Europe after our wedding and returned to the US in October 2018. We filled i130, i485 and i765 concurrently in November. Since then we have been waiting for approval. The petition got... Read more »

Sheri A Benchetrit answered on May 9, 2019

Sounds like something is amiss. Generally when you file an I 130 I 485 package you have your interview for both your I 130 and I 485 at the same time, at your local field office inside of the U.S. Usually you will receive an answer as to both the I 130 and the I 485, although not necessarily at... Read more »

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1 Answer | Asked in Immigration Law for Ohio on

Q: I have a green card,I had test for my citizen test today they Said to send them police report after that sending decxsio

Yanky Perelmuter answered on Feb 21, 2019

As part of the requirements for citizenship a person must show they possess good moral character during the statutory period leading up to their application for naturalization. The officer is likely requesting your police records to determine whether you meet the standard of a person of good moral... Read more »

1 Answer | Asked in Immigration Law for Ohio on

Q: I misdemeanor of first degree , and I have citizenship , does it effect mg immigration?

Yanky Perelmuter answered on Feb 21, 2019

A criminal conviction will not impact your status as a United State citizen.

2 Answers | Asked in Immigration Law for Ohio on

Q: Will my F1-visa renewal be denied?

I am from India. I am currently doing my PhD in US and I have lived in US for 5.5 years. I earned Master's degree in the first 2 years, I worked on OPT for the next two years and joined PhD program in August 2017. While I was working on OPT, my employer applied for H1-B in April 2017 and my... Read more »

Matthew Williams answered on Dec 17, 2018

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... Read more »

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1 Answer | Asked in Immigration Law for Ohio on

Q: My fiance's K-1 visa was denied - is there a way to appeal ASAP?

Yanky Perelmuter answered on Dec 7, 2018

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... Read more »

1 Answer | Asked in Child Custody, Divorce and Immigration Law for Ohio on

Q: conditional green card received 2 month back through marriage now filling divorce with a 4 month old baby

so i received my green card through marriage around 2 months back and we broke up now we have a four month old baby, so if i file for divorce what is the possible way i can still have the valid green card, and can i take the shared physical custody of the child and stay here or what is the best way... Read more »

Yanky Perelmuter answered on Nov 19, 2018

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.

2 Answers | Asked in Immigration Law for Ohio on

Q: I read Trump wants to take citizenship away from babies that are born in the US to foreign parents.

How likely is that to happen during this presidential term?

Matthew Williams answered on Nov 18, 2018

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.

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1 Answer | Asked in Immigration Law for Ohio on

Q: My fiance is an immigrant in Italy originally from Ghana. What is best way to bring him here to the USA?

Yanky Perelmuter answered on Sep 28, 2018

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... Read more »

1 Answer | Asked in Immigration Law for Ohio on

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

And now I have 7 month not with her

But we both decide to back to eat other

My question is that will be hard to get ten years green card

Matthew Williams answered on Aug 8, 2018

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... Read more »

1 Answer | Asked in Immigration Law for Ohio on

Q: Will someone here on a visa who gets a traffic ticket get deported?

Carl Shusterman answered on Jun 29, 2018

No, a traffic ticket is not a crime, and is not a ground for deportation.

2 Answers | Asked in Immigration Law for Ohio on

Q: Am I a dual citizen?

I was born in the Philippines to an unmarried US Citizen Dad and Philippine citizen mother. I have my US citizenship now, a US Consular Birth certificate of being born abroad and currently reside in the US. I was wondering if I still had my Philippine citizenship. I have done nothing to renounce... Read more »

Carl Shusterman answered on Jun 28, 2018

Probably not. You need to contact the closest Philippine Consulate to inquire.

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1 Answer | Asked in Immigration Law for Ohio on

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 answered on Jun 28, 2018

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...
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2 Answers | Asked in Immigration Law for Ohio on

Q: When applying for a K1 visa, do I need to list an arrest that led to juvenile diversion and has since been expunged?

I am trying to file for a K1 visa. It states that I need certified copies of police and court records of any offense I was arrested for. When I was a teenager I was arrested for petty theft. I was put into juvenile diversion and did not have to appear in front of a court. The records have been... Read more »

Carl Shusterman answered on Jun 28, 2018

Yes, you do. You can ask the Court where you were convicted for your Records of Conviction, expungement, etc.

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1 Answer | Asked in Immigration Law for Ohio on

Q: My asylum application was denied 10 years ago and I'm in order removal . I married a woman whose been granted asylum

How she can help me to stay legally

Carl Shusterman answered on Jun 26, 2018

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...
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2 Answers | Asked in Immigration Law for Ohio on

Q: Can a Filipino Citizen marry an American citizen while they are in the U.S. on a tourist visa?

Yanky Perelmuter answered on Jun 25, 2018

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.

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2 Answers | Asked in Divorce and Immigration Law for Ohio on

Q: I can wait to complete 5 years since my last DUI. If I divorce my spouse now will it effect my citizenship process?

Can you also take up my case for citizenship and how much it costs?

Carl Shusterman answered on Jun 9, 2018

We cannot quotes fees online. Schedule a legal consultation.

Carl Shusterman

www.shusterman.com

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1 Answer | Asked in Criminal Law, Divorce, DUI / DWI and Immigration Law for Ohio on

Q: I am on green card since 2004. I have few Dui's. Last one in Dec 2014. Can I apply for Citizenship now ?

I also want to divorce my Citizen spouse (got citizenship based on my employment) in next few weeks. Will divorce also complicates me applying for Citizenship ? Do I have to wait for 5 years since my last DUI to apply for Citizenship ?

Carl Shusterman answered on Jun 9, 2018

It would probably be best to wait until you have no DUIs during the past 5 years before you apply for naturalization.

1 Answer | Asked in Immigration Law for Ohio on

Q: Dear Sir/Madam, I would like to know more about my Immigration case,

I would like to know more about my Immigration case, I wen to the State 2013 as Refugee Via the UN from Turkey, we as family stated in USA for Seven Month and for some reason we must return to Turkey ( family Problems ) since 3 years we are in turkey and want to go back to the sate but we don’t... Read more »

Carl Shusterman answered on Jun 7, 2018

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.

2 Answers | Asked in Immigration Law for Ohio on

Q: Can a student on F-1 post completion OPT claim unemployment if losing the job was not their fault at all?

Would this be a ground for inadmissability in future green card applications?

Carl Shusterman answered on Jun 4, 2018

No, I do not believe that you would be eligible for unemployment benefits.

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1 Answer | Asked in Immigration Law for Ohio on

Q: Can i Use Company A I -140 for H1b transfer from Company B to Company C?

I got a job offer in company B with the H1b sponsored by Company B using the I-140 from Company A. Company B has said that my GC application will be started after a year.

Meanwhile if i get an offer from company C. Can I move to Company C without I-140? If not so can i use the I-140 issued... Read more »

Carl Shusterman answered on Jun 4, 2018

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

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