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Ohio Immigration Law Questions & Answers
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... View More

Carl Shusterman
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

1 Answer | Asked in Immigration Law for Ohio on
Q: Can you still.apply for citizenship if you have hiv
Carl Shusterman
Carl Shusterman
answered on Jun 2, 2018

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...
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1 Answer | Asked in Immigration Law for Ohio on
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
Carl Shusterman
answered on Jun 1, 2018

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.

1 Answer | Asked in Immigration Law for Ohio on
Q: Applying for H1B visa transfer while another transfer is pending

I Worked with Employer A ( with approved H1B ), then i joined employer B with pending H1B transfer application( with I-797 receipt, not an approved 797). In a few months, while H1B transfer was still under processing, i receiver offer from Emplyer C. Is it fine if i ask employer C to apply for H1B... View More

Carl Shusterman
Carl Shusterman
answered on May 25, 2018

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.

1 Answer | Asked in Immigration Law for Ohio on
Q: Full time masters while H1B renewal is pending

My H1B is undergoing renewal(expected to be approved in sept 18). Now I have an admit for an masters program in USA but in a state different from my work location. My company is ready to give me leave of absence but the H1B approval decision will come in September 2018 but my program starts in Jul... View More

Carl Shusterman
Carl Shusterman
answered on May 16, 2018

You cannot stop working for your H-1B employer while your extension of status is pending. And because you have an approved I-140, you probably will not be able to get F-1 student status. Schedule a consultation with an experienced immigration lawyer.

1 Answer | Asked in Immigration Law for Ohio on
Q: A friend is coming to the US to do some consulting - what kind of visa does she need?
Carl Shusterman
Carl Shusterman
answered on May 10, 2018

More information is needed in order to answer your question. Your friend should schedule a legal consultation with an experienced immigration attorney.

2 Answers | Asked in Immigration Law for Ohio on
Q: I am a US Citizen over 21 I want to apply for my mom would she need a i-601 waiver?

This December will be 10 years since she left the US she was not deported. If she doesnt need a waiver do I have to wait until December to start the process?

Carl Shusterman
Carl Shusterman
answered on May 8, 2018

You can sponsor her for a green card immediately. After December, she will be able to immigrate to the US without an unlawful presence waiver.

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1 Answer | Asked in Immigration Law for Ohio on
Q: I am 21 years old and I became a citizen through my parents when I was 17.Do I have to get a certificate of citizenship?

I would rather get a passport because its more affordable than the certificate of citizenship. I was told that I can get a passport I just need my original birth certificate which I have and my parents marriage certificate which I also have but its not an original its just a copy. Am I able to just... View More

Carl Shusterman
Carl Shusterman
answered on Apr 25, 2018

Yes, you can apply for a passport since it is much less expensive than a Certificate of Citizenship. You will need to submit certified copies of the all the essential document (e.g., your birth certificate, your parent's marriage certificates, etc.)

1 Answer | Asked in Immigration Law for Ohio on
Q: I received my green card sponsored by my employer. Can I quit my job to pursue an opportunity with an other employer?
Carl Shusterman
Carl Shusterman
answered on Apr 25, 2018

You can if you received your green card more than 60 days ago.

1 Answer | Asked in Immigration Law for Ohio on
Q: Hi...I'm U.S green card holder and i have a canadian refugee boyfriend there is anyway we can get married

His case is still on the process

Carl Shusterman
Carl Shusterman
answered on Apr 25, 2018

You can marry him and sponsor him for a green card. However, the process will take 18-24 months.

1 Answer | Asked in Immigration Law for Ohio on
Q: Do I have to report a dismissed charge for us citizenship application/documents?
Carl Shusterman
Carl Shusterman
answered on Apr 25, 2018

Yes, you need to do so.

Crimes That Temporarily Bar Applicants From Citizenship

Some crimes make a person only temporarily ineligible for citizenship. If, after the date you committed the crime, you wait out the same number of years that you must have to meet your permanent...
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1 Answer | Asked in Immigration Law for Ohio on
Q: Me and my wife on pending asylum case from last 4 years have son born in US. Green card Options?

Can we get green card when he will turn to 10 or is there any other options?

Yanky Perelmuter
Yanky Perelmuter
answered on Apr 3, 2018

A United States citizen over the age of 21 can petition for the permanent residency of their parents. Without more information it is difficult to say if there are any other options. You should speak with a competent immigration attorney to explore your best options.

1 Answer | Asked in Immigration Law for Ohio on
Q: does it mean that my citizenship application has been denied?

Passed my test , I have a misdemeanor since 2013 with shoplifting and provide all court details and everything . They told me we will mail you our decision by mail . Cause the supervisor

Yanky Perelmuter
Yanky Perelmuter
answered on Apr 2, 2018

Not necessarily. You will have to wait and see what the decision says. There are many possibilities.

1 Answer | Asked in Immigration Law for Ohio on
Q: What is the possible outcome for marrying my fiance on a valid travel visa?

I am a US Citizen located in Ohio. My fiance and I have been together for about 2 years. He was in the states on an L1 work visa and hated his job and decided to quit. We had discussed the option of getting married to stay together but with the time constraint he had to leave within 60 days to stay... View More

Yanky Perelmuter
Yanky Perelmuter
answered on Mar 28, 2018

The K1 visa is your best option for having your fiance join you here in the United States. You can apply for the K1 and then when he arrives you will get married within 90 days of his entry. It is important to know that getting married is considered a legitimate activity on a visitor visa.... View More

1 Answer | Asked in Immigration Law for Ohio on
Q: Our lawyer says that USCIS is behind on work permit forms is that true?
Yanky Perelmuter
Yanky Perelmuter
answered on Mar 28, 2018

Yes. It has been taking an extended period of time to receive a work permit from USCIS.

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Ohio on
Q: Do taxpayers have the right to sue the US Govt. For taxpayer monies spent on illegal immigrants?
Yanky Perelmuter
Yanky Perelmuter
answered on Mar 26, 2018

Technically yes. However, filing a lawsuit requires showing particular injury. This is a hard standard to meet when suing the government in that it is difficult to show that you specifically have suffered a particular and personal injury. Additionally, suing the government requires consent by the... View More

2 Answers | Asked in Immigration Law and Gov & Administrative Law for Ohio on
Q: Is it okay to finish filing for the petition without a lawyer? He won't be taken will he?

I'm petitioning for my spouse to stay, I'm in the process of filling out an I-130 form on citizenpath.com. I'm to the part where I have put in that he is an overstay and has never left the country since, we have two children together. His overstay started in 2005, I had gotten... View More

Matthew Williams
Matthew Williams
answered on Mar 5, 2018

You really need to work with an attorney on this. That amount of time out of status could become a real problem for you.

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1 Answer | Asked in Immigration Law for Ohio on
Q: What I need to file for a unlawful presence waiver
Yanky Perelmuter
Yanky Perelmuter
answered on Feb 26, 2018

This is a very case specific question. The document requirements for each unlawful presence case will be different depending on the circumstances. You should contact a local immigration lawyer that can evaluate your case and give you the best recommendation.

1 Answer | Asked in Immigration Law for Ohio on
Q: My friend is here under asylum from Iraq and now has her green card. How long will it take for her husband to get Visa?

Husband is still in Iraq and applied 2 years ago and hasn't gotten any updates. How long will this take? He hasn't seen his wife or kids for 4 years.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Feb 13, 2018

Did your friend file a visa petition for her husband? Depending on the process, it certainly seems reasonable to expect that her husband would be her by now.

We recommend that you consult with an attorney.

1 Answer | Asked in Immigration Law for Ohio on
Q: I recently married abroad. I returned to the us and got sick. How long do i have to file a i130.
Yanky Perelmuter
Yanky Perelmuter
answered on Feb 12, 2018

There is no timetable for how long you must file the I-130. You may file the I-130 anytime after you are married.

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