New York Immigration Legal Questions

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468 legal questions have been posted about immigration by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include asylum, green cards, and consular law. All topics and other states can be accessed in the dropdowns below.
New York Immigration Questions & Legal Answers - Page 11
Do you have any New York Immigration questions page 11 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 468 previously answered New York Immigration questions.

Recent Legal Answers

when

Answered 8 years and 5 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
If you wish to remain in the US, you would likely have to file for another extension of your status even though the current application is still pending. Otherwise you may be in the unenviable position of having an approval which does not extend up to the date that you are still staying in the US.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More
If you wish to remain in the US, you would likely have to file for another extension of your status even though the current application is still... Read More

Can my 19 year old daughter sponsor her siblings and I for green cards?

Answered 8 years and 6 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Immigration
The daughter has to be 21 to sponsor family members.
The daughter has to be 21 to sponsor family members.
You may amend your application at the time of the interview. Bring with you certificates of disposition.
You may amend your application at the time of the interview. Bring with you certificates of disposition.

Is there any way to deport him back to India after leaving my daughter and I?

Answered 8 years and 6 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Immigration
Only US government can make a decision to deport.
Only US government can make a decision to deport.
You need to speak with an attorney regarding your J1 2-year residency.
You need to speak with an attorney regarding your J1 2-year residency.
Once Lawful Permanent Resident status is granted, use of an unexpired previous nonimmigrant visa may be treated as legal abandonment of Permanent Resident status.
Once Lawful Permanent Resident status is granted, use of an unexpired previous nonimmigrant visa may be treated as legal abandonment of Permanent... Read More

Can he stay here in the US longer than in the Philippines if I130 was approved?

Answered 8 years and 6 months ago by attorney Alena Shautsova   |   2 Answers   |  Legal Topics: Immigration
He might be able to qualify for an adjustment if status. Consult with an attorney.
He might be able to qualify for an adjustment if status. Consult with an attorney.
Approval of a Form I-130 Petition for Relative Alien does not, by itself, authorize presence in the U.S. or entry into the U.S. Moreover, it (as well as your marriage itself) can demonstrate "immigrant intent," i.e. an intention to remain in the U.S. permanently, which could make him ineligible to re-enter the U.S. with the B1/B2 visitor's visa I presume your husband already has. There really is no substitute for you and your husband to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read More
Approval of a Form I-130 Petition for Relative Alien does not, by itself, authorize presence in the U.S. or entry into the U.S. Moreover, it (as... Read More

Can I apply for green card lottery for my cousin?

Answered 8 years and 6 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Immigration
No. Only your cousin can.
No. Only your cousin can.

What can I do to help my boyfriend stay here if his visa is expired?

Answered 8 years and 6 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Immigration
He would need to file a police report about his papers. If you guys are not going to get married, you cannot help him really.
He would need to file a police report about his papers. If you guys are not going to get married, you cannot help him really.
If you cannot go there, maybe he can move here. You guys can get married and you can sponsor him.
If you cannot go there, maybe he can move here. You guys can get married and you can sponsor him.
You appropriately recognize that correct and precise identification of names can be essential for success in an immigration application. While it may be possible to initiate a name change application in the Superior Court in the county in which you and your wife reside, that is unnecessary. Your wife has the option of identifying your last name as hers following marriage, but in the immigration application process she should clearly show that she also has been known by her maiden name (as reflected on her birth certificate, and presumably as reflected on the marriage license). It is unnecessary for Social Security records to be updated prior to completion of a marriage-based adjustment of status application process. Identification of names is just one of many topics that can be significantly more complex than it may appear just from reading the instructions on the immigration forms and reading the immigration statute itself. Errors can cause significant delays or even more harsh consequences. It would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read More
You appropriately recognize that correct and precise identification of names can be essential for success in an immigration application. While it... Read More
If you are single but over 21 the process will take a long time. You can check with the Visa Bulletin.
If you are single but over 21 the process will take a long time. You can check with the Visa Bulletin.
Did you live in the US at some point? You may try filing for an F visa, but if you stayed here for a long time illegally, you are likely to be denied, even though due to your age you are not subject to a permanent bar.
Did you live in the US at some point? You may try filing for an F visa, but if you stayed here for a long time illegally, you are likely to be... Read More
If he signed the paperwork and physically left, there have to be some very serious reasons to re-open his case, and the motion has to be filed within 90 days usually.
If he signed the paperwork and physically left, there have to be some very serious reasons to re-open his case, and the motion has to be filed within... Read More
You can apply for her for an F visa if she qualifies and pay the full tuition and upon completion of her studies, she will have to return to Jamaica.
You can apply for her for an F visa if she qualifies and pay the full tuition and upon completion of her studies, she will have to return to Jamaica.
You actually have to leave immediately unless you will be applying to reinstate your status.
You actually have to leave immediately unless you will be applying to reinstate your status.

Can a US citizen parent petition her/his child over 21 of age out of status?

Answered 8 years and 6 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Immigration
Yes, but based on that petition their son or daughter will not be able to get a green card unless they qualify for an exception.
Yes, but based on that petition their son or daughter will not be able to get a green card unless they qualify for an exception.
Once they leave, the i 485 will be considered abandoned. They will need to apply for an Immigrant visa, but you will also need to inform the NVC about it.
Once they leave, the i 485 will be considered abandoned. They will need to apply for an Immigrant visa, but you will also need to inform the NVC... Read More
Significantly more information is needed in order to provide a legal analysis of what may need to be done and when it should be done. That might include, for example, in what family-based visa category was the I-130 filed? is the beneficiary located in the U.S.? is a visa "currently available" in the applicable category? Etc. There really is no substitute for you to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read More
Significantly more information is needed in order to provide a legal analysis of what may need to be done and when it should be done. That might... Read More

Do I qualify to sponsor someone and what is the exact process?

Answered 8 years and 6 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Immigration
I am afraid it is not possible. You would need to show that you have money to pay such a person a prevailing wage that a US worker would get and that you could not find a worker in the US to do the same job.
I am afraid it is not possible. You would need to show that you have money to pay such a person a prevailing wage that a US worker would get and that... Read More

Would a terminated F1 affect me to apply for other visa in the future such as F1 or B?

Answered 8 years and 6 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Immigration
It might since when you applied for this F1 you confirmed you will be a full-time student.
It might since when you applied for this F1 you confirmed you will be a full-time student.
It will take about 8 months, but the exact time depends on many factors. It will cost in filing fees and other associated expenses (not attorney's fees) about $1200.
It will take about 8 months, but the exact time depends on many factors. It will cost in filing fees and other associated expenses (not attorney's... Read More

Can get an e2 visa after I have been deported?

Answered 8 years and 6 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Immigration
I am not aware of any waiver that would allow you to come back. Sorry.
I am not aware of any waiver that would allow you to come back. Sorry.
It is not recommended to travel before you become a green card holder; even if you have an advance parole.
It is not recommended to travel before you become a green card holder; even if you have an advance parole.