Alex Meyerovich's Answers

Is there any liability financially in sponsoring an immigrant into the U.S.

If your husband files an affidavit of support for his brother and his brother becomes a US legal permanent resident based on this affidavit of support, then he may become financially liable for the expenses incurred by any Federal, State or local agency, or a private agency that provided any covered means-tested public benefit to your brother-in-law. Such agency may ask your husband to reimburse it for the amount of the benefits it provided. If your husband fails to make the reimbursement, the...

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Does an illegal alien automatically become a citizen upon marriage to a U.S. citizen

Although I agree with the answer provided by my colleague, there are citizenship venues available to a person who entered the US without inspection ("EWI"), i.e. illegal undocumented alien. Such types of waivers are very case specific and you should consult an immigration attorney to discuss your circumstances. Once a waiver is granted, an alien may reenter the US legally and eventually file for the US citizenship. Generally, an undocumented illegal alien may file for a waiver based on a...

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My asylum has been pending for for than two years when I applied I was a minor

There is not enough information to give you an answer that would allay you anxieties, however it does not appear that your case was approved yet. It appears to be still pending and no final decision has been made. If your case is outside of the immigration court and is denied, you are likely to be able to argue your case again before the immigration judge. If you cannot afford an immigration lawyer I suggest to contact individual attorneys or organizations in New York that provide free legal...

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Are immigration fees tax deductible

The correct answer would depend on the status of the taxpayer and the type of visa. Petitioning employer's legal fees in hiring an employee are likely to be a deductible expense; however employee's legal fees are likely to be a personal non-deductible expense. Generally, legal fees and immigration fees in connection with the adjustment of status (green card) are personal expenses and are not tax-deductible. A probable exception would be an E-1/E-2 or EB-5 visa, where costs of obtaining visa...

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Can the person in the scenario I am describing below be deporte if immigartion arrests her?

Generally, having U.S. citizen child does not prevent deportation. However, depending on the circumstances of this particular case this person may qualify for a cancellation of removal, a discretionary relief available to an alien in removal proceedings who 1) Has continuously resided in the United States for at least ten years; and 2) Has been a person of good moral character throughout this time; and 3) Is not otherwise subject to criminal bars arising from a conviction of any crime...

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L2 visa - EAD & I 485, I 765

I-765 is an Application for Employment Authorization (http://www.uslegalvisa.com/en/immigration_forms.html). I-766 is an actual Employment Authorization Card. L-1 visa holders can file for a green card and you might be eligible for the permanent resident status as a derivative. However, as a spouse of L-1 visa holder, you may file for the employment authorization independently. Please contact an experienced immigration attorney to discuss specifics of your case and your eligibility for an...

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How much is goping to affect me these factors when I apply for my citizenship?

Pursuant to Immigration and Nationality Act section 324(b), the Naturalization process requires that you prove good moral character for a period of not less than five years immediately preceding the date of filing an application for naturalization and up to the time of admission to citizenship. Currently, USCIS does not consider bad credit by itself a manifestation of a poor moral character. However, a criminal record that may accompany drafting a bad check would negatively impact eligibility...

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Is there a difference between a legal separation and a divorce? Can you file single on income tax after a legal separation?

The determination of whether an individual is married shall be made as of the close of his taxable year. An individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. IRC § 7703 (a)(1)-(2). As soon as your separation agreement becomes final you can file as single for that tax year. Please contact an attorney has experience in both marital and tax matters to discuss possible issues with your particular case. The...

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What happens when immigration marriage fraud is detected and the immigrant is deported? Is the marriage null & void?

The correct answer is likely to depend on the state where an annulment or divorce action will be adjudicated. Generally, annulment will be granted if there was a fraud at the onset of relationship or marriage is invalid, i.e. marriage to a minor or bigamy, etc. If you are a US citizen and the USCIS (immigration service) has already proved the fraudulent intent by an alien spouse and this spouse has already been deported for this immigration violation then you might be able to use this fact as...

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If I marry my boyfriend who is a U.S. citizen can he petition for me to obtain citizenship

Unfortunately, there is no easy answer to this question. The DREAM Act was never passed by the Congress and the options are very limited. However, they do exist. There are citizenship venues available to a person who entered the US without inspection ("EWI"), i.e. illegal undocumented alien. The first is a waiver. If you entered US illegally, marriage to the US citizen does not by itself entitles you to a permanent resident status and you need to seek a waiver. Such types of waivers are very...

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