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Karin Wolman's Answers
- 363 Legal Answers
- 1 Legal Guide
1
Attorney answers:
Green card holder applying for a US citizenship with separate DUI and Possession of Marijuana charges
The fact that these offenses are defined as misdemeanors under state penal law is irrelevant: the definitions of crimes that can render you deportable or inadmissible are determined under immigration law, which is very different from the state penal law definitions. Immigration law defines a "conviction" as any admission of facts constituting the elements of the offenses, whether you are convicted by a criminal court or not, so the very first step in analyzing the possible impact of criminal...
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5
Attorney answers:
Married to a US citizen for more than 4 years when can i apply for citizenship
I am surprised by the extent to which the other answers above have ignored the information you posted, as you stated clearly that you are already a Conditional Resident, that you have been married for four years, and that your husband was in the US Navy. The first and most important deadline to note, since you have been in the US for less than 2 years, is that you must file the I-751 Petition to Remove Condition of Residence on time, i.e. within the 90 days before the 2-year anniversary of...
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4
Attorney answers:
I am looking to get a green card and I'm married to a U.S. Citizen? I have 6 misdeminors do I still have a chance?
Actually, while all of the above comments are correct, the most serious issue may arise from the restraining order. I would strongly advise you to obtain Certificates of Disposition of all offenses, as well as any evidence of how you entered the United States, and meet with an immigration attorney in person to reivew what options may be available to you.
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3
Attorney answers:
Will my current visa become void if i am 'out of status' while i wait for the result of my extension of stay application?
If the application to extend your stay is timely filed, before your I-94 expires, then while the application is pending you may be considered "out of status," but not "unlawfully present" - However, if the application is denied, then you will become Unlawfully Present, which automatically renders the visa in your passport on which you last entered the country void by operation of law, under INA 222(g). A visa is not a status document once you are inside the United States; it is only an entry...
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5
Attorney answers:
After AOS interview 5 months passed-No decission yet
You don't need to go to federal court just yet. To try & shake this case loose, start by making another InfoPass appointment to follow up: the NY District now has an automatic review policy where they pull the A-file to trouble shoot your case and see why it is still pending if two or more InfoPass inquiries have not resolved it.
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2
Attorney answers:
How soon can I apply for citizenship?
You will be eligible for naturalization three years after becoming a Conditional Resident, and may file your application 3 months before that (at 2 years & 9 months) IF at that time you are still married to and living with the US citizen spouse through whom you obtained residence - and assuming the other requirements of continuous residence, cumulative physical presence and good moral character are also met. If you and the sponsoring US citizen are no longer together at that time, then you will...
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Attorney answers:
Could someone working on a h1b visa in a job related to his field of study also work part time as a real estate agent?
I second what Elaine said, and would caution even more strongly. The essence of H-1B classification is that the nature of the job is that the occupation itself normally requires a related college degree for entry-level work, and work as a realtor does not typically meet this description. Labor regulations governing payment of the prevailing wage require that H-1B workers must be paid a minimum amount as salaried employees, with all applicable payroll taxes withheld - payments entirely...
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4
Attorney answers:
How can I get a US passport outside the country?
You did not say WHEN you naturalized, nor on what basis, but this really matters: Anyone who naturalized through military service after November 24, 2003 faces possible revocation of their US citizenship based on post-natz misconduct or failure to serve honorably in the military for an aggregate of five years. If you naturalized as a civilian under INA Section 316 or 319, then you are not subject to this revocation.You need to consult an attorney.
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2
Attorney answers:
How to apply for work status as a nonprofit organization for 2 non residents to fill the positions of Chief Executive and CTO.
You need to consult one-on-one with an immigration attorney: relevant factors include the duties and salaries for the offered positions, where your company is located, the educational credentials & nationality of the two non-residents, whether or not they have any ownership stake in the US company, where they are now, and their past visa status or lack thereof during any stays in this country.
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Attorney answers:
Where to get notarized statement?
I would want to know more about why your wife does not want to go forward with the green card process before just telling you to make your statement and get it notarized. I recommend that you meet with an attorney to discuss this in detail before you go for consular processing. FYI, at the bank branch where you have an account, your bank's customer service desk will typically provide the services of a notary public.
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