Shachar S. Malachovsky’s Answers

Shachar S. Malachovsky

New York Immigration Attorney.

Contributor Level 11
  1. Can one travel within the United States while deferred action is pending? A week after the biometrics? Is it safe? ie: Arizona

    Answered almost 2 years ago.

    1. Giacomo Jacques Behar
    2. Shachar S. Malachovsky
    3. J Charles Ferrari
    4. Alexander Joseph Segal
    5. F. J. Capriotti III
    6. ···
    6 lawyer answers

    Unless you have an approved DACA traveling is still a risk. Flying or traveling by bus or train from one state to another and by car in certain states like Arizona is a risk because you are without status at the moment and ICE officers can randomly question you on public transportation about your status which could lead to detention or removal proceedings (even with a DACA receipt).

    Selected as best answer

  2. If a US citizen hasn't filed taxes, does he still need to prove income even if there is also a co-sponsor?

    Answered almost 2 years ago.

    1. J Charles Ferrari
    2. Shachar S. Malachovsky
    3. Alena Shautsova
    4. Luis Raul Scott Jr.
    4 lawyer answers

    Your husband the petitioner must also file an I-864 affidavit of support even with a joint-sponsor. If he did not file taxes he files back taxes or must give adequate reasons that he wasn't required to file for example he did not meet the minimum threshold required to file. I would urge you to contact an experienced immigration attorney to guide you through this process.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Is it possible to get working visa in NY when your tourist visa is expired?

    Answered almost 2 years ago.

    1. Shachar S. Malachovsky
    2. J Charles Ferrari
    3. Miroslava Orduno Rincon
    4. F. J. Capriotti III
    4 lawyer answers

    If you are out of Status for more than six months then you would only be able to change your status through an immediate relative/US Citizen (Spouse, Child over 21,) or if the a New law is passed such as the Law that is being debated for Immigration Reform.

    Selected as best answer

  4. If a person has a green card and gets in trouble with the law, then what happens?

    Answered almost 2 years ago.

    1. Anu Gupta
    2. Shachar S. Malachovsky
    3. Michael Hugh Carlin
    4. Giacomo Jacques Behar
    5. Jesse Evans-Schroeder
    6. ···
    7 lawyer answers

    It depends on what he was arrested for and convicted for. If it is a Crime Involving Moral Turpitude (CIMT) or an Aggravated Felony (AG) he may be deportable. If he was arrested more than once he may be deportable. He should consult with an experienced immigration attorney and bring his criminal dispositions with him.

    6 lawyers agreed with this answer

  5. I received an email from NVC that the case was completed and wait for interview. How long for an interview to be scheduled?

    Answered over 1 year ago.

    1. Shachar S. Malachovsky
    2. Dean P Murray
    3. Daniel Patrick Hanlon
    4. J Charles Ferrari
    4 lawyer answers

    It depends on the consulate but it could be a few weeks to a few months.

    5 lawyers agreed with this answer

  6. Hi..how long does it take after marrying a foreigner in florida to travel to travel the united states with her???? -Thank you

    Answered about 3 years ago.

    1. Shachar S. Malachovsky
    2. Patrick Caston Crowley
    3. J Charles Ferrari
    4. Neil Ian Fleischer
    4 lawyer answers

    It depends on her status. If she is already out of status for more than 6 months or more than 1 year and travels abroad she will be inadmissible for 3 -10 years and probably will not be able to get a green card. If she is out of status and travels in the United States she is taking a risk of being questioned by an ICE agent at an airport and may be deportable. It also depends on when you petition/apply for a green card case. There are many questions you must answer to give you a clear...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Adjustment of Status based on K1 visa - I received an RFE asking to provide proof of legal name change via court. Is this right?

    Answered over 1 year ago.

    1. Karen-Lee Pollak
    2. Shachar S. Malachovsky
    3. Alexus Paul Sham
    4. J Charles Ferrari
    5. Elizabeth Diane Alvarez
    5 lawyer answers

    You would submit the marriage certificate again with a detailed explanation that you changed your name during the marriage as reflected by the marriage certificate only. I had a case where the husband took the family name of his wife and the immigration officer questioned if they were related. Because the name change from a husband taking a wife's family name is not often seen it will probably work out for the best if explained.

    Selected as best answer

  8. How is the length of stay determined for a B1 Visa?

    Answered about 2 years ago.

    1. Shachar S. Malachovsky
    2. Samuel Patrick Ouya Maina
    3. Obadan Unuigbojie Iziokhai
    4. Alexander M. Ivakhnenko
    4 lawyer answers

    Any time you enter the USA with a B1 Visa the immigration officer that inspects you has the discretion of how long of a stay you are allowed up to 180 days and if you can enter in the first place. When you leave the USA prior to your expiration of status then you May be allowed in the next time you want to enter depending on the discretion of the immigration officer. The immigration officer inspecting you may way the time you were last in the USA along for your reasons for the visit to...

    Selected as best answer

  9. I Filed I-751 with California Service center. Have received no response yet. How long does it take?

    Answered almost 2 years ago.

    1. Karen-Lee Pollak
    2. Alexander Joseph Segal
    3. F. J. Capriotti III
    4. Shachar S. Malachovsky
    5. Tripti Sharad Sharma
    6. ···
    7 lawyer answers

    If its more then 30 days then there may be a problem. Also how did you send the case (regular mail or certified or fed ex etc)? its always best to send by mail were you can track that it was delivered. Lastly if there was something wrong with the check or a fundamental part of the case they may be sending the case back. I would urge you to consult with an experienced immigration attorney as you should be prepared to resend the case.

    6 lawyers agreed with this answer

  10. Mother's application for b2 extension denied due to failure of submitting required documents. Best to leave asap?

    Answered about 3 years ago.

    1. Shachar S. Malachovsky
    2. Neil Ian Fleischer
    3. C. C. Abbott
    3 lawyer answers

    If you meant that her I-94 expires December 22nd 2011 then she is already accruing illegal status. If she accrues 180 days of illegal status she will be considered inadmissible for 3 years. If she accrues 1 year or more days of illegal status she will be considered inadmissible for 10 years. If she leaves the USA now while she is out of status for less then 180 days, she may or may not be allowed to enter again as a visitor even if her Visa expires in 2015. There may be other options but...

    6 lawyers agreed with this answer