Skip to main content
Shachar S. Malachovsky

Shachar Malachovsky’s Answers

134 total


  • Filing for divorce with a marriage based green card? Best options

    I have been married since December 2010 and my wife obtained a marriage based green card. She has been here before the age of 16, has a job and is attending community college. Our marriage is genuine, however we have recently gotten into major dis...

    Shachar’s Answer

    You should consult with a divorce attorney about the divorce and harassment issues. As for her green card it depends if she has the permanent 10 year card or 2 year conditional card. If she has the 2 year conditional card and you work things out and are still together you file jointly within 3 months of the expiration of the card. . . if you are no longer together she needs to file a good faith marriage waiver AFTER the divorce and prove the marriage was in good faith. If she has the 10 year permanent card her green card is not affected. However, in either scenario if you guys get a divorce she would only potentially be eligible for US citizenship via naturalization after 5 years with a green card rather then the faster 3 year eligibility through a spouse.

    See question 
  • Would I need a joint sponsor ?

    I received RFE letter from uscis for my tax rtn 2014, I'm using my income to combine with my spouse for my filing, however I didn't started working until Dec 15, 2014 so I didn't get a W2 to file income tax rtn. Would I need a joint sponsor in th...

    Shachar’s Answer

    Your income may not be eligible as it depends on a number of factors such as if you had employment authorization and your continued legal employment etc. If you already submitted your income and they sent you an RFE it sounds like they want a co-sponsor. I would suggest you contact an immigration attorney to review your income documents and the RFE and asses your options.

    See question 
  • N400 barcode issue

    I read on the USCIS site that the N400 application has to be submitted with the barcode showing on each page. I tried chrome and safari on my macbook and then I tried IE and firefox on my windows machine. In each case, I never saw a barcode. What ...

    Shachar’s Answer

    Try using a PC . . . if you don't have a PC you can go to a local library or retailer like fed ex or staples or office depot they usually have PC's you can use. I find some of my clients that use apple products have difficulties with the forms from the USCIS.

    See question 
  • After AOS interview, IO said we will "most likely" be approved but handed us a letter saying further review needed.How long now?

    We had our AOS interview in the downtown Los Angeles office yesterday. Husband and I were a little nervous beforehand because we are young (I am only 22, and he is 21) and our relationship developed very quickly. I am an F-1 student and I met him ...

    Shachar’s Answer

    Usually you get a decision between 2 weeks to 2 months. We cannot guess what the officer is thinking and what will happen after they review the case but usually if they told you that it would most likely be approved then it usually is.

    See question 
  • About green card

    i am overstayed immigrant. I came through proper inspection and then somehow overstayed. My girlfriend is a green card holder. Can I get a green card or at least adjust my status by marrying her?? Looking forward for the reply. Thank you

    Shachar’s Answer

    A green card holder petitioning for a spouse is a considered a category instead of an immediate relative. This means a visa/green card is not immediately available and the current wait time is almost two years. However during this time you will not have ANY immigration rights such as employment authorization, travel authorization nor does it grant you right to be in the USA. So when the visa is available and you are overstay your case will be denied. However if when your wife gets her US Citizenship then the overstay is exempt. I would urge you to contact an experienced immigration attorney to discuss in detail the timing and best options to move forward.

    See question 
  • I-864 joint sponsor part 5 (household)

    Hello, I have a question about filling out the Form I-864. Long story short my husband is my petitioner but unfortunately he falls just under the poverty guidelines. Therefore my aunt who has no dependents will help us fill a I-864 as a joint s...

    Shachar’s Answer

    You would count just the joint sponsor (your Aunt) and the beneficiary (yourself). Please note that if your aunt the joint sponsor ever sponsored anyone else and they are not yet a US Citizen then you would count them as well. That being said you should have an experienced immigration attorney prepare or at least review your documents so as to submit them properly and not to cause any unnecessary issues such as delays, rejections or requests for additional evidence etc.

    See question 
  • Green card: mother to child

    My mom is currently a green card holder, can she petition a green card for me? If yes, how long would it take since I'm 18 years old and her biological child?

    Shachar’s Answer

    There are a lot of questions that need to be answered to give you a complete answer to your questions. If your mom is a green card holder and she petitions for you before you turn 21 the category is F2A and currently they are looking at cases in August 2013 so its almost 2 years wait. However if you are in the USA without status and your case is current meaning your turn is up then being without status will cause your case to be denied. However if your mom petitions for you as a US citizen then even if you are our of status you will be able to adjust for a green card. There are a lot of scenarios because we need to know when will your mom be eligible for citizenship and if you are in side the USA or outside and if in do you have status. You should consult with an experienced immigration attorney so they can guide you in the right direction.

    See question 
  • Got ticket from transit police for not having a ticket on the light rail, but lost it. How do i pay it now? Immigration impact?

    This happened about 2 years ago. I misplaced the ticket and forgot about it. I called NJ transit they said the Newark Municipal court would know better, or if there was a warrant issued. Im concerned now because I want to file my citizenship appli...

    Shachar’s Answer

    You should hire an attorney to check if there is a warrant for your arrest on the ticket and resolve this matter as soon as possible. If the matter is resolved without any criminal plea (either a dismissal or traffic violation) then you can contact an immigration attorney to prepare your US Citizenship/Naturalization application. If there is a warrant for your arrest you will have issues for your citizenship application.

    See question 
  • Can I apply for a green card?

    I have lived in the USfor 14yrs. Went through middle school all the way to Master's here in Texas. My parents and brothers are residents (I didn't qualify since I was 21at the time). Currently working with OPT and will be able to renew for one mor...

    Shachar’s Answer

    From the information you have provided I do not see basis for a permanent residence petition/applications. That does not mean you don't have one and its best to consult with an attorney to see if there is more information that you didn't provide. That being said Usually there is either a family or employment basis for permanent residence. Assuming you have been here without status since the age of 14 and now you are over 21 that means you are probably inadmissible and are barred for 10 years unless you have a qualifying immediate relative that is a US Citizen petitioning for you in your case the only available qualifying immediate relative is a US Citizen spouse or a US Citizen that is your child and over 21. . . an employment basis is not available to you because of being out of status for over 6 months. You may be eligible for DACA deferred action for childhood arrivals and should speak with an experienced immigration attorney to discuss this option.

    See question 
  • I WANT TO DIVORCE 6MONTHS BEFORE MY GREEN CARD EXPIRED. CAN I LEAVE AND WORK IN ANOTHER STATE? WHAT HAPPENS AFTER MY GC EXPIRED?

    I CAN'T LIVE WITH HER ANYMORE. I WANT TO DIVORCE AND LEAVE TO ANOTHER STATE TO WORK AND LIVE. CAN I? OR AFTER 6 MONTHS THAT MY GREEN CARD EXPIRED I HAVE TO LEAVE THE US?

    Shachar’s Answer

    You really should consult with an experienced immigration attorney as soon as possible so you know all your options. That being said once you are divorced you will need to file an I-751 petition waiver with a lot of supporting evidence that your marriage was based in good faith. You must file before the card expires and can file as soon as the divorce is complete but there is strategy on how best to file again an experienced immigration attorney can help with this. Also keep in mind that before you leave your household and the state your living in now you may need lost of evidence so again talk to an experienced attorney. You can also read my article on good faith waivers after divorce. Good Luck!

    See question