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Shachar S. Malachovsky

Shachar Malachovsky’s Answers

128 total


  • 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.

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  • 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.

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  • 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.

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  • 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!

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  • Can a legal permanent resident travel to Canada without a passport?

    I am an LPR with valid green card. I will be travelling to Canada for one week. My passport has expired. Can I travel to Canada and go back to the US without my passport?

    Shachar’s Answer

    You will need a valid passport or reentry permit.

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  • Does the sponsor for my husband have to be a relative??

    My friend is willing to sponsor my husband but we are middle eastern and she is african-american

    Shachar’s Answer

    I am assuming you are asking about a joint sponsor for a marriage based green card case. . . if this assumption is correct then the answer is that your husbands joint sponsor does not have to be a relative it could be anyone who is over 18 years old and is either permanent resident card or a US Citizen and meets the minimum threshold amount on his/her income. You must still be his sponsor and provide an affidavit of support even if you have no income or little income. I would urge you to consult with an immigration attorney to help you with this case.

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  • I will renew my Green Card soon, and I have a very large amount in credit cards debt. Is it going to affect my Green Card?

    These debts are all past due and going to collection, and I have no way of making payments at the moment. Can I loose my Green Card because of this? I'm also my husband's sponsor on his green card. Would these debts affect him also?

    Shachar’s Answer

    • Selected as best answer

    Credit Card Debts including past due debts will not affect your green card status or your husband as his sponsor.

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  • I am a US citizen my husband living in india... we approved i130 yesterday what happening next ... my H got an indian nationalit

    mr and mrs singh

    Shachar’s Answer

    You should be receiving an email from the national visa center requesting payment for the next step. . . once you pay online you will print out the the bar code cover letters for the I-864 affidavit of support proof of payment and the visa DS230 (or Electronic DS260). You must properly prepare the the I-864 and the DS230/DS260 with all the supporting documents including many originals. Once the case is submitted and reviewed it will be sent to the consulate and they will contact your husband for the medical exam and interview. However, I would urge you to contact an experienced immigration attorney to help you prepare these documents properly and guide you throughout the process.

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  • What should I put for my mother's employment on question 15 of I-130?

    I am a US citizen filing for my mother who is a Mexican citizen. She lives in Mexico and has no visa to the US. Does question 15 only pertain to if she was currently in the US and had a job here or should I go ahead and include the name and addres...

    Shachar’s Answer

    Question 15 on the I-130 is about employment in the USA. I would urge you to consult with an experienced immigration attorney because a properly filed case can make a big difference between smooth sailing and delays and between denial and approval. Good Luck!

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  • I'm a LPR since February, 2011. I Acquired my LPR through marriage in the city of NYC. after a couple months of living there, i

    I'm a LPR since February, 2011. I Acquired my LPR through marriage in the city of NYC. after a couple months of living there, i decided to move to NJ around October, 2011. at that time, i was understood that i had to file a "change of address". i ...

    Shachar’s Answer

    When you filled out the AR-11 you gave them the address you moved to in NJ, if you moved once more you give them that last address in NJ. Whether you move to a different state or just move to a different address inside the same state you should fill out an AR-11 with the newest address.

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