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Russell Reid Abrutyn
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Russell Abrutyn’s Answers

511 total


  • I-485 Adjustment of Status, and I-601 Application for Waiver of Grounds of Inadmissibility

    I filed I-130 for my daughter in 2012 and it was approved in 2013 and in July 2015, an immigrant visa became available for her priority date. She is unmarried, under 21 years of age and lives with me. I am a lawful permanent resident. The I-797...

    Russell’s Answer

    Some J-2s are subject to a two year home residency requirement. If this applies to your daughter and if she does not obtain a waiver of the requirement, she would have to spend two years in her home country before she can apply for lawful permanent resident status. A lawyer can help you figure out if it applies.
    Assuming she is not subject to this requirement, she may not need an I-601 waiver. A lawyer can review her paperwork and tell you whether she is subject.
    If she has been unlawfully present for more than one year, under proposed rules she could apply for a provisional waiver to get the waiver before she leaves. These rules have been proposed but have not been finalized yet.
    There are other ways to avoid needing a waiver but that would require her to travel outside the U.S. These are complicated so you should work with an attorney.
    There are several different ways for your daughter to proceed - it is important that you speak with an attorney to make sure she picks the best one for her.

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  • My boyfriend is from Jordan. Process?

    He has his visa interview August 6th. If approved he will come to Michigan....this will be our first time physically meeting. If we get married...how can we do this without a social security card and ID? And how does that work with him being on a ...

    Russell’s Answer

    It is not necessarily visa fraud to come to the U.S. to get married, but it could create serious problems if he is applying to come as a visitor while possessing the intention to not leave at the end of his stay. There are right ways and wrong ways to do this. You should speak with an immigration attorney to make sure you do this the right way. The wrong way could result in your boyfriend being permanently barred from immigrating to the U.S.

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  • Can I change from J1 or Tourist visa to H2B without leaving US?

    Should i do the process with agency or lawyer?

    Russell’s Answer

    Having a lawyer is very helpful, even more so when you are inexperienced with this type of legal issue. If you file the wrong thing, file in the wrong place, or make even a little mistake, it could cost you a lot of time and money and result in your deportation.

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  • How can I prove proof of Legal for U.S. Passport?

    I am supposed to traveling next week, My passport is on hold because I need proof of entry, My family came to the U.S. in 1973, I was 2 yrs. Old at that time, I have an Alien number but lost the Green Card and Passport years ago, My mom became a C...

    Russell’s Answer

    You can obtain your immigration file through the Freedom of Information Act but this can take 2-3 months. You can make an InfoPass appointment with U.S. Citizenship and Immigration Services to get proof of your status or if no appointments are available, you can go in on a walk-in basis if it is an emergency. Also, your Congressperson or Senator can help.
    There is not enough information to determine whether you automatically acquired citizenship upon your mother's naturalization. The laws in effect in 1979 are different from the ones in effect now.

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  • Is it a problem that I included this information on my immigration paperwork?

    My spouse had a case with immigration before. He got an A# but never went to the US or was issued a visa. The i-130 asks for the A#, so I included it. My lawyer at the time didn't object. Well, I got a brand new lawyer and he says that I should NO...

    Russell’s Answer

    You should always honestly and completely fill out the forms. Withholding information or including incorrect information could cause additional problems. You should be wary if your attorney is telling you to answer the forms incorrectly.
    If your husband has an A#, it could mean that his past interaction with the immigration agencies could cause him problems when he tried to immigrate now. It is important that your attorney review his immigration history to try to prepare for this possibility.

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  • I-485 Application to Register Permanent Residence

    I am a U.S. permanent resident and I filed I-130 for my daughter 18 months ago which has been approved. She is still under 21 years of age. I asked a question about when she could file her I-485 about an hour ago. Some of the attorneys who kindl...

    Russell’s Answer

    It does not sound like she can file the I-485 but with a creative strategt she may be able to leave the U.S. to apply for an immigrant visa without needing a waiver. You should speak to a lawyer so you avoid making a mistake that could harm your daughter.

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  • I-485 Application to Register Permanent Residence or Adjust Status, priority date, and cut-off date

    My child submitted I-485 to USCIS, together with a filing fee of $1,070 and required document. But it was returned because they said the "priority date does not appear to be current." I am a US permanent resident (a green card holder) and I file...

    Russell’s Answer

    I agree with my colleagues. It is good that USCIS returned the money instead of taking it and denying the application. Are you sure your son meets the requirements for adjustment of status once his priority date becomes current?

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  • If my husband got a interview in juazes can they keep him in Mexico since he come to the USA without authorization?

    My husband came to the USA without authorization and we are trying to get his green card. Can they still take him if they decide to at his interview in juazes

    Russell’s Answer

    If your husband is inadmissible to the U.S. or will be after he departs, and if he does not get the waivers that he needs, he will be unable to return to the U.S. until the bars on his return expire. Some bars never expire and others expire after a period of years. For example, if he has been unlawfully present in the U.S. for more than one year, his departure will trigger a ten year bar on returning. Depending on his circumstances, he can apply for a provisional waiver for this bar before he departs so that if he leaves, he will not be subject to this bar. Before he leaves or you proceed any further with your husband's case, it is critical that you speak with an experienced immigration attorney so that you and your husband know exactly what consequences he will be facing when he leaves and what he can do to minimize them.

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  • Multiple entry with B1 status to US and duration of stay each time.

    I am B1 visa holder with Multiple entry permit and valid for 10 years. I got visa last December and visited US in January for the first time and got 6 months approval at the port of entry, and I stayed for 4 and 1/2 months for the training at ...

    Russell’s Answer

    Are you sure you have not engaged in unauthorized employment? You should obtain independent legal advice because your company may not have your best interests in mind.

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  • I have a friend wih italian passport. He came here as a tourist. He is liking this place and he wants to stay.

    What kind of visa he needs to apply to stay here. He can find a a sponsor, or an employer, or a business visa that he can open a business. What s more easy. Please need help

    Russell’s Answer

    If he came under the Visa Waiver Program, he cannot apply to change or extend his status. If he came this way and qualifies for a different type of visa, like a long-term employment-based nonimmigrant visa or permanent resident status through employment, he may have to leave the U.S. to obtain the new visa abroad. If he came with a B1 or B2 visitor's visa, then he may be able to change, extend, or adjust his status, depending on the details of his immigration history and his eligibility for a different immigration status. He should consult with an immigration attorney to help him find the best path.

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