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Russell Reid Abrutyn
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Russell Abrutyn’s Answers

540 total


  • Am I facing Immigration deportation?

    I'm an alien resident and I was arrested on May 2008 for possession of controlled substance (khat) in Dearborn, MI. I don't know if khat is considered a control substance under Dearborn City Law; same for federal. It's been seven years since I w...

    Russell’s Answer

    USCIS is supposed to make a decision within 120 days of your interview. If they don't, you can seek relief in federal court. Before you do that, though, you need to have an experienced immigration attorney review your criminal and immigration history to advise you on whether you are eligible for naturalization or are subject to detention and deportation.

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  • F1 married US citizens

    I am a F1 visa now. I am going to get married on Aug 28 . After I will file AOS package. Should I still full time student while I 485 is pending? Should I take less than full time until I485 approve? When I should let school know i adjust of statu...

    Russell’s Answer

    Whether you can or should maintain lawful status in the U.S. and the consequences of doing or not doing so requires a review of your immigration history, immigration goals, and a discussion with you. If you want an answer to these questions, you should consult with an attorney.

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  • H1 Visa for Engineers

    Hi please let me know how to get H1 visa, I'm Engineer by profession and Pakistan citizen currently working in Dubai - UAE. I have a US visit visa. i want to live and work in US. Please let me know the possibilities.

    Russell’s Answer

    First, you need to find an employer to sponsor you. Second, the employer needs to sponsor you for a job that meets the H-1B requirements. Third, you need to meet the requirements for an H-1B. Fourth, unless the job is exempt from the annual H-1B cap, the employer will have to wait until April 1, 2016 to place your name in the lottery for an H-1B beginning October 1, 2016.
    There are other employment-based options besides an H-1B, so you and your employer should consult with an experienced immigration law attorney.

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  • Can someone with H4EAD work in the US as an active partner of a partnership based in India.

    Does H4EAD allow a person ,who is a partner of a partnership firm in India, but is currently living in the US, work here actively in the US ,on behalf of the Indian partnership ? Will this jeopardize the GC process in the future for the person o...

    Russell’s Answer

    Given the potential consequences of violating your status, I recommend that you consult with an immigration attorney so the attorney can review the immigration history and future immigration goal of the H1B and H4 as well as the details of the proposed employment arrangement.

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  • Are there any requirements or properties which have to be in my employment sponsored green card

    I recently got a job in a big store. I worked over there as programmer because I have bachelor degree in computer science. Also, I have F2 visa because my husband studies at University.

    Russell’s Answer

    F2s need a work permit to work. I assume you have one.
    There are many different employment-based green card categories. There are advantages and disadvantages to each one. Pursuing any of these options could affect you and your husband's ability to gain admission in F1 or F2 status. Consult with an experienced immigration law attorney.

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  • How can I get green card?

    I have two kids who were born here in the United States as well i have F2 visa?

    Russell’s Answer

    Immigration law is quite complex so you need to consult with an experienced immigration law attorney to find the best path to a green card. Keep in mind that F2 is a nonimmigrant status and you have to maintain nonimmigrant intent. If your intent is to reside here permanently, you could be denied admission in F2 status.
    Also, your children have to be 21 to sponsor you for a green card.

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  • Can I apply for citizen ship with a misdemeanor in my background?

    I was arrested for a misdemeanor in 2014, can I apply for citizenship? I was not jailed , but was fined; $250. I got green card through marriage which did not worked out and got my permanent green card after divorce.

    Russell’s Answer

    Your immigration and criminal history need to be carefully reviewed before someone can tell you whether you can apply for naturalization and what the risks would be. Depending on the circumstances, applying for naturalization could trigger deportation proceedings. Speak to an experienced immigration law attorney as soon as possible.

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  • Immigrant visa available based on family forth preference. I have H1b visa and live in the U.S., How can I get my green card?

    Hello, My aunt filed for green card for my father and his family years ago based on F4 category. The visa became available recently and my parents are coming to the U.S.. I am already in the U.S. based on H1b visa. I was wonder if I have to go bac...

    Russell’s Answer

    If you are eligible to immigrate as a derivative beneficiary of your aunt's petition, you can either apply for an immigrant visa at a U.S. consulate abroad or apply for adjustment of status in the U.S. It is unclear from your facts whether you are eligible for either or both, and which one is better to pursue. There may also be timing considerations such that if you do not act within a certain timeframe, you could lose your eligibility to immigrate. You need to speak with an experienced attorney right away.

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  • Can i include my daughter when i apply to remove conditions from my green card while she is abroad but will be joining us soon?

    I got married to my husband in 2013 and got my permanent residency in the same year. My husband then petitioned for my daughter who is 14 years old and living abroad. The petition was accepted and she was issued an immigrant visa in May this yea...

    Russell’s Answer

    If your daughter is admitted as a conditional resident more than 90 days after you received your conditional permanent resident status, she will need to file an I-751 petition within 90 days of the expiration of her two year conditional resident status.

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  • Applying for H4 EAD, have valid H4 stamping and valid H1B petition

    My wife came to US in Nov'14 through H4 and the H4 visa stamping is valid till Feb'17. Also, in Apr'15, she reinstated her H1B (only 1 yr was used) and now has a valid H1 till 2016. So, now if I want to apply H4 EAD for her (based on my I140 which...

    Russell’s Answer

    It would depend on whether she is in H-4 status and is complying with the conditions of her H-4 status.

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