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Russell Reid Abrutyn
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Russell Abrutyn’s Answers

656 total


  • Should an F-1 student with a valid EAD card apply for the OPT in order to maintain his legal status and work after graduation?

    Hi, I am a F-1 student (Originally from Nepal and applied for TPS after the catastrophic earthquake) in an US university. I have obtained the Employment Authorization Card under the category C19. It will be valid for one year and may be renewed. ...

    Russell’s Answer

    If you worked on an EAD issued through TPS, you may have violated your F1 status. If you violated your F1 status in the past, or if you fall out of status in the future, then your family's F2 statuses will end and they will lack permission to lawfully reside in the U.S. You need to straighten this out with your DSO or an attorney.

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  • Can I apply for change of status from h4 to f1 and h4 extension together??

    I am currently studying on h4 visa and I want to change my status from h4 to f1 in fall 2016. For that I may have to apply in april 2016. But my h4 is going to expired in sept 2016. Can I apply for both h4 extension and change of status to f1?? ( ...

    Russell’s Answer

    You can file both but it both are approved it could complicate your plans because you could go from H4 to F1 and back to H4. You need to work with your attorney to make sure everything happens in the right order.

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  • Can I eligible by CSPA as a F4 derivative?

    My maternal uncle filed F4 petition for my mom and her family on 30 april, 2003. And the petition got approved in 6th August, 2009. The upcoming month's priority date for f4 category is 22 april, 2003. I think, our priority date will be current in...

    Russell’s Answer

    It sounds like you are CSPA eligible, meaning that your CSPA immigration age should be less than 21, although I cannot say for sure without reviewing the documents. It is important that you take timely action because you can lose your CSPA eligibility through inaction.

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  • Should I enter the address in the U.S. or my spouses address for the past 2 years? Under "employer name" should I list myself?

    I am a permanent resident and I am applying for citizenship (currently completing a N400 form). My spouse is also a permanent resident but has been outside the U.S. for the past two years with a re-entry permit (form I-131). Form N400 asks about ...

    Russell’s Answer

    Your attorney should be able to help you answer these questions. If you do not have an attorney, this is a good reason why having one is worth it, because you do not want to put incorrect or inaccurate information on your form as that can result in a delay or even the denial of your application.

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  • Lost my personal copy of asylum application.

    My asylum application is already under process. I have passed my 150 days. I want to add my wife on my application. Unfortunately the digital copy of my asylum application has been corrupted and i dont have any hard copy back up. Is it possible ...

    Russell’s Answer

    You can obtain a copy of your asylum application from your attorney. Otherwise, you can request one from the USCIS through the Freedom of Information Act (FOIA). It can take about 2-6 months to receive a response from FOIA.

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  • Can anyone give me some guidance regarding this matter...would reapplying make a difference for me now?

    i was an F-1 Visa student at a University back in 2001 when 245 i was made law. while going to school i was working on the campus in the men's dormitory...and i ask my boss the Dean of the Dorm to fill out the labor certificate in order to get i...

    Russell’s Answer

    You should consult with an attorney because there may be options available to you to get a green card.

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  • Am I going to get deported the US if I file divorce?

    I am permanent resident , I just got my green card couple months ago by immediate relative status by my wife. My wife is US citizen. We have been married for year and we have baby. We are at the serious stage of divorce.

    Russell’s Answer

    You will not lose your green card and get deported just because you get divorced from your wife. However, you could be deported if you do not file a petition to remove the conditions on your permanent resident status (I assume you have the 2 year conditional resident status) and if you cannot prove that you qualify for a waiver of the requirement that this petition is filed jointly with the U.S. citizen spouse.
    You show retain an experienced immigration law attorney to help you through this process to make sure that your rights are being protected at every stage of the process.

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  • Would it save money or facilitate process to file AOS and visa petitions for my stepchildren along w/ petition for my husband?

    I'm a US citizen and my Colombian husband's I-130 was approved, so now we need to apply for his visa. We want to petition for his two younger children to immigrate as well (ages 9 and 19, but the 19-year-old was 17 when we married), but we are tig...

    Russell’s Answer

    Even though the children we listed on the I-130 you filed for your husband, there are no derivative beneficiaries for immediate relatives, including spouses of U.S. citizens. You need to file separate I-130 petitions for each child. When the child turns 21 or marries, the child will no longer be an immediate relative and will have to wait several years before becoming eligible for a green card ( possibly as long as 5-15 years). Steps need to be taken to preserve the child's age as under 21 for immigration purposes.
    Also, it would be inappropriate and possibly cause serious long-term problems for someone to come to the U.S. as a visitor with the intention of applying for lawful permanent resident status.
    You should hire an attorney to help you through this so you do not make any mistakes in the process.

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  • Can I apply k 3 visa depend on child even my file in nvc .if yes how long will take .?

    My file form i-130 at NVC for alien relative but its seem normal processing . There is no expatiated my case almost 2 years . My husband now in a foreign country and his situation is hard due The crisis in his homeland . He is in Djibouti more tha...

    Russell’s Answer

    As you can see, navigating the immigration process can be complicated. You would be well-served by hiring an experienced attorney to help you and your family through this process. Asking repetitive questions on a public forum will not help you and will only serve to prolong your separation from your husband.

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  • Does the i-130 form immediate relative alien 201 sent to nvc without approval . Im citizen and my daughter too . wat i v to do

    I apply for my husband and his case in nvc one week ago ...he has a visa ready from his father at embassy where he is now .. But he doesn't to complete his old one cuz he is married and we have a baby born here in u.s ..my case taken almost 2 year...

    Russell’s Answer

    I recommend that you speak with an attorney so the attorney can review all of the paperwork and help you and your husband reunite.

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