Russell Reid Abrutyn’s Answers

Russell Reid Abrutyn

Troy Immigration Attorney.

Contributor Level 12
  1. Naturalization through marriage. Will receive greencard through asylee status. If backtracked one year? What's the wait time?

    Answered about 1 month ago.

    1. Russell Reid Abrutyn
    2. Aggie Rachel Hoffman
    3. F. J. Capriotti III
    3 lawyer answers

    Generally speaking, because of the 1 year roll back provision for asylee adjustments of status, the real time wait for naturalization eligibility is one year less. However, if you are married, it may affect your eligibility for permanent resident status if you received asylum as a derivative beneficiary of your mother's application. You should speak with an attorney because there is a solution to this issue if it applies to you. Also, there are other requirements specific to the expedited...

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  2. What issue's am I going to run into by moving back to Canada from the U.S. after 25 years of living in the U.S. ?

    Answered 3 months ago.

    1. Russell Reid Abrutyn
    2. Stephen D. Berman
    3. Ralf D. Wiedemann
    4. Samantha J. Ball
    5. Altin Nanaj
    5 lawyer answers

    You should speak with a Canadian immigration attorney about your ability to enter or remain in Canada. You should speak with a Social Security attorney about that issue. I believe there is a treaty between the US and Canada so it might be transferrable, but you will want to talk to someone experienced in that. You should consult with a U.S. immigration attorney about the consequences of abandoning your U.S. permanent residence (which is what I assume you have) and the steps you can take to...

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  3. IS it possible to get an RFE for Appeal request submitted for H1B rejection?

    Answered 4 months ago.

    1. Russell Reid Abrutyn
    2. Jeff L. Khurgel
    3. Alexander M. Ivakhnenko
    3 lawyer answers

    It is certainly possible to receive an RFE. During the appeal or motion to reopen process, the USCIS online case status information page does not always provide reliable information, such as because the system is not updated when it should be or because the boilerplate information provided by the system does not fully encompass the unique developments that occur during an appeal or motion. You cannot get accurate legal advice on this site because it is not designed for that. You need to...

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  4. PETITION FOR FAMILY LIVING OUTSIDE USA

    Answered 3 months ago.

    1. Russell Reid Abrutyn
    2. Elisheva G Mosko
    3. Michael Hugh Carlin
    4. Alexander M. Ivakhnenko
    4 lawyer answers

    Parents of adult U.S. citizens are "immediate relatives," which means that there are an unlimited number of green cards available and there is no waiting list. On the other hand, there are a limited number of green cards available each year to siblings of U.S. citizens and there is a lengthy waiting list, though this might change in the future. See here for the new Visa Bulletin: http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2014/visa-bulletin-for-february-2014.html....

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  5. My I-20 is terminated. Can I be included to my husband asylum case which is not approved yet?

    Answered 7 months ago.

    1. F. J. Capriotti III
    2. Russell Reid Abrutyn
    3. Christian K. Lassen II
    3 lawyer answers

    The answer to your question depends on the details of you and your husband's immigration cases. You should consult with an attorney to get specific advice.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Re-Opening an immigration Case

    Answered 8 months ago.

    1. Russell Reid Abrutyn
    2. Michael Hugh Carlin
    3. Alexander Joseph Segal
    3 lawyer answers

    There are time and number limits for filing a motion to reopen but there are also exceptions as well, including exceptions relating to a claim for asylum and new evidence. There are requirements that have to be met before an exception will apply, so you should speak to an attorney and not delay in pursuing your case.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Can I travel abroad and reenter US with my green card if i was convicted for Misdemeanor Charge 750.540e Malicious use phone

    Answered 9 months ago.

    1. Russell Reid Abrutyn
    2. John Grayson Davidson
    3. Giacomo Jacques Behar
    4. J Charles Ferrari
    4 lawyer answers

    To properly evaluate the immigration consequences of a conviction, an attorney needs to review the complete copy of the court records, police reports, and transcripts as well as obtain pertinent information about your immigration history. The most that can be said now is that it your conviction could make you inadmissible and therefore you could be detained and placed in removal proceedings when you return. But this might not be the case, it would depend on the specific facts of your...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Do I owe any back taxes?

    Answered 4 months ago.

    1. Russell Reid Abrutyn
    2. Alexander Joseph Segal
    3. Cynthia Beth Rosenberg
    3 lawyer answers

    This is a question better presented to a tax expert and criminal defense attorney. As a general matter, tax violations can carry civil or criminal penalties, and certain tax convictions could trigger deportability. A competent tax professional with experience in representing foreign nationals might be able to help you recover unclaimed tax credits for the years before you adjusted status that could offset any penalties that you owe. 245(i) is a penalty provisions that excuses certain...

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  9. MY husband was told he was ineligible for visa under section 221g , does that mean he can not come to live with me?

    Answered about 1 year ago.

    1. Russell Reid Abrutyn
    2. J Charles Ferrari
    2 lawyer answers

    If the USCIS approved the I-130 petition but the consulate has doubts about the bona fides of the marriage, it can be a complicated process to convince the consulate that the marriage is in fact bona fide. The consulate may return the petition to the USCIS for revocation. If the visa petition is revoked, then it would eliminate your marriage as a basis for your husband's immigration to the U.S.

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  10. I am looking for immigration attorney intelligent enough to recognize complicated details related to my case,

    Answered 8 days ago.

    1. Alexander Joseph Segal
    2. Michael Hugh Carlin
    3. Russell Reid Abrutyn
    4. Mani Khavajian
    5. Gunda Johanna Brost
    5 lawyer answers

    Yes it may be possible for you to immigrate but you will need to obtain a waiver.

    4 lawyers agreed with this answer

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