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Carl Michael Shusterman
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Carl Shusterman’s Answers

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  • When can I start applying for US residency through my husband?

    I am currently doing a Conrad 30- J1 waiver program after completion of my training on a J1 visa. Waiver Lawyer paid by employer. Husband is US citizen and I am planning to apply for US residency though my husband rather than work.

    Carl’s Answer

    Wait until you complete your 3-year waive program to have your husband sponsor you for a green card. Please see

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  • Listing of the beneficiary's step children on the I751 form?

    We have been married almost 2 years now, getting ready to file my I751 paperwork.Though I am not sure if I have to list my husbands daughter from a prior relationship in the form where the info for children is required.

    Carl’s Answer

    Yes, you should list your husband's daughter on form I-751.

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  • I am on F1 OPT-EAD until December 2016. Can I apply for TPS?

    I am from Nepal and TPS for Nepal expires on 24 December 2016. My OPT-EAD also expires on the same day.I want to apply for TPS without EAD because I already have OPT-EAD. I am thinking of future as there might be possible extensions of TPS. Since...

    Carl’s Answer

    Assuming you and your spouse both meet the criteria for TPS, you can both apply.

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  • Would the form I-485 be denied because of my dismissed charge of shoplifting? How to increase the chance to pass interview?

    I was cited and charged by misdemeanor C(shoplifting 300$), but no arrest, no fingerprint. AND I plead no guilty in the court. The case was dismissed by the motion of prosecutor(dismissed with prejudice) after I finished the 56h community ser...

    Carl’s Answer

    No, this should have no effect on your I-485 application. Please see

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  • I am asylum seeker and now I am waiting for interview. I want to apply for advance parole document.

    I am asylum seeker and now I am waiting for interview. I want to apply for advance parole document. In this regards, do I have to pay application fee for form i-131? or can I wave this fee? who can wave application fee for i-131 form?

    Carl’s Answer

    Being an applicant for asylum does not provide you with an opportunity to travel internationally using Advance Parole. Please see

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  • Do you have to maintain f1 visa status while you are in TPS status?

    Do you have to maintain f1 visa status while you are in TPS status? The reason I am asking this is because if i maintain F1 status and continue studying I will finish my degree in 12 months and the TPS is for 18 months. I need to apply for OPT wit...

    Carl’s Answer

    If you want to get OPT after graduation than you need to maintain your F-1 status. Please see

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  • I am applying for asylum after the one year period. I was legally here throughout my period in the USA. What are my chances?

    The reason why I am applying for asylum was not because of something that happened after I came here but more because of something that happened before I entered the United States. I know I should have applied as soon as I came in but other things...

    Carl’s Answer

    Not necessarily. If you were legally here in the US, you probably fit within an exception to the one-year requirement. Please see

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  • I have a B1/B2 visa for 10 years & am planning to make multiple trips over next one year. Will it be a problem at port of entry.

    I am a Physician, planning on studying further in USA. My visits to USA are from July 2015 to Jan 2016 for my USMLE step 3 exams. Then from Jan 2016 to May 2016 for a paper presentation at a conference. Then finally in June 2016 on an H1B or J1 vi...

    Carl’s Answer

    You can use the B1/B2 visa to take USMLE, Step 3, do your presentations and observerships and visit your brother. However, if you plan to study in the US (Kaplan?), make sure to do so on a F-1 student visa. Please see

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  • What are the effect of getting an F1 visa and not enrolling for the applied course

    I am on a visitor visa(B1/B2) to US. I have scheduled an appointment for F1 visa . If I am get an F1 visa and I decide not to do the course how will it affect my visitor visa. Also will it affect my future F1/H1 visa apllication

    Carl’s Answer

    You need to be a full-time student if you get an F-1 visa. If you don't plan to do that, forget about getting an F-1 visa. Not doing so will screw up your immigration status big time.

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  • Is TPS a good idea?

    I'm a Nepalese National. Have been on an OPT in the US for the last 1.5 years. So technically eligible for TPS. I'm an actor and was in the process of applying for an O-1 visa but found out about the TPS in the last few days. As I understand O-1 w...

    Carl’s Answer

    Remember, O-1s are only for persons of extraordinary ability. If you qualify, you can apply. However, you don't need to meet this standard to get TPS and an EAD.

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