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Carl Michael Shusterman
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Carl Shusterman’s Answers

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  • How long do we have to be married before i can apply for a green card? does common law marriage count?

    I came to the us illegally when i was 2 years old i know am a daca recipient and Ive lived with my husband for 2 years we got married though just on december 17 2015 and we have a daughther shes 1 year old

    Carl’s Answer

    Your spouse can sponsor you immediately after you marry if she is a US citizen. Have a regular, not a common law, marriage.

    Please see below:

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  • Do we fill the I-485 now or do we wait until the family member is paroled into and is physically present in the US?

    Let us now have the same scenario as described in another case but still under the Haitian Family Reunification Program (HFRP) ( priority date for beneficiary: October 2010. In the Visa bulletin, there are two dates: 15MAY09 for APPLICATION FINAL ...

    Carl’s Answer

    A person who is not physically present in the US cannot file an application for adjustment of status.

    Please see below:

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  • We want to get married but i don't know if that can help him to stay with me ?

    Good morning i m clementine i have a question about my boyfriend we want to leave together But the thing is that he's student from a other country i don't want him to go back what should i do so he can stay here with me?

    Carl’s Answer

    If you are a US citizen, once you get married to him, you can sponsor him for a green card.

    Please see below:

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  • I have a TPS from El Salvador. Can I travel to Hawaii without any issues? Only with my TPS and my driver's license.

    I'm a TPS holder (El Salvador) and my husband and I want to go to Hawaii for our honeymoon. We got married in 2013 but we postponed a nice trip for our honeymoon until after we were settled in Florida. Now we have filed for adjustment of status bu...

    Carl’s Answer

    Yes, travel within the US while on TPS is not a problem.

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  • How long should we wait to file for divorce? And do I-751 waivers easily get approved?

    I have a question regarding divorce and conditional/permanent residence. My husband (citizen of Mexico) and I married in July 2015 and he was recently granted conditional residence here in the U.S. in February 2016. However, our relationship has g...

    Carl’s Answer

    When to divorce is a personal decision. If you are willing to write an affidavit for your husband concerning your marriage, this will make the I-751 process much easier for him. Please see below:

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  • Can I continue my green card, if I am outside of US more than three years

    I am having the green card and don't want to return to US for more than three years, can I still continue with green card

    Carl’s Answer

    A reentry permit will allow you to remain outside the US for up to 2 years. You may be able to return to the US before the end of the 2-year period in order to obtain a 2nd reentry permit.

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  • Does a PERM filed before J-1 obtained signify immigrant intent?

    I've been on a J-2 visa and work at an employer who has been working on getting me a green card. We've filed a PERM that is soon to be processed but my J-2 is now expiring and I'm contemplating leaving and coming back on a J-1. (not subject to two...

    Carl’s Answer

    A PERM application may be result in a denial of a J visa application since you are supposed not to have the intent to remain the US permanently.

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  • What will happen when he goes to court? Will he go to jail and get deported?

    My boyfriend has two DUI priors. They are about 5 years apart. He was put on probation and is paying the court fines. He doesn't have a driver license and is a illegal immigrant. Today he got pulled over due to a headlight not working. He got his ...

    Carl’s Answer

    When you attend a removal or deportation hearing before an Immigration Judge, make sure that you walk into the courtroom accompanied by the most experienced and knowledgeable deportation defense attorney that you can find. Why? Because the government will be represented by an attorney who has probably appeared in hundreds, or even thousands, of deportation hearings.

    Please see below:

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  • Can i submit a asylum app to buy time?

    If I send my asylum application but I resettled in another country before entering US, do they send the docs back or the problems comes when it is time for the interview...? I was persecuted in venezuela so I moved to Peru for 4 years because my ...

    Carl’s Answer

    If you have come to the US seeking protection from persecution but have “firmly resettled” in a third country, you are ineligible for protections under asylum, withholding of removal, and Convention Against Torture.

    However, because what constitutes “firm resettlement” is complex, it is important for you to consult an experienced immigration attorney before moving forward.

    Please see below:

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  • I would like to know if we can both summit our applications at the same time. My wife for her citizenship and for my green card?

    I am a individual with a Daca status who just got married to a United States permanent resident. I am looking to obtain a green card and in the time given a U.S Citizen. I understand that my wife needs to become a U.S citizen before she can help m...

    Carl’s Answer

    You should wait until your wife becomes a US citizen. Then, she can sponsor you for a green card.

    Please see below:

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