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Carl Michael Shusterman
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Carl Shusterman’s Answers

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  • Can I get a J1 or H1 visa since I am( asylum pending)? Can I take the J1 or H1 from inside the U.S.A? How can I do that? Thanks

    Hello, I am on asylum pending. I work as a physician. I will start working after few months. My visa status is already expired( it was B1). Can I get a J1 or H1 visa since I am( asylum pending)? Can I take the J1 or H1 from inside the U.S.A? How ...

    Carl’s Answer

    Since you are not in nonimmigrant status, you will have to go outside the US to obtain H-1B status (J status is not an option since you intend to permanently reside in the US). As a physician, you must have taken and passed all 3 parts of the USMLE in order to qualify for H-1B status. Please see below:

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  • What is her options now? Can she apply for waiver of inadmissibility.

    A friend of mine is married to a US citizen. They got married last year March his wife is a UK National. The week that she was due to fly out to see him he suffered a cardiac arrest and was in a coma. She spent 5 weeks at his bedside and decid...

    Carl’s Answer

    Telling a lie to come to the US makes one inadmissible due to fraud. It will be difficult if not impossible to overcome this. She should meet with an immigration attorney.

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  • Is it a good time to apply for naturalization?

    My mom is LPR.she filed immigrant petition for my bro who is in India he is under F2B category.His PD is NOV8th2011 .Now my mom eligible to apply for citizenship.Now I'm in confusion if she applies for citizenship he will fall under F1 category t...

    Carl’s Answer

    No problem with your mom applying for naturalization. Under CSPA, your brother can easily "opt-out" of the 1st preference category and return to the 2B category after she become a US citizen.

    Please see below:

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  • We were wondering she can continue being in the country past 2/4 even if we have not got the received confirmation from USCIS.

    My wife filed for an H-4 (form I-539) yesterday - 2/2/16 (via my company's attorney). She is currently on H1-B but is going to lose her job on Thursday - 2/4/16. I am on an H1-B and have also started my PERM process. Since the dates are c...

    Carl’s Answer

    Since she submitted a timely application for a change of status, there is nothing for her to worry about.

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  • Can I be grandfathered in as a child of a permanent resident (under 21) even though I'm no longer 21?

    My dad got married to my lovely stepmom a few years back and received his green card. My sister and I were under 21 at the time of adjustment but we did not submit applications to adjust our undocumented status. Can we be granfathered in as deriva...

    Carl’s Answer

    I am assuming that your step-mom is a US citizen. You would have to be under 18 when she married your father, and under 21 when she submitted a visa petition on your benefit for you to adjust your status as her immediate relative. Please see below:

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  • Green card petition

    My wife filed a petition for me for a green card application(adjustment of status). On all the required forms I placed the A# that I had from when I was a F1 student when I filed a I-765 as a student. I now received the notification receipt from U...

    Carl’s Answer

    You should notify the USCIS that they have mistakenly issued you another number.

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  • International travel w 6 months left on h1b

    hi I'm hoping for some help please. I left the US 4 years ago, when I had about 11 months left on my 6 year H1B. Since then, I have come back to the US about once a year on a tourist visa, and stayed upto even 6 months. This time, I came in on ...

    Carl’s Answer

    As long as your visa is valid, you can use it to travel abroad and reenter the US.

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  • Can a deportation record affects immigrating to another country?

    Hi, I am currently in the US, and my country of origin is Philippines. I had a complicated immigration situation in the last 4-5 years. Before my immigration status got complicated i was able to obtain a work permit (employment authorization c...

    Carl’s Answer

    If you plan to immigrate to Canada, I do not believe that this is possible if you remain illegally in the US. If you want to immigrate to another country, you need to consult with an immigration lawyer from that country.

    Good luck!

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  • How can I transfer my permanent file of a transferred pending asylum case from one office to another ?

    I have a pending asylum application and I am still waiting for a scheduled interview. For a reason, I transferred my case from Miami to Houston office at the beginning of the last year. A few days ago I checked with Houston office about the case. ...

    Carl’s Answer

    That is the job of USCIS not yours. I don't you need to do anything else. Please see below:

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  • Today mark the 75 days anniversary of my first initial work permit base on asylum pending.

    the uscis website says, applicants are still permitted to follow up by telephone with the National Customer Service Center (NCSC) regarding EAD applications that have been pending for 75 days or longer. today my ead is now spending for 75 days, an...

    Carl’s Answer

    It usually takes 90 days for an EAD to be approved. You can make an inquiry now, but you may be wasting your time. Please see below:

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