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Alice Marguerite Yardum-Hunter

Alice Yardum-Hunter’s Answers

3 total

  • IRS & Immigration office

    General question: Have IRS & Immigration office the right to take a look at your American bank account and see how much you earned last year and if you still were working after you J-1 or other visas like H-1 has expired? I mean the information o...

    Alice’s Answer

    No, the IRS and immigration office don't have the right to look at your American bank account just like that. There would have to be a reason this is requested and sometimes bank account statements are requested by the government, though not under the circumstances you describe.

    The bigger question is what does your bank account reveal that you'd prefer the government not see? If you work without authorization, you cannot adjust status to permanent residence or change from one nonimmigrant status to another in some cases. Sometimes employment without authorization requires you to depart the U.S. to process your case. And it can also mean that you could be put into removal proceedings.

    If on an immigration form you're asked about unauthorized employment, you must respond honestly. If you don't, you could have further problems about material misrepresentations of fact which could make matters much worse than if you didn't.

    The above is general information not intended to be case specific advice and it doesn't form an attorney client relationship. For that, you'd need to agree mutually with counsel. For further information, feel free to go to my website or contact me at alice@yardum-hunter.com or 818 609 1953.

    Sincerely,

    Alice M. Yardum-Hunter, Attorney, Certified Specialist, Immigration & Nationality Law
    State Bar of CA, Bd. of Legal Specialization

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  • I lost my temporary green card. How can I get new one as soon as possible?

    I lost my temporary greencard which I got from my recently marriage. How can I get my green card asap and can I travel India for few weeks and come back. And if I filed for divorce because my husband and my in-laws abused me a lot. So I left home ...

    Alice’s Answer

    Greetings,

    I recently filed an I-90 for a replacement alien registration ("green") card just a couple of months ago and it was already approved, so what used to take a long time takes much less time today because not a lot of people are filing cases, and the government has a lot of employees to handle immigration cases.

    When you file an I-90, you get a receipt. Depending on where you live, there could be a local procedure for getting a stamp in your passport as further evidence of your permanent residence to make it easier to travel by simply relying on the receipt. In some parts of the country, the receipt alone could be enough to travel, but if it's possible to get the stamp, then that's better to have.

    If you have proof that you entered your marriage in good faith, you can divorce at any time and still keep your green card. Whether married or divorced, or in the process of divorcing, you need to file to remove the conditions on your permanent residence. These cases can be tricky if you are divorcing and your marriage has not ended within the window ending three months before your permanent residence is two years old.

    Sometimes I tell people I think they can handle their immigration case on their own. This is not one of them. In a case like yours, with various unusual issues, you should be represented to apply for the I-90 and remove the conditions on your permanent residence.

    Sincerely,

    Alice Yardum-Hunter, Attorney, Certified Specialist, Immigration & Nationality Law
    State Bar of CA, Bd. of Legal Specialization

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  • I'm going through a divorce that will be final in Sept., i want to apply or citizenship soon, should i wait for my name change?

    my green card expired in October, it has my maiden name on it... i don't know if i should wait to change my name on everything back to my maiden name, or just go ahead with the application. i know my status doesn't change. so, i guess i'm just ...

    Alice’s Answer

    Greetings,

    You ought to renew the card and apply to naturalize to US citizenship - both of which can be done at the same time. Because the government is really in need of funds these days, they want to collect where they can, and motivated permanent residents seeking US citizenship are a source of revenue, even though there isn't an actual requirement to renew an expired lawful permanent resident ("green") card.

    In fact, as part of naturalizing, one of the questions on the form is whether you want to change your name. You can actually have your first document with your new name your naturalization certificate if you chose to. Still, you should apply for a new green card because the one you've got is expired.

    The above is general information, not case specific as it is limited to the few facts provided. It does not result in an attorney client relationship without mutual agreement between you and attorney Yardum-Hunter in writing and signed.

    For more information, feel free to contact 818 609 1953 or alice@yardum-hunter.com.

    Sincerely,

    Alice M. Yardum-Hunter, Attorney, Certified Specialist, Immigration & Nationality Law
    State Bar of CA, Bd. of Legal Specialization

    See question