Skip to main content
Gregory Romanovsky

Gregory Romanovsky’s Answers

349 total


  • Is 90 days a good distance between date of arrival and filing I -130, 485 131, 765 etc as per 30/60/90 rule or this rule is not

    I Came in B-1 visa , got married to US citizen after 62 days of arrival . Now wondering about right time to file petition for alien relative and adjustment of status

    Gregory’s Answer

    Preconceived intent may be an issue, but you don't necessarily have to wait 90 days to file your application for adjustment of status. The timing will depend on a number of factors that you need to discuss with your attorney.

    See question 
  • How to handle visa issue before and after going to US? What to tell in border? Is it ok to include her in a lease and insurance?

    Hi! I am a Russian citizen, started to work in US (F-1 visa, OPT) and renting new apartment. Besides, I am applying for H-1B visa. My fiancee now is in Russia, has B1/B2 1-year visa till the end of May, came to me 3 times for 2-3 weeks. We want to...

    Gregory’s Answer

    She can come and visit you on her B1/B2 visa and you can even get married, as long as she intends to go back and get her new visa (F-2 or H-4) in Russia. If she has no intention to return to Russia, she cannot be using her B1/B2 visa to enter the country.

    See question 
  • Do I and my US citizen petitioner spouse need to file G-325A while doing filing for Adjustment of Status (i-485)?

    I am a spouse ( beneficiary) of US citizen petitioner. My i-130 application is approved and would like to file Adjustment of Status in the USA. We both (beneficiary& petitioner) filled G-325A while applied for i130.

    Gregory’s Answer

    No, your spouse's G-325A petition is not required at this juncture.

    See question 
  • Getting married before the green card holder has the citizenship application?

    Hi. I'm a foreign citizen and I'm currently out of status. My future wife is a green card holder in the process of getting her citizenship. We were wondering if we were to be married now ( before her citizenship interview), would that cause any is...

    Gregory’s Answer

    The marriage itself will not affect her immigration status in any way, so it's completely up to you when you want to get married. If you do get married and she discloses the marriage on the application (which she should), this will not negatively affect her citizenship application. Whether or not she should submit an immigrant visa petition on your behalf now or wait until she becomes a citizen is a different question and needs to be discussed in detail with your immigration attorney.

    See question 
  • Prosecutional discretion

    If prosecutional discretion is denied, does ICE goes after the person who requests it ? Is there a risk to ask for it

    Gregory’s Answer

    It depends on where the person falls on the list of their removal priorities.

    See question 
  • Is my son having some speech problems gonna be enough hardship to get 42b cancellation of removal

    I need an answer now my individual is on Monday I may have to leave the country you all I lived here for 20 years and the only thing I did wrong was drink and drive and run off the road

    Gregory’s Answer

    While your son's speech problems may be sufficient to establish hardship (it really depends on the nature of the problems, the country you're being sent back to and many other factors), your criminal case may foreclose that possibility for you. I hope you're going in with an experienced immigration attorney.

    See question 
  • Do I need to reopen my case in court? Or can I just file the I-485 with USCISand submit a copy of the "administratively close?

    I came to this country in 2001(EWI), and in 2011 I applied for the asylum. I received my work permit and was placed in removal proceedings. I went to my master hearing, but in 2012 President Obama announced DACA, so my former lawyer subjected me t...

    Gregory’s Answer

    You may be able to adjust with USCIS as an "arriving alien" without reopening the removal case. This is a very complex area of the law and it is absolutely critical for you to have an experienced immigration attorney helping you with your case.

    See question 
  • What question will be asked during a marriage based AOS interview concerning a vacated plea with pretrial probation?

    I had my plea vacated for criminal charges and I am now in pretrial probation. My lawyer has already summited all the evidence, but can't attend my AOS interview. I was wondering, what would be the questions the USCIS officer might ask during the ...

    Gregory’s Answer

    There will certainly be questions about your criminal case. One of the purposes of your adjustment of status interview it to determine whether there are any 'grounds of inadmissibility' that you may be subject to (in which case you may be unable to adjust your status), and there are several criminal-related grounds of inadmissibility. If your attorney is unable to attend the interview, he/she can ask for the interview to be rescheduled (it's a relatively simple process for the attorney) or have another colleague attend. Under these circumstances, I would never send my client to the interview with no legal representation.

    See question 
  • 1-485 marriage based application denied caused by failure to respond to RFE for further document . Have I become unlawful.

    It is within the 30 days that I have a chance to file I-290B motion to re-open. Failed to respond to RFE because never received it. Previously resided in the US based on a pending I-485 application that my USC parents petitioned but after marria...

    Gregory’s Answer

    It is really hard to answer your question without looking at your documents and examining the facts of your case. Most likely, you are, in fact, accruing unlawful presence and the filing of the I-290B will not stop the clock (unless the case is, in fact, reopened). You should see an experienced immigration attorney as soon as possible.

    See question 
  • How long after marrying U.S. citizen to get work auth, soc sec card, driv lic and green card and then citizenship?

    Several years ago I came to the U.S. on a B-2 Visa. Although I was only given 6 months to remain in the U.S., I decided I liked it here and ended up staying. Since I came here, I never left the U.S. to go anywhere. I have been dating a U.S. citize...

    Gregory’s Answer

    Assuming you're eligible for adjustment of status (there are many possible grounds of inadmissibility that you will need to discuss with your attorney), you should be able to obtain your work authorization card within 2-3 months from the time the case is filed. Once you get your employment authorization, you will be able to apply for a social security number and then, for a driver's license. If you're in Boston, you can expect to get your first green card by early 2017 (assuming you do get married and file for adjustment in September). And if the marriage stays intact, you should be able to remove the conditions on your marriage in 2019 and apply for citizenship in sometime in early 2020.

    See question