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Nicole R. Abruzzo

Nicole Abruzzo’s Answers

7 total

  • What to do when someone keeps telling you they will pay for immigration fees but they don't?

    I got involved with someone who insisted they would pay my immigration lawyer and fees. He married me as proof he wants us to stay together. He is now refusing to work claiming he's too depressed and angry to work, yet he's working under the table...

    Nicole’s Answer

    Hi,

    I am so sorry hear what you have been going through. If you married this person for love (not a green card) and he has become abusive, you can self-petition for lawful status in the US as an abused spouse. I strongly recommend you speak with an attorney.

    Best of luck,
    Nicole

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  • Can I apply for citizenship with an expired green card

    My green card expired 2014 the company I work for was sold I need to do I-9 asap so I either need a renewed green card or apply for citizenship

    Nicole’s Answer

    Hi,

    The NYC district office is processing N-400 applications expeditiously as it is an election year (many of my clients have been interviewed within 3 months of filing). Assuming there are no issues that would impede your eligibility for naturalization, such as tax debt, criminal convictions, failure to pay child support, too much time outside of the US (to name a few), it would take less time for you to become a US citizen than to renew your green card. The NYC field office does not require an unexpired green card in order to naturalize a person.

    As for your employer, the fact that the card is expired does not mean you are no longer a lawful permanent resident. Only an immigration judge can order that permanent resident status be stripped. Furthermore, once you apply for your naturalization, you will receive an I-797 receipt notice, with which you can go to your nearest USCIS office and request an I-551 stamp in your passport--this is a green card stamp and should satisfy your employer. Additionally, an attorney can write your employers letter explaining your lawful permanent resident status and the effect of the I-551 stamp.

    I recommend you speak with an attorney about your particular circumstances.

    All the best,
    Nicole

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  • I married an illegal immigrant

    I married an illegal immigrant in NY. Our marriage is real. We have paid thousands of dollars to get his status fixed and so far we have been denied at every turn. I601 no good. 10 year defense no good. We really want to go on our honeymoon, we ...

    Nicole’s Answer

    Hi,

    As others indicated, a person being "illegal" can mean many things. For example, your spouse may have entered lawfully with his/her own visa then overstayed his/her time, or may have entered under someone else's name/documents or with fake documents, or he/she may have crossed the border into the United States without having been inspected. Furthermore, if there is a prior removal/deportation order that will also make a difference. There are a variety of legal strategies, which may include a waiver (either I-601 or I-601A) depending on the particular circumstances. Feel free to subscribe to my firm's newsletter to read my attached article: http://www.lawsb.com/getting-a-green-card-or-legal-status-in-the-united-states-after-an-unlawful-entry/

    I strongly recommend that you have a consultation with an attorney regarding your particular circumstances.

    All the best,
    Nicole

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  • My question is: Is there any chance for me to apply for something legal to get my legal permission or my green card?

    Hello there. I am a few immigration questions for you: I am a 40 yrs old latin man from El Salvador. I came to this country with a tourist visa on Nov 1st 2005. I have been living in Long Island NY for 10 yrs already. I have been ...

    Nicole’s Answer

    Dear Fabricio,

    Thank you for the information. Please keep in mind I am providing only general information based solely on the facts you provided. For more in depth information and to ensure we are not missing important details or that there may not be other options for you, we would need to meet in person.

    If you have any fear of returning to El Salvador based on your sexual orientation, you may have a claim for withholding of removal. Withholding of removal does not lead to a green card, but you would have a removal order that will be withheld--meaning deportation will not be effectuated as long as it continues to remain dangerous for you to return to El Salvador--and in the mean time you would get a work permit on a year-to-year basis. This type of case would be a long road involving going to immigration court, with a risk of removal (deportation) but if you truly fear for your life, giving the country conditions for sexual minorities in El Salvador, this would be a way for you to seek protection and get work authorization.

    Yours truly,

    Nicole Hemrick

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  • I apply for my wife and baby last six months and still in initial review I also have heart transplant I also have dc latter

    I apply for my wife and baby last six months and still in initial review I also have heart transplant I also have dc latter and the latter say I only can be in USA .can u help but can it be fast or may be for visa and I'll finish applying for he...

    Nicole’s Answer

    I am really sorry about what you are going through. Under certain circumstances, such as medical emergencies, a person's family may enter the United States under humanitarian parole to come here more quickly without waiting for petition approval and visa processing. This process may still take some time and should not be used in place of the normal petition and immigrant visa processing. In fact, there is an expectation the family will depart the United States after the the emergency for which they were paroled into the United States is over. Should you have any questions please feel free to contact me at 212-227-3636.

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  • Deadline for asylum application

    what is the deadline for asylum applications for international students who are out of status.

    Nicole’s Answer

    While the deadline for asylum is one year from entry, there are exceptions under 8 c.f.r. Section 208.4 for materially changed and exceptional circumstances. One such exceptional circumstance is having maintained status (for example F -1 student) for a reasonable period prior to applying for asylum. As explained by the Board of Immigration Appeals in Matter of T-M-H- & S-W-C-, 25 I&N Dec. 193 (BIA 2010) proving an exception to the one year filing deadline (changed or exceptional circumstances) does not necessarily give you an additional year to apply for asylum and what qualifies as a "reasonable period" after an exception to the one-year deadline varies. To get legal advice, you should speak with a attorney regarding your particular circumstances.

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  • My i-130 was expired, What can i do to get it back up?

    My i-130 was approved but I couldn't apply for AOS because I was an EWI. How do I get a new i-130? will i have to file a new i-130 or i can just ask them to reopen it? I plan to got o my country with advanced parole to get the f-1 visa I am an imm...

    Nicole’s Answer

    • Selected as best answer

    You do not require a new I-130 because I-130s do not expire. You need to ensure that you will qualify for advanced parole. If you do not have a pending I-485 (green card application) that may be problematic, unless you qualify for advance parole for some other reason. Your TPS may protect you from unlawful presence, and if you do obtain advance parole under the Board's recent decision in Matter of Arrabally, you should be protected against triggering unlawful presence. Another option, to be absolutely protected, would be to file a waiver of inadmissibility for unlawful presence and waiting for a decision even before traveling abroad to consular process to ensure that you are absolutely protected before traveling abroad. Please be advised, however, that these are general responses and to obtain legal advice, you should seek an attorney's advice and show the attorney all of your immigration documentation prior to making any decisions about how to proceed.

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