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Russell Reid Abrutyn
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Russell Abrutyn’s Answers

823 total


  • Iam a US citizen and i want to apply GC for my brother who is visiting on a tourist visa. Can i apply 1-130 along w 1-485?Thx

    I

    Russell’s Answer

    Yes and no. You can file an I-130 petition for your brother if you are at least 21 and meet the other requirements for the petition. He cannot file an I-485 because there are a limited number of green cards available each year to siblings of U.S. citizens. Thus, there is a long waiting list, as you can see from the visa bulletins at https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html (you are family 4th preference).
    How your brother can obtain a green card, and whether he even can, depends on his past immigration and criminal history and what he does between now and when his priority date is current. To get specific advice, you should consult with an attorney.

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  • How long do i need to stay after H1B termination? or before transferring to new employer. i am canadian citizen

    got terminated from current job 3 days ago, looking for another employer who can transfer my H1B.

    Russell’s Answer

    If you are no longer in H-1B status, then there is no grace period. If you are out of status, you are required to leave the U.S. However, the USCIS can excuse gaps between jobs as part of a change of employer application. There is no bright line rule, but the longer your new employer waits to file the application, the more likely it is that the gap will not be forgiven and you will have to leave the U.S. to apply readmission as an H-1B. There are significant consequences at stake here so you need to work with an attorney immediately.

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  • I need the address where I have to send a police clearance letter?

    I received a letter asking for a police clearance letter for my green card. But the letter don't have and address to send the information. Please help me?

    Russell’s Answer

    If you cannot determine this from the letter you received, you should work with an attorney to make sure you respond properly and timely.

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  • I'm bhutaness refuge from nepal n I married there I Came FroM IoM On USA Now I Want To Bring My Husband Here WHAT Should I Do?

    I'm in usa, before I married in nepal I have documents with me if I want to bring my husband what should I do

    Russell’s Answer

    What you should do depends on your current status in the U.S. and how long it has been since you came as a refugee. It sounds like there should be a way for you to petition for your husband to join you here. I recommend that you speak with an immigration attorney.

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  • Work after OPT expires and waiting for new EID from AOS?

    Hello. I applied for change of status 2 months ago (Through marriage) and I received the Receipt notice that USCIS is working on my case and on my new EID/ travel document. My OPT ends next week. My question is, can I continue working while...

    Russell’s Answer

    You can only work if you have authorization to do so. If you are not authorized to work, you cannot work and your employer can get in trouble if it continues to employ you. Whether unauthorized employment will affect your ability to get a green card depends on a number of factors and is best discussed privately with your attorney.

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  • My H-1 expires by the end of October. If I apply for change of status to F-1 by then, can I legally stay in US pending decision?

    If my change of status application gets denied, do I have a grace period to leave country? In the above scenario, suppose the the current visa is a tourist visa, would the answer be the same?

    Russell’s Answer

    If your change of status is denied and your I-94 has expired, there is no grace period to leave the U.S. If your H-1B expires while you are waiting for a decision on the change of status application, you will be out of status but lawfully present. Prudent applicants will file an interim application to change or extend status to bridge any gaps.
    There are different policies for B-2 tourists and if the school start date, including the deferred start date, is more than 30 days after the expiration of B-2 status, at least some USCIS offices are denying the change of status application.
    It is best to work with an experienced attorney to help you navigate this process.

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  • Will I be responsible for the costs of an asylum seeker if I filed I-134 for him while he was applying for F-1 visa before?

    I am a permanent resident (green card holder). I have a relative who is visiting as a tourist. He wants to start school and for that I want to be a co-sponsor for him as he applies to the school for F-1 visa. For that, I will also need to file I-1...

    Russell’s Answer

    https://www.uscis.gov/sites/default/files/files/form/i-134instr.pdf sets out the obligations you are undertaking by submitting an I-134. Questions about your specific obligations should be directed to your attorney.

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  • I140 stage in EB2 GC process.

    Under EB2, I140 was filed and its denied.Its bachelor of Engineering degree with 5yrs experience. Reason for denial is that they considered the issue date in the degree certificate to calculate 5 years experience .But the fact is that the degree ...

    Russell’s Answer

    From what I have heard, this is becoming a problem with degree from countries where the actual certificates are issued much later. Your attorney should have developed a strategy for dealing with this. Otherwise, you may want to hire another attorney.

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  • What happens when I marry someone with TPS ( I am a US Citizen)

    I want to get married to my boyfriend of 3 years. He is an immigrant from Haiti. He has lived here his whole life and has Temporary Protected Status. He has 3 siblings who were born in the States and have citizenship and his parents have their gre...

    Russell’s Answer

    An immigrant is a lawful permanent resident, so I don't know if your boyfriend has that status. The Sixth Circuit Court is one of several that allows individuals with TPS to apply for adjustment in certain circumstances. Not every jurisdiction follows this rule but Michigan does because it is in the Sixth Circuit. Depending on your boyfriend's immigration history and your and his criminal history, he might be able to apply for a green card if you can prove that you have a legal and bona fide marriage. I recommend consulting with an experienced immigration law attorney to make sure this option is available to him and to help you through the process.

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