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Russell Reid Abrutyn
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Russell Abrutyn’s Answers

786 total


  • How can my fiance stay in the US with me?

    My fiancé and I have been together for two years now, she is from El Salvador and I am from Germany. We met in Michigan when she was working here as an Au Pair. After her time as an Au Pair she returned to El Salvador to apply for the F1 student v...

    Russell’s Answer

    There are several different options for her. They depend in part on whether she is subject to the J-1 2-year home residency requirement. Her options will be better if you become a U.S. citizen. If you remain a lawful permanent resident, unless she can obtain another nonimmigrant status, she will likely have to return to El Salvador to obtain lawful permanent resident status, and it could be several years before she could return.
    Speak with an experienced immigration attorney to find out what your options are so you can choose the best one.

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  • F2A Family visa (Rest of the world)

    Hi, I am PR here. I filled my partner i-130 on 1/2/2016 and it has approved last week. May I know what is next steps ? How soon my partner can come ?

    Russell’s Answer

    You have to wait for the priority, or filing, date to become current. Once it does, he or she can apply for lawful permanent resident status. The process depends on whether your partner is in the U.S. or abroad and what his or her immigration and criminal history is like.

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  • What must i do for my daughter to apply for the CSPA?

    I can't hire a lawyer at this time and i must apply for my daughter for CSPA what is the first step that i must do it she will turn soon 21 years my priority date June 28 ,2004 and the notice date is November 20, 2009 she born in 31 August 1995 an...

    Russell’s Answer

    CSPA stands for Child Status Protection Act and it protects qualified children from "aging out" and losing eligibility for a green card or moving into a slower moving preference category. I am not sure what you mean by apply for CSPA. To determine whether someone is protected by CSPA requires the application of a mathematical formula to your case. If someone is protected by CSPA, to maintain that protection they have to seek to acquire lawful permanent resident status within 1 year of when a visa becomes available. You should have an attorney help you through this because if you do it wrong, your daughter could be separated from you.

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  • Can a spouse get a J-2 Visa while the J-1 status is still pending ?

    I am applying for J-1 change of status inside the U.S, sponsored by a Hospital. I know that once you get DS-2019, you can apply for the Visa in an embassy, and I also know that the change of status may take several months after you submit the DS...

    Russell’s Answer

    A derivative nonimmigrant like a J-2 can accompany or follow-to-join the principal nonimmigrant (for example, a J-1). The derivative cannot precede the principal. So a derivative spouse cannot be admitted in the derivative category until the principal first acquires that status.

    There may be other options. If you are already in a nonimmigrant status, your spouse might qualify for a derivative category already. Or your spouse might be independently eligible for her own nonimmigrant status. Or you can consular process instead of changing your status.

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  • Can my Canadian mother in law come live in the states?

    Both her daughters live here and are married to US citizens, and both have children. I want to rent an apartment for her., she is retired. Is it possible I can move her here so she can be with her daughters and grandchildren. Canada is just acr...

    Russell’s Answer

    Generally speaking, a visitor is not allowed to live in the U.S. permanently or have an intent to remain here permanently. There are several potential options available to her, so you should consult with an immigration attorney to find one that works the best for her.

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  • Can I stay at USA and continue job if my L1 spouse leaves the country?

    I have L2 EAD valid till 2018, but my L1 spouse will leave for 3 months, and come back to USA, Spouse is L1 A , manager, so he needs to take care of operations in other countries.

    Russell’s Answer

    An L-2's status is dependent on the status of the L-1. If the L-1 is not maintaining L-1 status, then the L-2 is no longer in status. Your scenario falls into a grey area and it depends on a number of factors. I suggest consulting with an experienced immigration attorney for a thorough review of the facts.

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  • Multiple I-539 filling to extended H4 status

    We have valid i-94 till Aug 2016.My current employer A filled I-539 to extended H4 status of my wife along with my H1-extension. But I have not heard anything from my employer A on receipt notice. May be they are in process sending documents to ...

    Russell’s Answer

    Receipt notices are often delayed by a few weeks to a few months. You can check whether the checks have been cashed. If so, the receipt number should be on the back of the checks.

    You should ask the attorneys handling the H-1B cases about whether the I-539 should be filed and you should ask them about the last action rule. If you do not have an attorney, it is a good idea to get one for a complicated matter like this.

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  • Can we said that we contact with the NVC, and we still have another year ?

    Hello lawyers my paper at the NVC the last contact with them was at the mid of June 2015 and i still need time to finish collecting the supporting civil document i send for them an email and they answered me can we count this a contact because yo...

    Russell’s Answer

    You should hire an attorney to help you through the NVC process so that your visa petition is not cancelled and the priority date lost.

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  • I am having trouble to see the difference in the law between one born in the Panama Canal Zone and a person born anywhere else?

    To be US citizen if born in the Panama Canal Zone: I read that "If the person was born in the Canal Zone, he or she acquired U.S. citizenship at birth if born between February 26, 1904 and October 1, 1979, and one parent was a U.S. citizen at the ...

    Russell’s Answer

    Outside of the U.S. and outside of the Canal Zone (and certain other designated regions), for a child born abroad to automatically acquire citizenship at the birth, the U.S. citizen would have to meet certain physical presence or residency requirements, which vary based on the marital status of the child's parents and whether the U.S. citizen was a father or mother. Also, at various times the citizenship laws required a child born abroad to take certain steps to retain U.S. citizenship. The canal zone provision could provide for acquisition of citizenship in circumstances where citizenship would not have been acquired had the birth occurred someplace else.

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  • Immigration: an elderly person born in the Panama Cannel during time where US would usually award citizenship, what can he do

    I have an elderly person born in the Panama Cannel during the time frame when USA would usually award US citizenship. The problem we are having is that he was not born in a hospital but in a home. Is there any steps he can take to get his US cit...

    Russell’s Answer

    If he was a U.S. citizen at birth, he can apply for a U.S. passport and submit proof of his citizenship. There are a number of legal service providers that provide free or low cost legal services.

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