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Carl Michael Shusterman
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Carl Shusterman’s Answers

30,875 total


  • Current EAD based on TPS, about to expire. I also have my Asylum case pending. Can I apply for a renewal EAD based on Asylum.?

    1. I have my EAD based on TPS ending in a 4 months. 2. I also have my Asylum case pending. Question 1 - Can I apply for renewal of EAD based on Asylum while I still have my EAD valid. If Yes, would it impact my TPS EAD should it be extended. ...

    Carl’s Answer

    If you asylum application has been pending for over 150 days, you can apply for an EAD.

    https://www.avvo.com/legal-guides/ugc/asylum-in-the-united-states

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  • If someone is detained by ICE, how long will it take to hear back from their asylum interview (its been 6 weeks already!)

    My friend is currently been detained by ICE for almost four months (unlawfully- he was here on a business visa at the time - it expired while he was detained). He had an interview for asylum 6 weeks ago and has yet to hear a word back on his pendi...

    Carl’s Answer

    It could be that the Immigration Judge is waiting for the criminal case to be resolved. A serious conviction could make your friend ineligible for asylum.

    https://www.avvo.com/legal-guides/ugc/asylum-in-the-united-states

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  • Can we get asylum by saying that our leader has been prosecuted because of spreading his beliefs?

    Dear I am a PhD student (F1 visa) from Iran. I am interested in getting permanent residency by asylum. This is my real story: I had a spiritual master in Iran 4 to 5 years back. Actually, he had more than 100 students in that time and he spread h...

    Carl’s Answer

    Asylum has three basic requirements. First, an asylum applicant must establish that he or she fears persecution in their home country. Second, the applicant must prove that he or she would be persecuted on account of one of five protected grounds: race, religion, nationality, political opinion, and social group. Third, an applicant must establish that the government is either involved in the persecution, or unable to control the conduct of private actors. Please see https://www.avvo.com/legal-guides/ugc/asylum-in-the-united-states

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  • Currently on H-1B visa. Due to change in situations, planning to apply for asylum. Would it have any effect on my H-1B status?

    Would my political asylum application have any bearings whatsoever on my current H-1B status?

    Carl’s Answer

    Not necessarily, but I suggest that you do not apply for a work permit through asylum if you wish to remain in H-1B status. https://www.avvo.com/legal-guides/ugc/asylum-in-the-united-states

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  • I am granted asylum in the U.S. and I want to visit Canada, do I need a visa to travel there?

    Will the Canadian Immigration honor my indefinite I94?

    Carl’s Answer

    Contact your local Canadian consulate. It would be a good idea to obtain a Refugee Travel Document from the USCIS.

    https://www.avvo.com/legal-guides/ugc/asylum-in-the-united-states

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  • What immigration laws are open?

    My wife and I are in the US more than 23 years and our kids are born here. We have 3 kids and one of them is 18 years old.

    Carl’s Answer

    Once your US born child reaches the age of 21, he/she can sponsor you and your wife for green cards. If you entered the US lawfully, you may be eligible to "adjust your status" to permanent resident without having to leave the US. Please see https://www.avvo.com/legal-guides/ugc/green-cards-for-family-members

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  • I am a green card holder, I am going to propose to a foreign girlfriend.

    I am a green card holder, I am going to propose to a foreign girlfriend, she is my friend's friend and we love each other. She entered the country with B1/B2, and soon she should receive a decision regarding her change of status (F1, almost 7 mont...

    Carl’s Answer

    Marrying her now could have an adverse effect on her ability to change her status to F-1 student.

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  • Can a person with a prior "in absentia" order of removal adjust their immigration status?

    i read that a person "in removal proceedings" are barred from adjusting their status. Is a person with a prior "in absentia" order of removal technically considered "in removal proceedings" and thus barred from adjustment of status? or does "in ...

    Carl’s Answer

    Some persons in removal proceedings are eligible to adjust their status. However, if the person has an order of removal, his/her removal proceedings would first have to be "reopened" in order for them to be able to adjust their status. https://www.avvo.com/legal-guides/ugc/how-to-adjust-your-status-to-permanent-resident

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  • Can I apply for asylum in the united states on the ground of female genital mutilation from nigeria?

    I'm being pressured to return to Nigeria to subject my pregnant wife to FGM. More importantly that we are expecting a girl child in few months time. Meaning the two of them would have to be circumcised. This seems to be the worst request from my f...

    Carl’s Answer

    Yes, being subject to FGM could be grounds for asylum. Please see http://www.refugeelegalaidinformation.org/female-genital-mutilation-grounds-seeking-asylum

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  • Should I apply for OPT extension, having asylum work permit?

    I have received my Asylum work permit card that let me work in the USA for a year. I already have an OPT for 2017 and also have the option of extending my OPT for 2018. Would you recommend me to extend my OPT for 2018 in case my asylum case get d...

    Carl’s Answer

    You may wish to apply for a STEM OPT extension rather than your using your Asylum EAD because if you do so you will lose your F-1 status.

    https://www.avvo.com/legal-guides/ugc/asylum-in-the-united-states

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