From the category archives:

Immigration Frequently Asked Questions

Cancellation of Removal for Unlawful Permanent Residents

August 23, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: In October 2000, I entered the US on a K-1 fiancee visa, but not too long after my entry, the relationship with my fiancee fell apart, and we never married. Shortly after we broke up, I met a wonderful man who [...]

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Immigration FAQ: Divorcing & Filing for Naturalization

August 20, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I received my green card as the spouse of a U.S. citizen, but we were married less than one year and so I received a conditional green card. Even before I got my green card, our marriage was falling apart. Within [...]

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Frequently Asked Immigration Question: Derivative Status

August 19, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: My father sponsored me about eight years ago. I finally got everything straightened out and got my immigrant visa at the U.S. Embassy. I entered the U.S. as a lawful permanent resident a few months ago at the age of 35. [...]

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FAQ: Effect of Bankruptcy on Immigration

August 19, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I tried to find information on the internet on how bankruptcy affects H-1 visa status and future green card processing, but couldn’t find any information on this?
Spar & Bernstein: Bankruptcy should have no effect on H-1 or on future green card. [...]

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Immigration:Death of Petitioner & Who Can Substitute Him/Her

August 18, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: We have a little brother (14 yrs old) in Haiti whom our father (non-citizen) had filed for in October 2002. We already have the approval for him, but unfortunately, our father passed away last year. We would like to know what [...]

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Calculating Child’s Usage Under Child Status Protection Act

August 17, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: Please explain if there is any new law…or will the Child Status Protection Act help my sister? Her preference category is F-4, priority date March 2003. Will her two sons who are now over 21 be granted visas to travel with [...]

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Immigration FAQ: False Claim to U.S. Citizenship

August 17, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: A few years ago, I tried to apply for a U.S. passport. I presented a Michigan birth certificate as my own. After I submitted my application for the passport, federal investigators came to speak to me. After a whole big mess, [...]

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Criminal Conviction & Immigration Consequences

August 16, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: In 1981, I was convicted of felony possession of marijuana. I have a green card. I want to travel to Trinidad for my grandmother’s funeral, but I am afraid that they won’t let me back in. Can I travel?
Spar & Bernstein: [...]

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Immigration FAQ: Employers Questions on H-1 Compliance

August 16, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: Are we oaky in keeping an H-1B worker without work as long as we pay him during the project breaks too – at the LCA wage level.
Spar & Bernstein: You must pay your H-1 workers the legal wage. This is [...]

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Immigration FAQ: Converting from EAD Back to H-1

August 13, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I am currently on H-1-B status, valid till May 2011, and have a valid EAD card; my I-485 is pending for over 180 days. My company has cut my position and may revoke my H-1-B. If I transfer my [...]

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Can US Citizen File for Mother Entering US w/Fake Documents?

August 13, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I have been here for eight years since I entered by false documents under another person’s name. I never filed for anything before. My daughter, who is now 22, filed for her citizenship on February 2004. When her citizenship comes through, [...]

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Can USCIS Revoke a Green Card Granted by Error?

August 12, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I am a lawful permanent resident and obtained my status through the 1986 amnesty. Although I have my green card, the Border Patrol would constantly stop me when I was traveling back and forth to Jamaica. The Border Patrol harassed me [...]

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Immigration FAQ: Employers and Employees – H-1 or EAD?

August 11, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: Considering that the economy is not doing that good and sometimes projects get over and consultants go on “bench” without any client’s kind of situation, this is something not that uncommon. Related to this, as being on a H-1B requires [...]

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Immigration FAQ: Can F/J holders apply for a green card?

August 11, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I am on F-1/J-1 visa (student visa). Can I apply for green card (Permanent Residency)?
Spar & Bernstein: There is no law that prohibits an F-1, J-1, F-2, or J-2 visa holder from applying for a green card directly. But as [...]

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Immigration FAQ: AOS Pending, Should H-1 be Renewed?

August 10, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
Question: Should H-1 be renewed while the AOS is pending?
Spar & Bernstein: Bottom-line – We think H-1 should be renewed. A few months ago, we used to feel strongly that AOS applicants should keep their H-1 active for several reasons. EAD issuance [...]

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Frequently Asked Immigration Question: When to Pay Taxes

August 10, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: Would you please tell me when am I supposed to pay taxes? My wife and I both work sporadically. I pick up construction jobs when I can. My wife cleans when she can. We both get paid cash. But it will [...]

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Immigration FAQ: Children 21+ & Child Status Protection Act

August 9, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: My daughter is going to be 21 soon and I am afraid that she will age-out before she can be seen at the Embassy. What can I do to speed up the process?
Spar & Bernstein: Without knowing where you and your [...]

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Immigration FAQ:Drivers Licenses While H-1 Extension Pending

August 9, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: How can someone get a extension on a driver’s license if his H-1-B extension is pending?
Spar & Bernstein: I had a discussion on this just yesterday with an employer who has 19 employees in a similar situation in various States. [...]

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Immigration FAQ: Can H-4/F-2 holders perform volunteer work?

August 6, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: The following discussion applies to all visas where working is not permitted. Most typical examples of these types of visas are F-2 and H-4. The question often arises whether or not it is legal for such folks to volunteer their time [...]

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Immigration Law FAQ: Child Status Protection Act

August 6, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I came to the US as part of an entertainment group. After I entered the US, my US citizen father filed a visa petition for me when I was 20 years old. He did not realize that I also needed to [...]

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