Oltarsh & Associates, P.C. is a professional corporation dealing with immigration, nationality issues and international business law. Principals of the firm have been engaged in this practice for over 45 years. The areas of our competence include the legal transfer of key employees for international corporations and foundations. Applications for non-immigrant specialty employees and applications for permanent residence related to work or close familial ties to U.S. citizens or permanent residents are an important aspect of our practice, and we represent several foreign consulates and take care of all of the business of their nationals who may face legal problems in the U.S. Our corporate office is located at 494 Eight Avenue, New York, NY 10001 at the corner of 35th Street and Eight Avenue. (212) 944-9072 This brief FAQ speaks to Immigration questions our firm is frequently asked to assist.

2. Questions & Answers
We have been asked many interesting questions by e-mail and telephone. Here are a few of
the questions and our answers. If you have a question, please call or e-mail and we will reply
as soon as possible.
Question #1 The father of my two young U.S. citizen children committed domestic
violence
against me. I called the police and he was arrested. We were not married. Can this
abuse against me provide me a way to get my permanent residence?
Answer Unless your abuser was a U.S. citizen or permanent resident and you were
married
can you claim the benefits of VAWA for permanent residence. If you were seriously
injured and the police or the District Attorney arrested him and has or is prosecuting
him for assault and battery, and you have cooperated with the District Attorney, you
may be entitled to the U visa.

3. Question #2 How can I bring my fiancée to the U.S.?
I am a permanent resident and we are engaged.
I have had permanent residence now for 4 months and I am 24 years of age.
What is my best strategy?
Answer As a permanent resident, you can’t apply for a fiancée, only if you are a U.S.
Introduction
citizen.
To be a U.S. citizen, you need 4 years and 8 months more to be eligible. You can go to
your fiancée's country and marry her; and then on returning to the U.S., you can apply for
her as a resident.
The quota priority for spouses of permanent residents is now approximately 2 l/2 years
behind.

4. Question #3 Can I apply to enlist in the military services? I am legally working in the
U.S. as a nurse for a hospital.
Answer Formerly you had to be a U.S. citizen or permanent resident to enlist in the
armed services. Now if you have been legally in the U.S. two years, you may apply
under the Military Accessions Vital to the National Interest Pilot Program available for
those in status who are Asylees, refugees, or with temporary protected status,
international students and other nonimmigrants like yourself. You may enter the
military service until May 15, 2014 for this program. If you serve during a time of active
hostilities like the war in Afghanistan, you may quality for U.S. citizenship after you have
been honorably discharged. An enlistee may be a doctor or a nurse like yourself or
have language skills needed by the Department of Defense. You cannot have a criminal
record and you must be articulate in English. The enlistment must be for at least three
years.
Apart from doctors or nurses or language experts, an applicant must be here in legal
status with E, F, H, I, J, K, L, M. O, P, Q, R, S, T, TC, TD, TN or U visas. You must have
been in one of these lettered categories for at least 2 years at the time of enlistment. A
single absence from the U.S. for more than 90 days immediately before the enlistment
would exclude you from applying.

5. Question #4 I came to the U.S. from the Dominican Republic under a student visa with
duration of status. I live in New York and attended school from 2010 to 2011 and then I was
out of status because I left school. I am married to a U.S. citizen who wishes to file for my
permanent residence. Can I adjust my status here or will I have to return to my country for
the immigrant visa?
Answer Even though you’ve overstayed your student visa, because you are married to a U.S.
citizen in good faith, you are entitled to adjust status in the U.S. without returning to the
Dominican Republic. If you’ve been married more than 2 years, you should receive
permanent residence; if fewer than 2 years, you may only receive provisional residence and
then 2 years later, apply for permanent residence.

6. Free Case Evaluation
Otlarsh and Associates
Call (212) 944-9420