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Roger Carl Algase

  • Immigration Law
  • New York
Claimed Lawyer ProfileQ&A

I am a Harvard Law School graduate and New York immigration lawyer with more than 30 years experience in business, professional and family immigration. I have helped many people with H-1B, and O-1 work visas, labor certification green cards and marriage green cards, among other immigration and citizenship cases. I care about my clients, handle all cases personally and am easy to reach by phone or email. I am also a regular writer about immigration law for the well known publication Immigration Daily. I well understand the anxieties and frustrations of people who are dealing with the immigration bureaucracy and I am committed to doing everything I can to make each client's immigration experience as smooth as possible and to bring about a successful result, as I have done for so many people. My Japanese-speaking paralegal has been working with me for the past 20 years, and I owe her more than I can possibly describe for her expertise and dedicated helping our clients.

Practice Area
  • Immigration Law
Jurisdictions Admitted to Practice
New York
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  • French: Written
  • Spanish: Written
Professional Experience
Roger Algase, Attorney at Law
- Current
Harvard Law School
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Professional Associations
New York State Bar # 1591411
- Current
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Legal Answers
154 Questions Answered

Q. I am 22 and an American citizen I moved to Canada with my parents becuase they were seeking refugee status here in 2009.
A: Both Canada and the US recognize dual citizenship, so moving to Canada and becoming a Canadian citizen should not, in and of themselves, result in loss of US citizenship.
Q. I recently received my green card.
A: The public charge bar to admissibility does not apply to someone who already has a permanent green card. Nor is it grounds for revoking a green card.
Q. I had my Green Card interview on 2/8, the officer did not ask for my Form I-693
A: In this kind of situation, the best course of action would most likely be to make an Infopass appointment at the office where you were interviewed, and on the appointment day go there with your sealed I-693 envelope from the doctor and ask to see a supervisor. You should not be afraid to let the supervisor know that the interviewing officer forgot to ask for the sealed envelope, and about any other unprofessional behavior by that officer. Best of all would be to consult with an experienced marriage case immigration lawyer and ask him or her to assist you with this. I have been representing applicants in green card marriage cases for 40 years, beginning in 1978, and I have had to deal with a number of difficult interviewing officers myself. If an officer does not handle the interview courteously and professionally, that might not be a good sign for further developments in the case either.
Q. do i have to have tax returns filed as married in order to sponsor my spouse for citizenship?
A: That would be highly recommended. However, "married filing separately" would not be a problem. You should consult with an experienced immigration attorney before filing any papers with the immigration office, however, in order to avoid difficulties or delay.
Q. I’ve submitted my green card application and after it was accepted I received a letter asking for additional docs.
A: The best approach is to consult with an experienced immigration lawyer, since the answers to these questions depend on both complex immigration and tax issues. And, yes, a US citizen who is sponsoring a spouse for a green card is required to submit his or her own I-864 affidavit of support, even when there is a "joint sponsor".
Q. Currently on an E1 visa, i am wondering if there is a way to apply for the green card?
A: This kind of question depends on the specific circumstances and details of each case. It is not something that can be answered in a forum such as this one, which provides general information only. Anyone who seriously want to know about his or her options for obtaining a green card should be on the phone making an appointment to see an experienced employment-based immigration lawyer without delay. General information without knowing the specific circumstances would be worse than useless.
Q. I came to the USA legally and have a green card for 54 years can I still receive social security if deported?
A: You should contact Social Security for an answer. But just being arrested for a crime or crimes is not grounds for deportation unless there is also a conviction.
Q. denial for i-539 change of status from B2 to F1
A: Unfortunately, USCIS is super-strict about filing deadlines in a transfer to F-1 situation. Applying for an F-1 visa at a US consular office outside the US might be the only recourse.
Q. should I state that was working illegally when applying for my green? will it affect my approval if I don't?
A: As long as someone applying for a green card based on marriage to a US citizen entered the US with a legal visa, overstaying the visa or working illegally after the visa expired is not normally grounds for denying a green card, unless there are other issues involved. However, making false statements or concealing information about one's employment or immigration history, such as having worked illegally, could be grounds for denying a green card based on fraud or misrepresentation.
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Contact & Map
276 Fifth Avenue
Suite 704
New York, NY 10001
Telephone: (212) 724-5643
Cell: (917) 587-5141
241 Central Park West
New York, NY 10024
Telephone: (212) 724-5643