New York Daily News

Applying for 2 types of status

- Richard Rojas, shown in court after arrest in deadly drive through Times Square (r.), wasn’t required to get alcohol-detecting ignition lock after DWI plea in 2015. With Nicole Hensley ALLAN WERNICK

“They offered a plea,” the source said. “This was an offer made by the prosecutio­n, who knows the strength and weakness of their case best.”

According to Rojas’ criminal complaint, police stopped him at W. 79th St. and Henry Hudson Parkway about 3:40 a.m. on April 22, 2015.

Rojas refused to take a Breathalyz­er test and was charged with driving while intoxicate­d.

In 2008, he lost his license for three months and later pleaded guilty in a Queens DWI. He also refused to take a breath test in that instance.

After the Midtown rampage, the troubled Navy veteran with Bronx roots told police he was high on PCPlaced marijuana. Locking devices are generally not equipped to detect drug use.

In Times Square, he mowed down 23 pedestrian­s, killing 18-year-old tourist Alyssa Elsman of Michigan and badly injuring her 13-year-old sister in his Honda Accord, police said. Then he allegedly said his goal was to “kill them all.”

Elsman’s grieving dad left a touching note at the Times Square memorial of flowers and candles. “Alyssa loved this city . . . she loved Times Square,” wrote Thomas Elsman. “She would appreciate all your kind words but she would also tell us all to get back up and continue. That’s how full of life my daughter was.

“I have a hole in my heart that can never be filled,” he added.

Rojas is due back in court Wednesday to learn if he has been indicted. He was charged with murder, attempted murder and aggravated vehicular homicide.

AI checked with attorney Margaret Stock, an expert on immigratio­n law and military service, and she recommends that you submit form I-751 despite having a pending N400. I agree. Filing the form will preserve your green card while you wait to naturalize. The immigratio­n statutes allow active duty members of the military to naturalize no matter their immigratio­n status. Still, why risk possible terminatio­n of your lawful status when you can file form I-751 and avoid hassles? You can naturalize even if U.S. Citizenshi­p and Immigratio­n Services has not yet made a decision on your I-751.

The American Immigratio­n Lawyers Associatio­n has a free program to help military service members. You can get a lawyer from the associatio­n to help you at bit.ly/2pOUHW5. USCIS offers special help to service members. Go to uscis. gov/military or call (877) 247-4645.

ASince it appears that your job offer was genuine, you can leave anytime. If you leave the job shortly after you got your employer-sponsored green card, USCIS may question you about whether the job offer was genuine.

However, immigratio­n law and practice do not provide precise guidelines as to how long you must stay with the sponsoring employer. If the job offer was genuine, then you can change jobs and still naturalize. Keep records of your current employment and be prepared to explain why you left.

 ??  ?? I got my green card through employer sponsorshi­p. When can I change my job without concern about my immigratio­n status? I would like to leave to pursue better opportunit­ies. When I eventually apply to naturalize, I don’t want problems.
I got my green card through employer sponsorshi­p. When can I change my job without concern about my immigratio­n status? I would like to leave to pursue better opportunit­ies. When I eventually apply to naturalize, I don’t want problems.

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