Joshua L. Goldstein's Answers

What is the process of getting a green card back after one has been terminated?

You need to file a motion to reopen and rescind the in absentia order of removal. The basis of this motion should be that you had no notice of the hearing and, possibly, that you were outside the U.S. at the time that the removal proceedings were initiated. By all means, do not try to file this motion on your own. Hire the best immigration lawyer you can find. Why? There is no room for error because you can only file ONE motion to reopen. No do-overs! Good luck!

Selected as best answer

Lost I-94 and passport one year ago. Can I have any problem if I request the replacement at this time?

Form I-102 can be filed to replace your lost I-94. Without more information, it's just idle speculation as to whether you should expect "any problems." One potential issue: you are in non-immigrant status (F-1), yet "going to apply for a green card." My advice is to consult with a good immigration lawyer about the facts of your case.

Selected as best answer

My friend wants to visit Usa this summer. His visa will expire in July. but he wants to stay till September. will it be legal?

Yes. There is a big difference between status and visa. The visa gives you permission to enter the US. Status, as per the I-94, determines how long you can remain in the US once you enter. If you enter the US on a valid visa, you can stay in the US for as long as the validity period on your I-94, regardless of when the visa expires. Joshua Goldstein Boston Immigration Lawyer www.jgoldlaw.com

Selected as best answer

Is it true that filing for immigration in different states, differs in the waiting period?

Processing times vary from district to district. A good lawyer can make sure that the application is properly filed, well-documented and can track the application through the immigration system. But no lawyer can't guaranty that USCIS will process your case faster. Also, naturalization (n-400) requires that you be a resident of the state in which you file for 3 months. So make sure that you don't make the mistake of trying to apply outside of your state of residence just because you...

Selected as best answer

Hi My name is Bouchra, I am USA citizen, my husband lives in Morocco, they refused to give him visa because i work 2 jobs?

If the Consulate decided that you don't meet the income requirements for the Affidavit of Support you husband will NOT be granted an immigrant visa unless you can find a joint sponsor with sufficient income. Also, you should look for new counsel. Your lawyer made a mistake by not spotting this issue before the consular interview.

1 person marked this answer as helpful

Filed I485, I864, I765 & I131 forms-need to travel to Denmark in 2 mos.; file for re-entry (3-6)or advanced parole (7) on I131?

In general, it's a terrible idea to travel while your I-485 is pending especially if you've prepared your case on your own. Aside from abandonment, traveling could trigger grounds of inadmissibility that wouldn't apply if you were to remain in the US. Advanced parole, even if approved, can't guaranty that you would be permitted to re-enter the US. Consult with an experienced immigration attorney. Please contact me if you'd like my help. Josh

1 person marked this answer as helpful

SEVIS status terminated.So?

Your question is interesting. If you received an Immigrant Visa that means that the US Consulate has already reviewed your application for an immigrant visa and favorably adjudicated it. The F-1 visa is valid for "D/S" or duration of status. My guess is that regardless of what happened to your SEVIS, you may not have accrued unlawful presence. If you had, it is likely that your immigrant visa application would have been denied. To prepare for entry, you should bring extensive...

1 person marked this answer as helpful

How should I renew my H1-B visa stamp?

Having an expired visa is no problem if you remain inside the US. But once you leave the US, you will not be permitted to return without a new visa. To obtain a visa at a US Consulate requires careful planning in advance even if USCIS has granted your petition and you are in status.

1 person marked this answer as helpful

It is said that Green Card Holders can't leave the US for more than 6 months without needing to file for a reentry visa.

The notion that "if you have a green card, you can stay outside the U.S. for up to 6 months" is persistent myth. Permanent residents are required to "establish residency," which means that they must live in the United States. Whether someone has "established residency" is determined, mostly, by their physical presence in the U.S.--not by their intention to live in the U.S. Immigration authorities can find out that you have been living outside the U.S. in a number of ways. USCIS can find out...

Need specifics about the 10 year bar from entering the US.

I agree with the above answers. Also remember when he applies for a visitor visa, he must persuade the consul that he intends to return to greece after his temporary stay. proof that he has a job in Greece and that he owns property, has family, etc. would be helpful. Good luck, Josh www.jgoldlaw.com