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Alex Gregory Isbell

Alex Isbell’s Answers

189 total


  • I am on Fulbright Scholarship and J-1 visa for PhD degree. Is there any residency requirement waiver ?

    I am from Pakistan. I am looking for residency requirement waiver in case I find a job in an international organization such as UN or World Bank.

    Alex’s Answer

    It's hard to tell without looking at documents you might have like a DS2019 and your visa, but a Fulbright is a classic example of a government funded program that is quite likely to trigger the 2 year home residency requirement. The issue related to employment at the World Bank of UN is interesting. In general, the two year home residency requirement doesn't have a correlation to where you work, but rather how you work, i.e. what type of visa you're using. Since this is a purely hypothetical question, I think that you just need to wait and see what your options are at the end of your program and act accordingly. Figuring out whether you're subject to the 2 year requirement SHOULD be as easy as looking at your visa or your DS-2019, however.

    Alex

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  • I'm an actress from Ukraine and I want to open the O1B visa. What should I do next?

    Is this type of visa very complicated and hard to open? How much time in average does it take and cost?

    Alex’s Answer

    Hello. The short (and only answer) is that you need to contact several immigration attorneys, have consultations with them and discuss your career with them. We can't discuss legal fees on AVVO. Prices vary a lot from practice to practice, and since immigration law is a federal practice you could speak to immigration attorneys anywhere in the US. The reason that I think that you should contact several attorneys is because we all have different styles and personalities and in an O1B case, I think that you need to work with someone you see eye to eye with.

    O1B cases, like most non-immigrant visa cases, are complicated because there are special procedures that need to be done properly to make suer the case is filed correctly, and because there is an art to obtaining and presenting the evidence you'll need to convince USCIS that you deserve to be classified as an alien of extraordinary ability.

    In terms of timing, there is some variance too. I think that it takes at least a month to prepare a good O1B case on average, and USCIS processing could take as few as 15 days, but could last several months.

    All in all this not something that I would suggest you do on your own, and I urge you to contact an immigration attorney to discuss your case in confidence.

    Alex

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  • Family based immigration and F1/F2, J1/J2 visa

    My parents-in-law, a US citizen and a US permanent resident, filed an immigrant petition on the behalf of my wife after we got married. My wife and I plan to enter US on F1(me)/F2(wife) visas. Will we have any problems getting the visas approved d...

    Alex’s Answer

    It's difficult to give a definitive answer. On the one hand, yes. There's an immigrant visa petition pending for your wife and at some point in time that will enable her to seek to permanently reside in the United States. This could cause a consular officer to question whether she has non-immigrant intent currently. On the other hand, since she is married to you, she is no longer an immediate relative and will have to wait for a visa to become available for her to apply for an immigrant visa or seek adjustment of status. I think that you need to be prepared to explain why you do not have immediate plans to remain permanently in the United States when you seek your visas and you need to be able to explain in detail why you will be returning to your country when you're done studying. It makes no difference if you seek F or J visas, except that some J visas require a person to return home for an aggregate period of two years before being able to seek permanent residence after the completion of a J program.

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  • Re-entry for states after did Biometric on Asylum is it possible ? Put in mind i didn't broke the 6 months am allowed to stay.

    I Have B1B2 Visa / Applied for an asylum and did already Biometric but it took too long time so i travelled back to my country .Can i re-enter US Again with my B1B2 Visa or there'll be a problem , So i need to apply for I31N or the case already ca...

    Alex’s Answer

    I think that you have a much bigger problem to worry about - namely you returned to your country after applying for asylum. This is going to potentially cause you two problems. First, if you may have seriously damaged your chances of having an asylum application approved. USCIS may well ask you, "If you are afraid of being persecuted, why did you go back?" Second, since you applied for asylum you indicated that you desire to permanently remain in the United States, which could make it difficult or impossible for CBP to admit you as a visitor. I think you may need to discuss what you've done and what your plans are with an immigration attorney in a confidential consultation. But in short, I think you have issues which are a lot bigger than you think they are.

    Alex

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  • Aos fee waiver in immigration. Court

    Im in removal proceedings i recently just got my i130 approved after 14mths my question is am i qualified for a fee waiver since the rp. Took place it been ruff on my wife. Being the breadwinner of the fam we two kids n she. Barely under the po p...

    Alex’s Answer

    There are only limited instances in which the application fees can be waived for adjustment of status. This is because a green card holder could be deported if he/she uses means tested public benefits. Based on the fact pattern you describe above, I do not think that you would qualify for a fee waiver because financial hardship alone is not one of the situations in which you would be eligible under USCIS guidelines.

    See #5 on the list provided at this link for the situations in which the adjustment of status fees can be waived:

    http://www.uscis.gov/sites/default/files/files/form/i-912instr.pdf

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  • Change client during RFE

    Currently I am working on my OPT. I filed h1b from client A and after a month I moved to client B. Now I got RFE for client letter of client A. Should I file new LCA and provide client letter from client B?

    Alex’s Answer

    If you're applying for an H-1B, you need to speak to your employer's attorney about the impact of the change in an end-user client on your H-1B petition. Ultimately whether you need to file an LCA or how to respond to an RFE is up to the Petitioner (your employer) and not the beneficiary (you).

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  • My father is in jail for possession of 6 grams of cocaine and attempt to deliver. He currently has a detainer on him from ICE

    My father came to the USA in 1978 on a green card from Greece. He has since traveled to Greece many times, last time being in 1997. He is married to my mom who is also a Greek citizen. He has two children who were born here in the USA. It is his ...

    Alex’s Answer

    My colleagues are spot on. This is not the kind of problem you're going to resolve on avvo. There are a lot of very important variables that need to be discussed with an attorney confidentially - such as when this arrest/conviction occurred, etc. And it is also extremely important to remember not to talk to ICE about this. This is something you need to seek counsel about ASAP.

    Alex

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  • No notice after POE

    F3 After 30days no Welcome letter or Green card from gov.

    Alex’s Answer

    Lately I have experienced much slower processing times for green card production compared with the past three or four years.

    Alex

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  • My husband was deported once an now he's jail for rentering. But we r married an have 4 kids together how can I help him?

    Me an my kids r us citizens an they really need there father here with them any info is really appreciated

    Alex’s Answer

    You may also need to consult with a criminal lawyer if he is being criminally prosecuted for illegal reentry. Make sure to consult with an attorney who has both criminal and immigration experience or be prepared to work with two lawyers.

    Alex

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  • Re Entering USA on temporary I551 notation on VISA .F3

    Which documents are required when re - entering to USA on Temporary I551 notation on Visa .F3. ..

    Alex’s Answer

    The stamp in your passport is functionally a green card.

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