Skip to main content
David H Nachman

David Nachman’s Answers

29 total

  • I married a Colombian citizen while she was in the US, but she returned home to finish her degree.How do I get her back legally.

    How do I get my Colombian wife back to the US when she completes her education?

    David’s Answer

    You can file for her green card in the U.S. and have the visa sent to Colombia. In the alternative, you may be able to use the K-3 process. The route you take may depend upon your ability to provide an Affidavit of Support for your wife.

    See question 
  • Visitor visa expired can i still finish school and or work, what do i need to file with immigration USCIS

    i have no status. I finished HS here and in community college now. My mother remarried and got her green card but unfortunately i am 22 yo therefore i was ineligeble for dependency. The lawyer said that to get my papers - i need to marry a us ci...

    David’s Answer

    Make sure it is a "real" marriage and not one for convenience. The CIS will be on the lookout for convenience marriages. Please feel free to visit our website for information about marriage to a U.S. Citizen in order to pursue such a case. When the case is filed you would have to wait about 90 days to have a work authorization card which you can use to get a social security number and a driver's license. Because you were told that marriage would be able to get you status, we are going to assume that you entered the U.S. "inspected". If you did not(and you do not have a 245(i) case then you may be out of luck. As you can see, the response to your query, of course, requires a deeper analysis.

    See question 
  • Can i get a copy of my husbands file from immigration

    his file was rejected. where do i go or who do i talk to

    David’s Answer

    This will depend upon the type of file that it was.

    See question 
  • H1b visa has expired, is it possible to renew h1b without leaving the U.S.

    I had H1B visa and it expired before I applied for extension. They gave me a new one instead of extending my existing one. My lawyer told me not to go back to my native country to apply US consulate to get the new h1b because they might not give i...

    David’s Answer

    There is a mechanism available to allow you to ask the CIS to go back and grant status Nunc Pro Tunc. The process is subjective to the CIS Officer reviewing the case and is generally granted when there is not such a long time lapse. You have mentioned 2 years. That is a very long time. However, you can certainly try a Nunc Pro Tunc case.

    See question 
  • How to extend the H1B beyond 6 years?

    My H-1B is expiring in Jan 2010, and it would be the 6th year. Is there any way to extend it? I was told that I can file the PERM at least 365 days before the expiration date (which is too late for me). Is that true? I was also told I can apply...

    David’s Answer

    The law says that if you have filed and have pending a Labor Certification Application for 365 days prior to the end of the 6th year, then you can extend the H-1B in one-year increments.

    We suggest, under the circumstances, that you look closely at the amount of time that you have actually been in the U.S. in H-1B status for the past 5 years, as you may be able to recapture enough time to allow you to file the Labor Certification still within the 5 years. You may also want to consider leaving the U.S. for a bit of time to have sufficient time to allow you to file.

    Pre-certified classification like EB-1(a) may be a possibility, but we would want to do a complete analysis of your case to see if such a classification may work for you. There may be other pre-certified options available.

    See question 
  • What immigration forms do i need to petition for my husband already in the us

    what forms do i need to petition for my husband already in the us?

    David’s Answer

    There are several ways for an individual to be sponsored for immigration purposes. It could be through a family relationship or through employment. If you are a U.S. Citizen spouse filing for a foreign national then you would want to file an I-130 and (if your spouse entered the U.S. with inspection) you can also file (simultaneously) the I-485 Adjustment Application. These documents are filed with the NBC. Your question is somewhat vague however and we do recommend that you see proper Legal Counsel before you proceed.

    See question 
  • IMMIGRATION

    HI MY DAUGHTER RECIEVED THE IMMIGRATION NOTICE REGARDING THE PETITTION FORM I-130 I AM A GREEN CARD HOLDER ONLY, CAN MY DAUGHTER SEND OR WHEN CAN MY DAUGHTER SEND THE FORM I-485 FOR ADJUST OF STATUS? SOME PEOPLE SAID THAT I HAVE TO WAIT FOR THE NO...

    David’s Answer

    Once the priority date has become current then she should be able to send the I-485. In the alternative, if you become a Citizen then she should be able to send the 485 immediately thereafter.

    See question 
  • Immigration category Indian

    I am an Indian working on an H1B Visa for the past 6 months. My employer has said that he wants to file a Green Card Application for me. Though I am have a masters education from India (equivalent to US masters), i am employed at a entry level pos...

    David’s Answer

    The determination about EB-2 and EB-3 depends upon the requirements for the position being offered in the PERM on a full time and permanent basis. Based upon the information that you have provided it would seem that your case can be treated as an EB-2 case. However, a more thorough examination of the facts could show otherwise. You and your employer should speak to a qualified business immigration lawyer who can explain the upsides and the downsides to doing a case as either an EB-2 or EB-3 case.

    See question 
  • F1 marrying permanent resident

    I am on OPT , want to marry a green card holder. Can i apply for my green card after that ?

    David’s Answer

    You can do that but it will require a thorough analysis of the legal issues. In general our offices do not recommend that the process be done this way. The F-1 (OPT) is not a "dual" intent classification. If an F-1 marries a green card holder and travels outside the U.S. then they may not be able to return since the officer may say that the F-1 no longer possesses intent to leave the U.S. Oftentimes, it it better to wait until the green card holder Naturalizes and then to apply for the F-1 (if same is possible).

    See question