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David H Nachman

David Nachman’s Answers

29 total

  • My mom became a citizen when I was 12 how would I know if I'm a citizen.

    I never did anything or went to clear my status?

    David’s Answer

    How old are you now? We will need to check the provisions of the Child Citizenship Act for you. Call an immigration lawyer who can meet with you and do the research.

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  • IMMIGRATION LAWYER ISSUE? HELP PLS?

    my immigration lawyer Benjamin L. Cox is not returning my personal property and balance amount of money. I have paid him 10 grand for my case and 10 grand as a security for my bond. he is not returning my bond money as i never got bond . also he g...

    David’s Answer

    I agree with my colleagues.

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  • Do I need to take a DNA test to apply for a green card for my parents?

    As a naturalized US citizen, I am currently thinking of applying for green cards for both of my parents who reside abroad. Before going forward with the process, I want to know the following: will USCIS require that we take DNA tests to prove our ...

    David’s Answer

    In general, the birth certificates and other evidence (we can guide you) are sufficient to provide the familial relationship. As my colleagues have properly pointed out, the U.S. Consulate could ask for a DNA test if there is information that might lead them to believe that the familial relationship specified (parent/child) does not exist. If you document the case with more then just the birth certificates then there is a good chance that you may be able to overcome the possibility of the DNA request by the Consulate. Nevertheless, a DNA test is ultimately discretionary to the U.S. Consulate Officer.

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  • After AOS interview 5 months passed-No decission yet

    We got married in April-2011 and filled an AOS in May. My AOS notice date is May 23,2011. I completed my biometrics and my interview was scheduled on Aug 24,2011. At the interview the IO asked lot of questions and he took my i-94 and he checked my...

    David’s Answer

    You need to contact someone who has worked extensively with the NY District Office and its staff to advance cases for their clients. We do this all of the time (and many of my colleagues do this too). It is very routine. We highly recommend that (if you are not able to advance the case alone using INFOPASS) that you consider hiring a lawyer to assist you here. Be sure to check to see if the lawyer that you hire has a track record of advancing cases in the NY District office. The reason for this is because, like the Courts, there are special nuances and processes in the NY District that vary from those in other Districts.

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  • If my Visa Expires & I-94, How can I get a working Authorization?

    I came into the US with a B1 visa and I was given a 3 months visa which as expired but my i-94 as not yet expired but have 2 months for it to expire. Now my question is: 1. I have decided to stay back in the US and live, how can I change my stat...

    David’s Answer

    I agree with my colleagues but would like to add that the best way to determine your options would be for you to send our office a resume so we can give you some ideas about the types of nonimmigrant visas (of which there are many) that you may be able to obtain to allow you to have status in the U.S. There is not a cookie-cutter answer to anyone's immigration options in the U.S. A person's options are very sensitive to their academic and/or experiential background. Once we see a resume then we are able to better assess the options and chances of success for our clients.

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  • Immigration citizenship FBI name check

    This incident happened like two years ago. The FBI came to my house asking about a friend of mine that they were looking for. I told them what I know about him and they left. I never heard from them again. I am applying for my citizenship now, c...

    David’s Answer

    While it is not likely that this will be an issue, there may be an issue that might "delay" your Citizenship case if you were implicated with regard to matter of great interest to the FBI. We have found this to be the case in many matters that we have handled. In fat, we had one where we had to fight a great deal to prove that the individual had nothing to do with the case under investigation. The issue would likely be whether or or not you were investigated yourself (implicated) or whether you may have just been a witness. This would be hard for you to discern based upon the information that you have provided. You may want to use legal counsel for your Naturalization Application.

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  • Change of status from B1 to F1 not approved yet?

    what happens if semester starts, but change of status from B1 to F1 not approved yet? I94 was valid at the time of application, but expired already

    David’s Answer

    You cannot start studying in your program until the F-1 status is approved by the USCIS - U.S. Citizenship and Immigration Services. However, you should always check in with your ISO - International Student Officer - soonest for nuances with regard to the policies of the academic organization. The ISO usually guides you with regard to immigration questions of this type. We represent many academic organizations and tend to find that the ISOs have their own plans and strategies for dealing with issues that international students encounter in the immigration law context.

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  • My attorney is giving me conflicting information.

    I have been petitioning for my wife via I-130 application. I was told by an outside an attorney that contacting my local congressman could help. I inquired further with my Attorney, she told me it would not help. Recently I contacted our congressm...

    David’s Answer

    I do understand the conflicting information. This is because some Congresspeople do help and some do not. I sued to work for Senator Bradley and we always worked hard for our constituents to assist them with the immigration process by calling the "congressional liaison" staff and by directly communicating with folks in the administrative process who can help our clients. On the other hand, I had friends in other congressional offices who "paid lip service" to the process of assisting the constituents about immigration issues and then they did not actually do anything. Personally I do not think that there is anything that can be done with regard to your attorney in this regard because he/she may not be familiar with the way the Congressperson in question handles their constituents with regard to immigration issues.

    Please see us at http://www.visaserve.com.

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  • My L1B Visa expired on Oct 6th 2011 but my I94 is valid until Aug 7th 2012. When can i apply for extention at the earliest.

    My L1B Visa expired on Oct 6th 2011 but my I94 is valid until Aug 7th 2012. When can i apply for extention at the earliest. Is it before 6 months of I94 expiry.

    David’s Answer

    I agree with my collegues.

    Please see us at http://www.visaserve.com.

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  • Is it possible for me to get the J1 Visa? For how long? after that, can the company hire me?

    Hi, I am a person who lives in the Statas butI am not American. I just graduated from my MSc program and I found a company that can sponsor me for the J1 Visa. Am I allowed to get it? For how long is it? What are related costs? Can I be hired afte...

    David’s Answer

    The J-1 is very complicated (especially in this economic climate). Take a look at the Hersey Debacle with the J-1 this past summer and Hillary Clinton's reaction. You should read the U.S. Department of State website about the J-1 and see if your employer is ready to work with an umbrella organization to get your J-1 visa. Also, you may need to be aware that you may be subject to Section 212(e) by taking-up J-1 status. Perhaps you will want to consider one of the many other work visas available before you look to the J-1. For more information you may want to visit us on the web at http://www.visaserve.com.

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