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Alexander Joseph Segal
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Alexander Segal’s Answers

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  • Question regarding J-1 hardship waiver

    Greetings All, I'm applying for J-1 hardship waiver , I'm a physician who finished internal medicine training and two fellowships , spouse is not a U.S. Citizen and we have 3 U.S. Citizen children 5, 3and 2 years , the case now in DOS , I'm foll...

    Alexander’s Answer

    Depends on the reasons for the waiver. You started with the hardship waver and ended up with the need letter. At the very least one needs to review your record to figure out what the procedure should be as applied to your situation. There are difference procedures depending on the type of a waiver you seek. As a general rule, the need letter is not required in a hardship waiver situation and not always you can seek a hardship waiver. If you filed for a waiver which does not apply to you, the Government might treat your waiver as an application for one that is applicable since the form is the same. Hence you could have received this conflicting request.

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  • As a permanent resident in removal proceedings, can I still work while with my valid SS card?

    I obtained my green card through marriage. We filed the I-751 to remove conditions, but before a decision, I found out my wife cheated on me and she divorced me before the I-751 was approved...so it eventually got denied. I am now in removal proce...

    Alexander’s Answer

    You can work until the immigration the final disposition of your case is reached. Until the final order of removal is entered and survives all appeals you are still an LPR. In removal proceedings or not you should refile the I751 this time as a waiver or seek review of the denial by the judge as the situation could be. It would be in your best interest to hire an efficient and proficient immigration attorney to represent you.

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  • My green card expired 12 years ago (2003). Can I still renew it?

    I have no criminal issues and have not left the US. The card itself is simply expired. Can I still renew it? Thanks.

    Alexander’s Answer

    Yes you can renew it easily if you are an LPR and not CR. The form is I-90 and the wish is good luck.

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  • Jumping from TN visa as computer engineer to E1 visa as information systems manager or other type or visa, to match new posit

    I'm currently working under TN visa, as a computer engineer. i have experience as a team leader from an IT department in mexico. now i have an offer as a information systems manager on another company, that does not have location in mexico. sh...

    Alexander’s Answer

    A good idea but you need to talk to an immigration lawyer would would be able to review your record and come up with a suggestion. It will be E2 visa probably not E1.

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  • Im under supervision after ice released me. How can i get EAC, because i want to apply for SSN.

    Am i eligible to get Employment Authorition Card?

    Alexander’s Answer

    If you are subject to removal proceedings on supervision you are USCIS Form i765 with a copy of the supervision order and indicate category c(18).

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  • May we become a Legal Permanent Resident? LOOKING FOR A GREAT LAWYER to help us!

    My Fiancee is a Legal Permament Resident for over over 10 years now. Our plans are to get married in December 2015. And start his process of naturalization in 2016. I have a daughter that will turn 18 on 26 of January 2016. My questions...

    Alexander’s Answer

    I agree with the colleague. Your question is very case specific and requires review of the record to provide an advice beyond "current" or "incorrect" You can find many great lawyers on AVVO. You have definitely come to a right place. TO start the process, use the Find a Lawyer feature above and limit your search by geographic area and immigration. You will get a list of attorneys close to you. Read their CVs and decide who you would like to contact. It is as simple as that.

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  • Avoid checklist

    Every attorney said that we change our joint sponsor at NVC with new form i864 but what about checklist send by NVC to correct mistake by previous joint sponsor

    Alexander’s Answer

    I am not vey sure it is needed. Call the NVC. They have good customer service and discuss this matter.

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  • Paystub not generated affect green card process

    My friend has approved h1 but landed USA after 6 months. For initial 2 months, lost job&no paystub generated, after that Got job and generating paystub. Will this gap in paystub, trouble him in greencard approval? Any solution?

    Alexander’s Answer

    It could but it is not very likely.

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  • I am an A-2 visa holder who is residing in the US. I am applying for my green card through my spouse who is a green card holder

    I have a valid A-2 visa and I am planning on sending my application package. Can I file the I-130 and I-485 concurrently?

    Alexander’s Answer

    • Selected as best answer

    No. You need to wait until the F2A category priority becomes current. This will take about two years. She needs to file I-130 and you need to maintain your status. Once priority is current you will be able in this scenario to file I485 and the waiver of the diplomatic immunity

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  • If I send a petition to change status today, then will USCIS consider the petition, even though it is filed after the exp date?

    I came here with J1 visa-student work exchange program. This visa is exempt from the 2 year requirement. So, I was told that I can change it to F1 visa. Unfortunately, I made my decision to change it late: the visa expired yesterday.

    Alexander’s Answer

    No. The grace period under J1 unlike the grace period under F1 does not extend the status only the permission to stay in the USA. Hence, you cannot file for change of status as a general rule. As an exception. you can file and request that USCIS consider the application nunc pro tunc given the very small lapse of time since the status expired. If that is what you want to do, do it already as time is of the essence in this situation.

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