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Alexander Joseph Segal

Alexander Segal’s Answers

37,964 total


  • 5 Must do things before an asylum interview in New York City

    Hi, everyone. We are having the long waited asylum interview in about 2 weeks. My wife is the applicant and I am listed on the application as a derivitive asylee. We have an attorney, she is preparing us for the interview, however, I would like t...

    Alexander’s Answer

    Internet is NOT a good place for collecting other lawyers opinions. Why? Because in summary, the only opinion is will get in this variation or that is you need to listen to your lawyer as she is working on the case and she is familiar with the case. We are not.

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  • I-131 Reentry Permit

    Hi , My wife is a green card holder and she received her SB-1 visa in December 2014. She arrived in U.S. dated on 28 February 2015. Now she is alone there and she is pregnant. Her delivery is expected in November 2015. She want to come back to h...

    Alexander’s Answer

    There is no need for any additional basis. The basis is her LPR status. Yes she does apply for Re-entry Permit. Yes, the petition for you will not be invalidated with her short stay in her country. She can also claim the new born's LPR status if she brings the child back to the USA on her FIRST return here after having given birth. She needs to consult the consulate for appropriate paperwork once the child has arrived to this world.

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  • Do I need to include certification of no criminal record for I-485?

    My background: I am working under H-1B; I have spent majority of time being student and employee in US. My goal: I just got married to US citizen, and in the process of applying adjustment of my status through I-485. My questions: In...

    Alexander’s Answer

    No, what you need to do is to read the instructions to the form and follow them to the letter.

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  • Does it affect my husbands immigration status if our child and I apply for or receive Food Stamp Benefits and Medicaid?

    Im the one fixing my husbands legal status, our son receives Medicaid, and we were giving an option to apply for Food Stamp Benefits, but Im afraid that this will affect my husbands immigration process. We are legally marry. Not sure if I should a...

    Alexander’s Answer

    Assuming you are a USC, no, but that means you might not have sufficient income to file I864 and need to utilize a joint sponsor.

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  • H1b transfer before Oct 1st 2015

    I am working in Company A and currently on OPT. My H1 visa has been approved (sponsored by company A). It will be effective on Oct.1st.But now my company is shutting down due to financial issues.can i join a new company. How can I transfer my H1 v...

    Alexander’s Answer

    You should be able to use that approved petition to claim CAP exemption if the petition was approved as CAP subject.

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  • H1-b visa

    I have a valid H1-B visa upto Oct 2017. I am currently working in the US, but was planning to go to my home country for 4-6 months and come back. during this time, i will be working remotely and my payroll will be running every month. Wil...

    Alexander’s Answer

    It should not, but your employer and his or her or its immigration attorney in particular, are the best people to ask this and many other questions concerning your plan.

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  • Is it legal to search for a Job while under J1 VISA?

    I have a J1 VISA and I'm currently employed as Research Scientist on a U.S. University. My contract will end on June of the next year. Is it possible to find a job for the next years while under J1 VISA?

    Alexander’s Answer

    I see nothing illegal in your searching for a job while on J1 visa.

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  • I came to US in June,2011. I want to know how long can I stay on H1B. Employer is filing for GC in July,2016 Is that good enough

    My initial H1B - I797 was filed with notice date of March , 2011 . My first I797B petition was from 3/1/2011 - 11/16/2013 & filed for extension 11/17-9/27/2016. I came to US in June 2011, my current petition expires on 9/27/2016. I have been out o...

    Alexander’s Answer

    You really need to seriously consider talking to the employer and convincing them to engage an immigration lawyer to work on your case.

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  • What is process for H4 - F1 Change of status?

    I am currently on H4 visa and want to file change of status to F1 as i got admission for fall session in a reputed university. I have the following questions - 1) How should i file COS - online or by sending original papers by mail? ...

    Alexander’s Answer

    Carefully reading the instructions to USCIS form I539, then getting all the necessary documentation from the DSO and then preparing and filing the form according to the instructions.

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  • What are my chances of getting my green card after over staying for 3years on a J1 visa with the two year residency requirement

    A lawyer told me I have to apply for a No objection waiver that I may not get. What is this? Also I recently got married to a us citizen.

    Alexander’s Answer

    Zero. On the facts presented you have zero changes of getting your green-card until after your either fulfill your HHR or waive it. Whether you would also be barred for unlawful presence if you leave the USA, depends on whether your J1 status was issued for D/S and if it was, whether there had been a formal fining of the status violation.

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