Mark Ivan Davies’s Answers

Mark Ivan Davies

New York Immigration Attorney.

Contributor Level 10
  1. Iam US greencard holder and my wife is residing in nepal . i wanna bring her here in US

    Answered over 2 years ago.

    1. Mark Ivan Davies
    2. Eugene J. Glicksman
    3. Luis Alberto Guerra
    3 lawyer answers

    The other commentator is correct that the waiting period for the spouse of a green card holder to obtain a green card is significant. Were you to naturalize and become an US Citizen and if you wife is otherwise eligible she would be able to obtain an immediate green card. Generally, you are eligible to naturalize and become a US Citizen after you have held a green card for five years, some exceptions apply. There are also some disadvantages of US Citizenship that you should be aware of....

    7 lawyers agreed with this answer

  2. False Claim to US Citizenship on an I-9 Form and Green Card Application

    Answered 9 months ago.

    1. Mark Ivan Davies
    2. Stephen D. Berman
    3. Alexandra Elizabeth Kennedy
    4. Jennifer Wang
    5. Randall Drew
    6. ···
    6 lawyer answers

    This is a good question. I agree with all of the comments below explaining that falsely claiming to be a US Citizen is currently a permanent and un-waivable bar to obtaining a "green card". I also agree that obtaining a copy of the I-9s your husband filed is a really sensible thing to do. Amongst myriad others, your question raises two particular issues: 1. Did you husband actually claim to be a US Citizen for the purposes of immigration law? There is, for example, a BIA...

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  3. I've been in the US since Aug of 1999 and I overstayed my student visa now for by a year and 4mos.can I change my status through

    Answered over 2 years ago.

    1. C. C. Abbott
    2. Luis Alberto Guerra
    3. Mark Ivan Davies
    4. J Charles Ferrari
    4 lawyer answers

    The information the other lawyers have given you is correct. There may be other potential options for you and you MUST consult an experienced immigration lawyer. Our firm maintains presence in Georgia, as well as New York and I would be happy to talk to you if you would like. Best of luck Mark

    5 lawyers agreed with this answer

  4. What are the minimum requirements for entrepreneurs looking for H1B visa?

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Mark Ivan Davies
    3. Nicklaus James Misiti
    4. Karen-Lee Pollak
    4 lawyer answers

    Obtaining an H1-B visa is possible but anyone who tells you it will be easy in these circumstances is being disingenuous. That said, there are a number of things that you can do to strengthen your case. Reading your question there could be other visa types that may be better for you than an H1-B visa. There is insufficient information to tell from the information you give but I would be very willing to discuss this with you. By slightly restructuring the way the company is set-up there...

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  5. I need a pro bono immigration lawyer in nyc to help me with my adjustment of status paperwork

    Answered about 2 years ago.

    1. Mark Ivan Davies
    2. David Eli Larson
    3. Robert West
    3 lawyer answers

    That sounds fairly simple. We have a pro-bono program. If you can proove low income is be happy to help you. Best Mark

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  6. Traveling abroad when US visa has expired for less than 30 days to Mexico

    Answered over 2 years ago.

    1. Mark Ivan Davies
    2. Debbi Lee Klopman
    3. Neil Ian Fleischer
    4. Craig Randall Shagin
    4 lawyer answers

    The applicable provision appears in 22 CFR §41.112(d) which is included at the end of this post. The right advice is to see an immigration lawyer familiar with this provision as its rules need to be followed very very carefully. Even then there have been cases of a CBP officer not familiar with the provision, that is regardless of what the law might be it really does not help if you are improperly refused re-admission and have to get to work the next day. Kind regards Mark §41.112(...

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  7. E-2 visa for a software engineer

    Answered 9 months ago.

    1. Mark Ivan Davies
    2. Giacomo Jacques Behar
    3. Lynn Marie O'Brien
    4. J. Thomas Smith Ph.D.
    4 lawyer answers

    While intended to be slightly broader than your question asks I hope you find the following to be helpful. If you would like more details please feel free to call, me today or next week. While I do not speak Russian one of my team members is from the Ukraine and would be able to speak to you in either Ukranian or Russian next week: The Immigration & Nationality Act ("INA") provides laws pertaining to the issuance of E-2 treaty investor visas. Pursuant to INA S 101 (a)(15()E)(ii), an E-2...

    5 lawyers agreed with this answer

  8. 221g Blue Slip 16th April 2013 Mumbai India Consulate First time H1B Stamping COS F1-OPT-H1B. Model EVC

    Answered 11 months ago.

    1. Alexander Joseph Segal
    2. Mark Ivan Davies
    3. Gen Kimura
    4. Anu Gupta
    4 lawyer answers

    It is stressful waiting for an answer. I assume that when you say I came "here" to get married and visit family you are referring to Mumbai? Hopefully you will have heard by June 1st, but that may not be the case. While I am based in New York we have a location in Mumbai and I will be in Mumbai June 1-June 4th. We are currently in Navi Mumbai but anticipate being the the financial area by June 1st. Best Mark

    5 lawyers agreed with this answer

  9. I want to come to the US and marry my boyfriend (US Citizen) and remain there. What should be the first thing we file for?

    Answered about 2 years ago.

    1. Stephanie Scarborough
    2. Mark Ivan Davies
    3. Kevin Lawrence Dixler
    4. Curtis Frederic Pierce
    5. Neil Ian Fleischer
    5 lawyer answers

    In these circumstances a fiancé visa seems most appropriate. With that visa you can enter the country but must marry and apply for a greencard within 90 days. That process begins with your gathering appropriate evidence and your fiancé filing paperwork in the US on your behalf. The paperwork will eventually find its way to you local consulate, where you will file additional paperwork and have an interview. If you read the section on fiancé visas at the USCIS website it will give you an...

    5 lawyers agreed with this answer

  10. My Application was dinied because I over stayed, my dad was the pettioner If I marry my fiance will they forgive me?

    Answered about 2 years ago.

    1. Mark Ivan Davies
    2. Luis Alberto Guerra
    3. Andre R. Olivie
    4. J Charles Ferrari
    4 lawyer answers

    Thank you for your question. You don't mention if your fiancé is a US Citizen (USC), Lawful Permanent Resident or other visitor to the US? Assuming he is a US Citizen and there are not other issues with your case he may be able to successfully petition for a green card for you. I suggest you have an immigration lawyer review your history with you and give you appropriate advice. If you would like to go over this in a little more detail by phone I would be happy to do so. Best of...

    5 lawyers agreed with this answer

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