Leonard John D'Arrigo’s Answers

Leonard John D'Arrigo

Albany Immigration Attorney.

Contributor Level 11
  1. Preparing for permanent residence application but don´t have any pictures with my husband´s parents.

    Answered over 3 years ago.

    1. Leonard John D'Arrigo
    1 lawyer answer

    USCIS will look at the totality of your evidence in making a determination. As long as you have other evidence of your shared life together, I don't think it would a deciding factor. Can you get a letter/affidavit from your father-in-law confirming the relationship or that you both lived with them? See my Guide on Evidence for a Marriage-Based Adjustment of Status Application for a list of other suggested evidence. _________________________________________ Leonard J. D'Arrigo, Esq.|...

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  2. What will happen to my status and I am still living in the Philippines can I apply for an extension at least 6 years?

    Answered over 3 years ago.

    1. Carl Michael Shusterman
    2. Leonard John D'Arrigo
    2 lawyer answers

    If you are a U.S. permanent resident, you should file for a reentry permit (Form I-131) in order to prevent a determination that you have abandoned your permanent resident status. Contact an immigration attorney to discuss the details. _________________________________________ Leonard J. D'Arrigo, Esq.| Whiteman Osterman & Hanna LLP One Commerce Plaza | Albany, New York 12260 518.487.7642 | fax: 518.487.7777 | ldarrigo@woh.com

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  3. Petition to change Visa status from L1 to B2

    Answered over 3 years ago.

    1. Leonard John D'Arrigo
    2. Robert Daniel Kelly
    2 lawyer answers

    Yes, you can file Form I-539, Application to Change/Extend Nonimmigrant Status. Processing can take anywhere from 2 months to 6 months. I would not recommend leaving the U.S. while the change is pending since this would abandon your change of status request. As long as the application is pending/unajudicated, you can remain in the U.S. I would limit you request to 6 months or less. I've had many I-539 applications approved under these very same circumstances, so I don't think you'll have any...

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  4. My wife is 15yrs older than me and we got our marriage interview comming up will this affect us and be denied .Need some advise.

    Answered over 3 years ago.

    1. Carl Michael Shusterman
    2. Leonard John D'Arrigo
    2 lawyer answers

    This is only one factor in the analysis of whether you married for the "right" reasons and not to obtain a green card. The strength of your case will also depend on what other evidence you will be submitting. You and your wife should discuss how to answer the age question in advance and have a reasonable explanation. For example, maybe you've had other relationships in the past with younger women and they just never worked out because you have different values, or are more mature...or you enjoy...

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  5. H1B after reaching the 6 year limit

    Answered over 3 years ago.

    1. Leonard John D'Arrigo
    2. J Charles Ferrari
    3. Lynne Rogers Feldman
    4 lawyer answers

    Let me clarify my prior point...you may obtain subsequent three-year extensions on a previously approved I-140 petition unless the employer has revoked that petition. Most employers do not affirmatively do this, but they certainly may.

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  6. I-485, timing of interview after biometrics,

    Answered over 3 years ago.

    1. Leonard John D'Arrigo
    2. Jacqueline Marie Brown Scott
    3. Stuart Jonas Reich
    3 lawyer answers

    Average processing time from time of filing until interiew is 90 days to 4 months. I would base it from time of filing, rather than date of biometrics. If your application is based on marriage to a USC, there will most definitely be an interview. Leonard J. D’Arrigo | Whiteman Osterman & Hanna LLP Associate One Commerce Plaza | Albany | New York | 12260 | o | 518.487.7642 | f | 518.487.7777 | e | ldarrigo@woh.com | w | www.woh.com

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  7. H1b renewal, but out of stauts.

    Answered over 3 years ago.

    1. Leonard John D'Arrigo
    2. Elizabeth Rose Blandon
    2 lawyer answers

    This answer will assume that you do not have a pending I-485. You should leave as soon as possible, but in no event should you stay beyond 180 days from the date that the prior H-1B expiration. If so, you will trigger a 3 year bar or 10 year bar (after 1 year). _________________________________________ Leonard J. D'Arrigo, Esq.| Whiteman Osterman & Hanna LLP One Commerce Plaza | Albany, New York 12260 518.487.7642 | fax: 518.487.7777 | ldarrigo@woh.com

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  8. H1-B Visa Stamping

    Answered over 3 years ago.

    1. Leonard John D'Arrigo
    2. Lynne Rogers Feldman
    2 lawyer answers

    You can process in Canada, but in the event that they are unable to approve your visa application for some reason, you would need to travel directly to your home country if you do not have a valid F-1 visa to reenter the U.S. on. You may also be subject to administrative processing, which could delay processing. During this time, you would need to remain in Canada to wait for processing to be complete. There is no way to predict if you application will require further administrative processing....

  9. Do I need a seperate I-130 for my step child

    Answered over 3 years ago.

    1. Leonard John D'Arrigo
    2. Stuart Jonas Reich
    2 lawyer answers

    You will need to file a separate I-130 petition for the step child and a separate I-485 applicaton will also be required if they will be filing an adjustment of status. Leonard J. D’Arrigo | Whiteman Osterman & Hanna LLP Associate One Commerce Plaza | Albany | New York | 12260 | o | 518.487.7642 | f | 518.487.7777 | e | ldarrigo@woh.com | w | www.woh.com

  10. Am I allowed to fill I-864A form Affidavit of Support for my own self?

    Answered over 3 years ago.

    1. Leonard John D'Arrigo
    1 lawyer answer

    Yes, you can include your income since you have valid employment authorization through the H-1B. You do not need to complete Form I-864A because you are the intending immigrant. You will just include your income on your wife's I-864 form. _________________________________________ Leonard J. D'Arrigo, Esq.| Whiteman Osterman & Hanna LLP One Commerce Plaza | Albany, New York 12260 518.487.7642 | fax: 518.487.7777 | ldarrigo@woh.com