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Daniel E. Green

Daniel Green’s Answers

436 total


  • I became a US citizen and want to file I - 130 for my sister . Can she stay in the US while she waits for GC ?

    My sister entered the US as a student , obtained her O - visa , and now she's been in the U . S . for around 10 years . My questions are ( 1 ) how long it takes for her to get GC ? ( 2 ) can she stay in the US while she waits for GC ? ...

    Daniel’s Answer

    The sponsorship petition does not confer any legal status to your sister. But if she is here on another valid visa, she may be ok.

    Your sister should with a competent attorney or BIA-accredited representative. Nonimmigrant visa holders can get into trouble when they have an immigrant visa petition pending when they enter the U.S. or apply for a new nonimmigrant visa.

    Daniel Green, Esq.
    845-853-7302/347-245-7078
    Serving the Hudson Valley, Northeast, and the World Beyond
    www.hudsonvalleyimmigrationlaw.com
    lawyer@hudsonvalleyimmigrationlaw.com
    Location: 684 Aaron Court, Kingston, NY
    Mailing Address: PO Box 3238, Kingston, NY 12402

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  • Visit on 1

    Hi one of my friends has a 1 visa . But on the passport it says 1 / 2 . Can he travel to the United States for visiting and not any business work ?

    Daniel’s Answer

    That's what the stamp indicates, however I'd counsel someone to only do activities that are consistent with their original visa application. It's best to play as safe as one can.

    -Dan

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  • About I-485 form for march 2013 ??

    Hi, i filled i-485 application. my no was active for march. so that i send my document by sending them overnight so, that they can get my doc on 1st march. but when i track my number. it says that a notice was left because an authorized recipient ...

    Daniel’s Answer

    I don't quite get your question....what deadline were you trying to make?
    -Dan

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  • Hi, is it possible to get a holiday visa to the States with an aggravated DWI on my record ? I hold an Irish passport.

    Hey, i was convicted of and aggravated DWI last summer and plead guilty to a misdemeanor - does this mean i will be refused automatically if i apply for a visa again or could i re-enter pending an interview? Thanks.

    Daniel’s Answer

    It depends on the wording of the statute (and that depends on the jurisdiction in which you were convicted), as they vary from state to state and country to country. Consulates have near unfettered discretion when it comes to the adjudication of nonimmigrant visa applications.

    Consult with a competent attorney or BIA-accredited representative.

    Daniel Green, Esq.
    845-853-7302/347-245-7078
    Serving the Hudson Valley, Northeast, and the World Beyond
    www.hudsonvalleyimmigrationlaw.com
    lawyer@hudsonvalleyimmigrationlaw.com
    Location: 684 Aaron Court, Kingston, NY
    Mailing Address: PO Box 3238, Kingston, NY 12402

    See question 
  • If i am married with a citizen and divorce her a year after I get my green card, will it be taken away or can still be a residen

    I fell in love with someone else and am planning marrying her but I don't want to loose my green card.

    Daniel’s Answer

    You would have to file a petition to remove your conditional residency with a waiver of the joint appearance requirement by showing a good faith marriage to your present. Getting divorced, as my colleague states, is a prerequisite for doing so. And as he states, you must be prepared for suspicions of fraud on the part of DHS.

    Consult with a competent attorney or BIA-accredited representative. Once there is a fraud finding in your case, it becomes tremendously more difficult to retain your legal status.

    Daniel Green, Esq.
    845-853-7302/347-245-7078
    Serving the Hudson Valley, Northeast, and the World Beyond
    www.hudsonvalleyimmigrationlaw.com
    lawyer@hudsonvalleyimmigrationlaw.com
    Location: 684 Aaron Court, Kingston, NY
    Mailing Address: PO Box 3238, Kingston, NY 12402

    See question 
  • What to answer on DS-230 II, question 40h.

    My father was caught entering the US, got detained, and signed voluntary departure in July, 2007. When he got his immigrant visa interview two years ago, they told him he have to wait 5 years for the illegal entry in 2007. Last year in July, the e...

    Daniel’s Answer

    Whether your father needs a waiver depends on issues aside from unlawful presence. Criminal history, and other immigration related conduct may be relevant.

    Consult with a competent attorney or BIA-accredited representative.

    -Dan

    Daniel Green, Esq.
    845-853-7302/347-245-7078
    Serving the Hudson Valley, Northeast, and the World Beyond
    www.hudsonvalleyimmigrationlaw.com
    lawyer@hudsonvalleyimmigrationlaw.com
    Location: 684 Aaron Court, Kingston, NY
    Mailing Address: PO Box 3238, Kingston, NY 12402

    See question 
  • My mom got B2 visitor’s visa for 10yrs and she is the USA currently for 6months. I want to extend her stay for six more months?

    How long it will take to extend the visa?

    Daniel’s Answer

    In addition to what my colleague suggested, your mother must present a valid reason to extend her visit. The reason must be related to activities that are compatible with a b2 visa.

    Consult with a competent attorney or BIA-accredited representative.

    -Dan

    Daniel Green, Esq.
    845-853-7302/347-245-7078
    Serving the Hudson Valley, Northeast, and the World Beyond
    www.hudsonvalleyimmigrationlaw.com
    lawyer@hudsonvalleyimmigrationlaw.com
    Location: 684 Aaron Court, Kingston, NY
    Mailing Address: PO Box 3238, Kingston, NY 12402

    See question 
  • I entered u. s with b2 visa.. changed status to h1b.. currently working here.. i had an agency who process everything for me..

    the only document i have us it say I-797A.. my passport didnot get any stamp. but i detached a small paper from the said form to my passport.. i need to renew my visa dis nov 2013. do i have proper document to renew my visa?

    Daniel’s Answer

    Complete file review would be needed to screen visa eligibility.

    Consult with a competent attorney or BIA-accredited representative.

    -Dan

    Daniel Green, Esq.
    845-853-7302/347-245-7078
    Serving the Hudson Valley, Northeast, and the World Beyond
    www.hudsonvalleyimmigrationlaw.com
    lawyer@hudsonvalleyimmigrationlaw.com
    Location: 684 Aaron Court, Kingston, NY
    Mailing Address: PO Box 3238, Kingston, NY 12402

    See question 
  • As a green card holder, what are the options for sponsoring my spouse who is already in the US?

    We got married on 2008. It was 1/2 year after I got my green card. Then, we moved to the US on 2009. My spouse is on F1 visa and doing an OPT. The OPT is running out very soon. What are the options for sponsoring my spouse? Fyi, we have appli...

    Daniel’s Answer

    I agree with my colleagues. An added issue that you must be mindful of is visa fraud; such a finding can be made (putting your spouse in a very tough position) depending on the chronology of your relationship, your spouse's visa applications, and her interactions with Customs at her port(s) of entry.

    Consult with a competent attorney or BIA-accredited representative.

    -Dan

    Daniel Green, Esq.
    845-853-7302/347-245-7078
    Serving the Hudson Valley, Northeast, and the World Beyond
    www.hudsonvalleyimmigrationlaw.com
    lawyer@hudsonvalleyimmigrationlaw.com
    Location: 684 Aaron Court, Kingston, NY
    Mailing Address: PO Box 3238, Kingston, NY 12402

    See question 
  • USC (Petitioner) file (I-130) Received NOA1, category (201b INA spouse of USC ). priority date 12/14 how long will the process

    what does it mean, showing the priority date is it the starting date of process.

    Daniel’s Answer

    The priority date for the spouse of a USC is the date of filing. You don't have to wait for the date to become current, it already is. That being said, as my colleagues state it takes a few months for adjudication.

    -Dan

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