Serge Bauer’s Answers

Serge Bauer

Washington Immigration Attorney.

Contributor Level 3
  1. Change my B-1 visa to F-1

    Answered about 1 year ago.

    1. Giacomo Jacques Behar
    2. Serge Bauer
    3. Alexus Paul Sham
    3 lawyer answers

    Answer to question number 1-It will depend on the visa refusal rates for your home country, your past visa history, your family ties to your home country, your financial ability. You can check on B-1/B-2 visa refusal rates at http://www.travel.state.gov/pdf/FY12.pdf. Answer to question number 2-If for any reason, your non-immigrant visa visa expires, you must depart the the US before the expiration date of your non-immigrant visa and/or any grace period provided. Answer to question 3-...

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  2. I moved over to the U.S with my Family from England, My mother got married but left, what legal status do i have here?

    Answered about 1 year ago.

    1. William Charles Rosenfelt
    2. Ophelia Genarina Bernal-Mora
    3. F. J. Capriotti III
    4. Stefanie Y Parchment
    5. John K Lassen
    6. ···
    7 lawyer answers

    Since you are riding on your mother's immigrant visa application as a dependent, you will need to complete the process before you reach 21 years of age unless you are eligible for Child Status Protection Act (CSPA). However, the benefits of CSPA may be applicable only if your mother's application was originally filed on basis of I-130, Petition for Alien Relative. It would be helpful if you can provide additional information on what basis did you mother file for adjustment of status.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. My spouse is subject to the 2-year rule as a former J-1 visa holder. Can he apply for a work authorization under an A-2 visa?

    Answered about 1 year ago.

    1. Brian Christopher Schmitt
    2. Serge Bauer
    3. Giacomo Jacques Behar
    3 lawyer answers

    Your spouse may apply for EAD, employment authorization document if your J-1 Program coordinator will endorse and approve your spouse's EAD application. Change of status to from J-1/2 A-1/A-2 are not subject to Section 212(e), two-year rule.

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  4. My J-1 visa expired but I'm still legal in the USA,can i change my status without going back to my country and study here?

    Answered about 2 years ago.

    1. Karin Wolman
    2. Serge Bauer
    3. F. J. Capriotti III
    4. J Charles Ferrari
    4 lawyer answers

    As a rule for J-1 program sponsors require a J-1 visa holders to return to their home country in order to change visa status from J-1 to F-1. You can try to change status from J-1 to B-2 by filing form I-539 form and then perhaps you may able to get the USCIS to approve a change of status from B-2 to J-1, it is possible that the USCIS may approve the change of status. The best way to handle this issue is to return back to your home country and obtain F-1 visa.

  5. INA Section 319(b) how it can apply to my GC holder wife's case ? What specific documents need to be included in N400 package ?

    Answered over 2 years ago.

    1. F. J. Capriotti III
    2. Kyndra L. Mulder
    3. J Charles Ferrari
    4. Serge Bauer
    4 lawyer answers

    I would only recommend using Section 319(b) only if you work for the agency of the US Government, International development agency. You must meet all of the requirements in Section 319 by preponderance of evidence ; to be on the safe side, your wife should wait for 2 years and 9 months before filing N-400 naturalization application, why worry about an immigration officer making a ruling under Section 319(b). Note that your wife must reside for at least 3 months in the state before she...