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Serge Bauer

Serge Bauer’s Answers

7 total

  • I am a U.S. citizen and would like to petition my mother who has been living in US illegally for more than 10 years.

    I was charged with a felony for possession of uncontrolled substances and was court-ordered to attend a drug diversion program because my I don't have any prior criminal charges. Will my drug charge prevent me from petitioning my mother?

    Serge’s Answer

    Your prior criminal history will not affect your mother's benefits under DACA provisions provided that your mother was never charged with any enumerated crime that will preclude her from obtaining immigration benefits under DACA. We anticipate that the USCIS will publish DACA application requirement within next 180 days.

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  • I want to own multiple businesses but do not understand if I should form a holding company?

    My friend owns a start up real estate company that I am looking to be a majority owner of, right now I run a small investment advising business. Can I form a holding company that can own both businesses, instead of being on each one? Should I form...

    Serge’s Answer

    You may consider either a holding company structure that may be formed in State of Delaware or another tax friendly jurisdiction that will own interest in various business entities or decide on the new type of LLC structure called series LLC or so called “master” LLC with one or more series of members, managers, interests, or assets. A LLC ownership structure is the preferred entity in structuring ownership in real estate assets. You should consult with your tax advisor on the benefits of both LLC and S corporation.

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  • Change my B-1 visa to F-1

    Dear Lawyers, I am on B1/B2 visa status in US and I have received Provisional Acceptance (Conditional I-20) for a master degree because I have not taken GRE exam yet. There are 3 questions: 1- If I apply for F1 visa from my own countr...

    Serge’s Answer

    • Selected as best answer

    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-Yes, it is generally possible to change your status from B-1 to F-1 inside the US, whether or not you will be granted COS, Change of Status will depend on your prior visa record, type of program enrolled in the US, your prior educational background, your financial ability to pay for the course of study as required by F-1 visa regulations.

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  • 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?

    I have a Work Permit and a social Security number valid until January but my mother never finished the immigration process , i am 20 years old and turn 21 in 2 months , what steps can i take to remain here legally

    Serge’s Answer

    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.

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  • 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?

    And will he be able to obtain the A-2 visa at all despite being subject to the two-year rule?

    Serge’s Answer

    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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  • 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?

    I came in the USA as an aupair and Im on my second year.I applied for community college and I got accepted but they are refusing to issue me I-20 saying that I cannot change my status inside USA and that I have to go back and change it.Is there an...

    Serge’s Answer

    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.

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  • 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 ?

    GC holder wife obtained her conditional GC on August 2010 through USC marriage. In February 2011, we moved to abroad due to my (USC husband) job oppurtunity with an American firm. I got my job when I was abroad. Not a direct offer, while I was ...

    Serge’s Answer

    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 is eligible to file N-400 application.

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