Serge Bauer’s Answers

Serge Bauer

Washington Immigration Attorney.

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

    Answered over 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-...

    Selected as best answer

  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 over 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 over 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.

    1 person marked this answer as helpful

  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 over 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. 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.

    Answered 13 days ago.

    1. Marisol Andrea Haro
    2. Adan G. Vega
    3. William Elmer Niffen II
    4. Hany S Brollesy
    5. Serge Bauer
    5 lawyer answers

    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.

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

    Answered 13 days ago.

    1. Aleksandr Y Troyb
    2. Walter A. Shalvoy Jr.
    3. Ronald J Cappuccio
    4. Serge Bauer
    4 lawyer answers

    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...

  7. 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...