Skip to main content
Joseph H Rosen
Avvo
Pro

Joseph Rosen’s Answers

4 total

  • Hi..my boyfriend wants to get a fiance visa but i am not divorce to my first husband even legal papers we don"t have is there

    Any possibility to approve a fiance visa? thank you for the answer

    Joseph’s Answer

    You are not eligible to marry until your divorce is final, therefore you can't file for a fiancé visa

    See question 
  • How can I get my fiancé papers for him to live in the U.S with me?

    My fiancé and I have been dating for 4 years. I am 18 & he is 19. We have decided to start a new chapter in our life's by getting married & our parents are more than thrilled about it. The problem is he lives in mexico and I live in the US. He's n...

    Joseph’s Answer

    Once you get married, it cannot be processed as a fiancé visa. You will need to file an I-130 for a spouse. Both a fiancé and a spouse application take the same time, about a year till he gets here. I charge $175 for a consultation and can do it in my office or by phone or SKYPE.

    See question 
  • My wife at the age 0f 22 and my child at the age of 1 month have entered to united states without inspection and be caught by bo

    border patrol.my wife lied to them saying she was from honduras and they gave her a paper for her to attend a court she didnt show up.was my child deported on abscence like her mom? cause i know she had a order of deportation on her abscense? t...

    Joseph’s Answer

    The answer really depends on when and why your wife failed to appear in Immigration Court. It's tough to make a recommendaton on that issue without knowing more facts. If your son was not named in the removal proceedings, he was not ordered removed. You don't mention your status. Are you a U.S. citizen? If so, your child may have U.S. citizenship. An immigration attorney whould be able to asssist you in regard to the above issues.

    See question 
  • My 5 Years Time Limit on current L1B will be expired on 10/14/2012 and can i apply H1B in april 2013 for full quota of 3 years?

    My 5 Years Time Limit on current L1B will be expired on 10/14/2012 and i will be leaving the Country on 09/26/2012 itself. Can i apply for H1B on 04/01/2013 with the same employer with the effective start date of 10/01/2013?. I assume i will be co...

    Joseph’s Answer

    Yes you can. The five years of L will count towards the six years of H1B max time. On occaision, CIS has denied such applications claiming that your year out of the country must be completed at the time you file the application (4/1/2013) rather than the employment start date(10/1/2013). In your case, because you only have the five yeasr towards the max, you could still file it. In the most conservative manner, you could file for the one year as an H1B and then either extend the approval or file an amended petition to show you are eligible for a new six years.

    I don't know your situation, but I'm surprised that your employer did not change you to an H1B effective 10/1/2012 or start a green card process for you.

    See question