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David Nabow Soloway

David Soloway’s Answers

2,364 total


  • We want to hire someone from another country. Can Work Visa be fast tracked, if we make offer?

    What are the visa requirements for a minimal stay

    David’s Answer

    As indicated in previous responses, significantly more information is needed in order to assess eligibilities, options and strategies. This includes information about the prospective employee, about the employer and about the job itself. There really is no substitute for consulting with an immigration attorney about this.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Kennedy, P.C.
    1800 Century Place, Suite 100
    Atlanta, Georgia 30345

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  • Can a person in prison apply for N-400?

    This person has been a resident for several years. He is now in prison for a drug charge. Is their a way he can do N-400 process while in jail?

    David’s Answer

    Technically, a Permanent Resident is not prohibited from filing a naturalization petition while serving time in jail, but such a petition could not be approved while the person is in jail (evidence must be submitted to show that a petitioner has completed all parts of a court-ordered sentence). Beyond that, one criterion for naturalization eligibility is to prove that the applicant does not lack good moral character, and imprisonment for a drug offense almost certainly would be a barrier to that for five years or more. Additionally, depending upon details of the drug offense, the Permanent Resident may be subject to removal/deportation, and the filing of a naturalization petition would bring this to the attention of immigration authorities.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Kennedy, P.C.
    1800 Century Place, Suite 100
    Atlanta, Georgia 30345

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  • I have been in line for interview scheduling for N400,APPLICATION FOR NATURALIZATION,since2013.What can I do to process the case

    Hello, I have been in line for interview scheduling for N400, APPLICATION FOR NATURALIZATION, since 2013. What can I do to make processing the case?

    David’s Answer

    Processing of your application obviously is way beyond USCIS normal processing times. Several options are available, including having an immigration submit a formal inquiry through the USCIS/American Immigration Lawyers Association liaison process; seeking help from an immigration liaison assistant for your Senator or Congress Representative; and filing a mandamus lawsuit in federal court to seek a court order compelling the USCIS to complete its job adjudicating your case. While such long delays sometimes are caused by complications from a security background check (e.g. someone with the same or a similar name has an arrest record, necessitating confirmation that the applicant is that same person), other delays can come from failure to properly prepare and fully document an application.

    David N. Soloway
    Frazier, Soloway & Kennedy, PC
    Atlanta, Georgia

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  • How to correct N-400 after filling?

    I mistakenly answers to NO to a questions on form where I should answer YES. How can I get this corrected? write them to inform them? wait at the interview? please advise

    David’s Answer

    At your naturalization interview and examination the USCIS adjudicating officer will review your answers to questions on the form, and you may correct a mistaken answer at that time (and explain why you made an error in the first place). For some particularly important answers, it may be wise to send a letter to the USCIS with return receipt service, so that you can show that you promptly notified the USCIS as soon as you noticed the error and that you did not intend to mislead the USCIS.

    Answers of "yes" to some of the questions are not necessarily problematic, but might require further explanation or documentary evidence. If you were represented by an immigration attorney, that attorney likely would be able to address the question/answer with more specificity.

    David N. Soloway
    Frazier, Soloway & Kennedy, PC
    Atlanta, Georgia

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  • Is a US passport enough documentation to show that I am a US citizen when filing for Form I-130?

    I am a duel passport holder and received my citizenship (passport) because my mother is a US citizen. I was not born in the US and I was not given a certificate of citizenship. Now that I am filing for a I-130 for my husband, I would like to know ...

    David’s Answer

    Although the USCIS generally deems a Certificate of Citizenship, a Naturalization Certificate, or an American birth certificate to be the best form of proof, it also will accept a copy of a U.S. passport as evidence of U.S. citizenship.

    David N. Soloway
    Frazier, Soloway & Kennedy, PC
    Atlanta, Georgia

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  • Replying RFE

    I am primary applicant of 485 and my son is dependent . USCIS sent an RFE for my son asking to establish relationship. I got his birth certificate. Can i, being a primary applicant send a reply to RFE to USCIS on my son's behalf? my lawyer is not ...

    David’s Answer

    I presume that a copy of the child's birth certificate already was submitted among the supporting documents in his application. While of course a client is permitted to terminate legal representation and continue to pursue an application (such as through responding to an RFE) without benefit of counsel, that rarely is a wise decision. I encourage you to take further steps to confer with your attorney, who already is thoroughly familiar with your family's applications, and if you reach the point where you have lost confidence in the attorney and no longer want him to serve as counsel, then I encourage you to engage new counsel who, after reviewing a complete copy of your son's application package and related materials, could provide legal representation in responding to the RFE. Generally one gets only a single opportunity to respond to an RFE, and it is important to assure that a response is full and complete before filing it.

    David N. Soloway
    Frazier, Soloway & Kennedy, PC
    Atlanta, Georgia

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  • Question about reinstating green card for my mother who turned it in

    My mom had a green card but because she had health issues and had to be close to her doctors abroad, she turned it into the embassy (because she had to be out of the country for more than 6 months) and got a tourist visa issued instead. I understa...

    David’s Answer

    If your mother was out of the U.S. for less than a full year, if she in fact maintained a residence in the U.S. during the time of her absence, and if she misunderstood the meaning of the form I-407 and in fact did not intend to abandon her Permanent Resident status, then it may be possible to still recognize her as maintaining her Permanent Resident status. Further research would be needed, but a major immigration treatise points to Matter of Wood, Case No. A24653925 (BIA Jan. 13, 1992) reported in 69 No. 16 Interpreter Releases 512-14 (April 27, 1992). It would be wise to engage an immigration attorney to perform further research and legal advice on this issue.

    David N. Soloway
    Frazier, Soloway & Kennedy, PC
    Atlanta, Georgia

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  • When I apply for naturalization if I divorced?

    I married to a US citizen Dec 2010, I applied for green card September 2012, I got my permanent greencard Dec 2012. My husband cheated and left me and divorced me April 2014.can I apply for citizenship Dec 2015? (3 years after my permanent green ...

    David’s Answer

    Ordinarily, one must wait five years after becoming a Permanent Resident in order to be eligible to file an application to become a naturalized citizen, but for a Permanent Resident living in a bona fide marriage with a U.S. citizen spouse, the period generally is three years (there are other requirements too, such as the spouse being a citizen during those three years). The application for naturalization may be filed 90 days before the end of the 5-year or 3-year period. Since you and your U.S. citizen spouse have divorced, the 5-year period will apply to you.

    David N. Soloway
    Frazier, Soloway & Kennedy, PC
    Atlanta, Georgia

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  • Remove Condition from Green card through Marriage.

    Hello, When a Person Receive Conditional green card for 2 Years Validity before 3 Months Prior to the 2nd year anniversary! can he Apply to remove condition after 3 Months which complete 2 years of marriage? For Example:- marriage Date:- Nove...

    David’s Answer

    • Selected as best answer

    While it may seem logical that a couple would be able to file a Petition to Remove Conditions immediately after their marriage has reached two years' duration, current immigration laws specify that the Petition must be filed during the 90-day period before the end of two years following the date that Conditional Resident status was created.

    David N. Soloway
    Frazier, Soloway & Kennedy, PC
    Atlanta, Georgia

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  • Changing lawyers (from company one to personal lawyer) once I-140/I-485 submitted concurrently

    After I-140 and I-485 are submitted concurrently, is there any way I can severe ties with my company’s lawyer and take care of the rest of the process with my own lawyer? Is there a case number or anything that the company lawyer can hand me so I ...

    David’s Answer

    While there are some self-sponsoring categories for a Form I-140 application, where one is filed by an employer, the beneficiary (i.e. the employee) cannot substitute his own attorney for the one representing the petitioner (i.e. the employer). The attorney of record, who also filed the Form I-485 application, owes loyalty to both you and the employer, and you might consider contacting that attorney for questions or concerns you may have. Also, since you, yourself, are the petitioner for the Form I-485 application, you are free to engage a different lawyer to represent you in that application.

    It seems quite unusual to want to change attorneys after the two applications have been prepared and filed, and while those cases remain pending. If you have questions that address matters you would not want the company's attorney to communicate to your employer, such as questions about what would happen if you decided to seek a job elsewhere, you certainly could seek advise from an attorney of your choice, without the necessity of changing the counsel of record in the pending cases.

    David N. Soloway
    Frazier, Soloway & Kennedy, PC
    Atlanta, Georgia

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