David Nabow Soloway’s Answers

David Nabow Soloway

Atlanta Immigration Attorney.

Contributor Level 17
  1. I met a woman in March who is visiting her brothers (both brothers are naturalized US citizens) on a B1/B2 visa.

    Answered almost 2 years ago.

    1. Alexander Joseph Segal
    2. David Nabow Soloway
    3. Laura L Lichter
    4. Sreenivasarao Vepachedu
    5. Alexus Paul Sham
    6. ···
    8 lawyer answers

    In addition to information provided in previous responses, note that generally a U.S. citizen may marry a foreign national who entered the U.S. lawfully and with inspection, and then may petition for the foreign national to "adjust status" to become a U.S. Lawful Permanent Resident (to get a "Green Card"). This may be accomplished while the foreign national is still in valid nonimmigrant status (such as B1/B2) or after expiration of that status, but doing so after expiration of the status may...

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  2. Does the 2 year period for a conditional GC start from the "Date of Marriage?"

    Answered almost 3 years ago.

    1. David Nabow Soloway
    2. Ikemesit Amajak Eyo
    3. Gintare Grigaite
    4. Robert West
    5. Deborah Lynne Karapetian
    5 lawyer answers

    The response from Attorney Grigaite is correct: if at the time of adjustment of status approval a couple has been married for two years, then the beneficiary will receive full Lawful Permanent Resident Status rather than Conditional Resident Status (sometimes called a "Two-Year Green Card"). If Conditional Resident Status is granted, then the period within which a Petition to Remove Condition must be filed is measured from the date of Conditional Resident approval rather than from the date of...

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  3. Filing taxes as "married but filing separately" will affect my immigration process?

    Answered 6 months ago.

    1. David Nabow Soloway
    2. Helen Louise Parsonage
    3. Giacomo Jacques Behar
    4. F. J. Capriotti III
    5. Cynthia Beth Rosenberg
    6. ···
    7 lawyer answers

    Filing in the "married but filing separately" category should not stand in the way of success with an Application to Remove Conditions. Copies of 2012 and 2013 tax returns showing that each spouse was identified as married and living at the same address will be helpful, regardless of the "filing separately" detail, especially when accompanied by an appropriate range of other documents reflecting that the couple continues to live together in a bona fide marriage. It would be wise to work with...

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  4. Will a first offense DUI in the US affect getting a green card approved for the spouse of a US citizen?

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. David Nabow Soloway
    3. Theodore John Murphy
    4. James Lawrence Yeargan Jr.
    5. David Alexander Concha
    6. ···
    7 lawyer answers

    The USCIS can be expected to treat a plea of "no contest" the same as a conviction. If a single DUI offense is the only blemish on your husband's record, then it should not stand in the way of eligibility for adjustment of status. Be prepared to supply CERTIFIED copies of disposition documents, such as: the charging document (a citation, indictment, etc.); the document showing your husband's plea; the court's determination/order, including requirements for fines, driving school, etc.; and...

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  5. 1. How long can i stay and work in US without lose my GREEN CARD? 2.Can i live and work in another State before the divorce?

    Answered almost 2 years ago.

    1. David Nabow Soloway
    2. John Grayson Davidson
    3. Anu Gupta
    4. Alexus Paul Sham
    5. Stephen D. Berman
    5 lawyer answers

    I am sorry to hear of the problems in your marriage. It is not clear from the information you posted, but it sounds like you already successfully applied for Conditional Resident status (sometimes called a "two-year Green Card"), and now you are contemplating a divorce and a move to another state. It will be important for you to get immigration legal advice about ultimately filing a Petition to Remove Condition with a request for a waiver of the usual requirement that a couple file the...

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  6. How long does it take in total for green card filling

    Answered about 2 years ago.

    1. Carl Michael Shusterman
    2. David Nabow Soloway
    3. Pradeek Susheelan
    4. Alexander Joseph Segal
    4 lawyer answers

    Generally, an applicant who has filed a properly prepared and document application package may expect to receive an Employment Authorization Document ("EAD" or "work permit"), and, if eligible, Advance Parole ("travel document") within 60-90 days of filing. The USCIS's Atlanta Field Office can be expected to schedule an adjustment of status interview within approximately 4 - 5 months. If the applicants and the supporting documents are well-prepared, so that adjudication approval can take...

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  7. My husband gonne files for divorce. My conditional green card expires 8/2013. We dont have joint bank acct and tax returns.

    Answered almost 3 years ago.

    1. Carl Michael Shusterman
    2. David Nabow Soloway
    3. Jessica Katherine Stern
    4. Grace Onyemaechi Egbufor
    5. J Charles Ferrari
    6. ···
    7 lawyer answers

    Sorry to learn that your husband plans to file for divorce. As others already have mentioned, a Conditional Resident may petition to remove the condition on her "Green Card" while seeking a waiver of the usual requirement that both spouses petition together to remove the condition. Many of the types of documents you mentioned should prove to be important in assembling a persuasive set of documents to show that while the marriage did not last, it nonetheless was a bona fide marriage through...

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  8. Hello, So i am a French citizen that has lived several years in the usa on a greencard.

    Answered about 2 years ago.

    1. David Nabow Soloway
    2. J. Thomas Smith Ph.D.
    3. Andrew Marino Bramante
    4. F. J. Capriotti III
    4 lawyer answers

    I am sorry to learn that your wife and son had serious medical problems, and I hope they have recovered. In addition to the information in the previous responses to your post, note that it would have been best to have consulted with an immigration attorney when it appeared that you unexpectedly might need to stay abroad for more than 180 days, since there may have been some options available to you to avoid the problems you now are facing. Even getting professional advice before being...

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  9. My husband petitioned for my adjustment of status green card) will child support problems affect my case?

    Answered over 1 year ago.

    1. David Nabow Soloway
    2. Alexander Joseph Segal
    3. J Charles Ferrari
    3 lawyer answers

    Although not entirely clear from your question, it sounds like your husband is a U.S. citizen who has petitioned for you, his wife, to adjust status in the Immediate Relative visa category, and you are concerned about some "court problems" relating to his failure to pay court-ordered child support. If that is correct, then his "court problems" should not interfere with eligibility to petition for you, although this indicates that he may have insufficient income for Affidavit of Support issues,...

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  10. Is it necessary to tell my immigration lawyer that my wife was originally a first cousin? it is legal to marry in our State.

    Answered over 1 year ago.

    1. David Nabow Soloway
    2. Ana Ilieva Forcum
    3. Laura L Lichter
    4. Alexus Paul Sham
    4 lawyer answers

    Any immigration attorney attorney you engage will be an advocate for you and your spouse, and will have no interest in judging a couple based upon their family relationship prior to marriage. Beyond that, experienced immigration attorneys will be accustomed to representing people from nations and cultures where marriage to cousins is not uncommon. An attorney that you and your spouse engage for representation should be made aware of ALL issues that are of concern to you, with full confidence...

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