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Scot Andrew Silzer

Scot Silzer’s Answers

25 total

  • My friends kids are illegal immigrant minors if they will go back in their country and still has a valid B2 visa for 5yrs.

    can they still return to the U.S. in case they decide to comeback with their unexpired visa

    Scot’s Answer

    The above answers are accurate. Please note also that upon exiting the country, the old I-94 will be collected if they still have them. This may make it more likely for their prior overstay to be reflected in the computer records and cause a border officer to later refuse them admittance and cancel their visas.

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  • Is there any problem changing H1B to H4 status

    This is my case, Iam under H1B VISA and on the process of extension, it is still pending result. My VISA expired last Aug 29, 2011. If the application will be apppoved that will be good but if not, I have to leave the country right?I am single yet...

    Scot’s Answer

    Assuming you still have lawful presence with the pending H-1B, and you should contact a good immigration attorney to confirm this, if you wish terminate employment after your marriage, you should marry as soon as you find an appropriate time and immediately file for the H-4. In order for the H-4 to be approved, they must approve the H-1B extension, which means you should continue to work and not quit your job. If either one fails, you will be required to leave the country and obtain an H-4 visa at the consulate.

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  • I have a friend in Italy whose daughter wishes to come and get work can i sponsor her and how do i go about it

    She just graduated collage and wants to work in New York maybe the UN as an interpreter

    Scot’s Answer

    Work visas are generally "sponsored" only by the employer, you cannot sponsor her to come here to work unless you hire her in a job that merits a work visa. The most common work visa is the H visa that requires an applicant to have a college degree for a job that requires a college degree. It can be a very complicated process. It often helps to come here as a B visitor first.

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  • EWI

    If the court transcript states that IJ belives that someone entered using a fradulent pasport,is that grounds enough to estabilish that the person was inspected and admited into US, eventhough there is no pasport to show,other-words would it be po...

    Scot’s Answer

    A finding by the Judge would be good evidence, even a mere statement of believe would be helpful, but CIS would still retain the right to make its own determination. EWI is much worse than a fraudulent passport because you have fewer avenues of redress. Neither is particularly good. At least the entry makes him eligible to adjust if he can get a waiver approved. EWI provides no such opportunity unless he had prevsiously filed some sort of green card petition before May 1, 2001.

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  • Do I need a lawer to enter the usa under esta visa waiver knowing my husband has filed a I 130 form 3 months ago ?

    I've been married to my husband for over 18 years He is an American citizen, I'm French We have 2 children together They have American nationality I had a conditional green card 18 years ago but since we moved to France I never finished the pr...

    Scot’s Answer

    • Selected as best answer

    Legally, I believe that you can travel to the United States under the visa waiver program. Your intent really is to visit temporarily and return in accordance with the program. If you are already approved with the ESTA application, it makes it that much easier. However, as a practical matter, if you are questioned, it is possible that they will notice that your husband has filed the I-130. You can attempt at that point to convince the Agent of your faithful intent. Although I have seen that happen in the past, it is not a common occurence, as Border Agents are very cynical and disbelieving. Please be sure to have good reasons to return and complete your consulate processing, such as completing your work project, selling a house or business, graduating, etc. Should you attempt this and fail, be sure that you have not lied or intentionally mislead any Agent as that might make your consular processing for the green card all that much more difficult and time consuming.

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  • I'm married a US Citizen since 2004 and was victim of his abuse until 2009 when he tried to strangle me,

    I called the police, he was in jail and I left USA afraid of him. My question is: I was under removal proceedings, I previolusly overstayed my tourist visa, and I failed my hearing, I left USA two days before my court date. I'm in Brazil since ...

    Scot’s Answer

    Time is important. The fact that you are outside the United States does NOT mean that you cannot file an I-360. Consult an immigration attorney immediately to see if that is possible under your current situation. Once that is done, and approved, you will still need to address the deportation issue. There are many factors there so it is important to get good advice on this as well.

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  • H1b please help !!! it is important :(

    my j-1 visa is finished.... i dont have 2 year rule...(2 year rule is done i did it ) i apply h1b visa but they denied it about my title...it was supervisor title...and i dont want to appeal for it...and i just started for new h1b i am waiting for...

    Scot’s Answer

    • Selected as best answer

    We have often successfully filed for new H status for people who have previously been denied the status, so your prior denial might have very little impact. H status has become very difficult over the last 2 years, please consult with a good business immigration attorney.

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  • Hi I had a J1 visa for a year that expired 4 days ago. I just applied today for a change to a B1. Will I get it on time? Thanks!

    So I was 4 days in the 30 days grace period when I applied for the status change. Is that a problem? And if I subscribe myself in school next week, can I get a J1 visa again before the 30 days grace period is up? Thanks in advance

    Scot’s Answer

    If you are still within your 30 grace period, you might be able to withdraw your B request and go directly to J or F status. Student changes of status can be very difficult, and J visa issues make them even more contemplated. If you are not, you must have the B approved or they will require you to return home to get a new student visa in your passport. If you wish to remain in the US to change status, you should speak immediately to an immigration attorney who is knowledgeable about student issues.

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  • J1 Visa Question - No 212(e) home requirement

    I'm holding a J1 visa that expires June 2012. I got here 2 months ago but I decided to quit the job (no day off, 18+ hrs shifts, no career trainin just hard labor) My questions: Do I have to return my original D2019 to the agency (not the sponsor...

    Scot’s Answer

    There is no regulation that requires you to wait 90 days, but CIS may question your motives if you change sooner than that. Do not quit your job before you file for a change of status or you likely will be required to return home to obtain the new status. If you are not subject to 212e, you many change to a student status (F-1) if you file before you quit your job. The 30 day grace period applies only after you complete your program. If you quit your job sooner, there is no grace period. Every time you do not do what you intended to do and told CIS that you would do makes it more difficult to obtain a visa the next time. Good planning with an attorney experienced with student and J issues is imperative.

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  • Which parent is better to file I-130? Both previously filed for others. Fathers was revoked & withdrawn, Mothers completed.

    Both parents previously filed for their other children. Father's one petition was revoked because his daughter was already married and other petition by him was withdrawn as other daughter got married later on to an H1 worker. Mother's both petiti...

    Scot’s Answer

    More information is need to answer this question, such as whether your parents are still married to each other, who is working, whether they are now US citizens or soon will be, etc. Many factors contribute to working out a creative solution to the issue. Under certain conditions, it may not matter who applies. In other circumstances, it might be better for a particular parent to apply, although it may not be appreciatively better. A knowledgeable attorney will be able to handle the situation once all the facts are known.

    Scot A. Silzer
    Florida Board Certified Immigration Attorney
    1277 North Semoran Blvd. Suite 106
    Orlando, Florida 32807
    Fax: 407.206.3655
    Tel: 407.206.1973
    sas@silzerlaw.com
    www.silzerlaw.com

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