Scot Andrew Silzerā€™s Answers

Scot Andrew Silzer

Orlando Immigration Attorney.

Contributor Level 8
  1. 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 ?

    Answered almost 3 years ago.

    1. Scot Andrew Silzer
    2. Lisa Monique Okoh-Brown
    3. J Charles Ferrari
    3 lawyer answers

    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...

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  2. H1b please help !!! it is important :(

    Answered almost 3 years ago.

    1. Scot Andrew Silzer
    2. Lisa Monique Okoh-Brown
    3. Jeffrey Adam Devore
    3 lawyer answers

    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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  3. EWI

    Answered almost 3 years ago.

    1. Jeffrey Adam Devore
    2. Ahmad Mohamad Yakzan
    3. Scot Andrew Silzer
    4. J Charles Ferrari
    4 lawyer answers

    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.

    1 person marked this answer as helpful

  4. I-601 Fraud or Misrepresentation Waiver

    Answered almost 3 years ago.

    1. Jeffrey Adam Devore
    2. Scot Andrew Silzer
    3. Nicklaus James Misiti
    3 lawyer answers

    It looks like you may have considerable equities to justify opening an old deporatation case. There have been some new developments favorable to this type of action, at least in some jurisdictions. Different offices and different ICE attorneys have different attitudes for these cases, some dependent upon the client involved. You definitely need to speak with an immigration attorney who is familiar with how ICE attorneys handle such cases in your jurisdiction. The Waiver may be less...

    1 person marked this answer as helpful

  5. Will sealing my criminal record affect my immigration status? I am a resident trying to become Citizen.

    Answered almost 3 years ago.

    1. Scot Andrew Silzer
    2. Lisa Monique Okoh-Brown
    3. J Charles Ferrari
    3 lawyer answers

    Sealing your conviction will help with your job search. Therefore it might be a very good idea. However, it will remain as a conviction for immigration purposes and you will always be required to disclose it on immigration related documents. Therefore, you should always keep two certified copies of the relevant documents. Because a felony conviction is a serious matter, it could affect your ability to become a U.S. citizen. Furthermore, if it is considered an aggravated felony or domestic...

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  6. Is there any problem changing H1B to H4 status

    Answered over 2 years ago.

    1. Scot Andrew Silzer
    2. Maria Fuster Glinsmann
    3. Susan Renee Bond
    4. J Charles Ferrari
    4 lawyer answers

    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...

  7. 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

    Answered almost 3 years ago.

    1. Carl Michael Shusterman
    2. Luis Alberto Guerra
    3. Scot Andrew Silzer
    4. J Charles Ferrari
    4 lawyer answers

    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.

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

    Answered almost 3 years ago.

    1. Jeffrey Adam Devore
    2. Lisa Monique Okoh-Brown
    3. Luis Alberto Guerra
    4. Scot Andrew Silzer
    4 lawyer answers

    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.

  9. 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!

    Answered almost 3 years ago.

    1. Scot Andrew Silzer
    2. Gen Kimura
    2 lawyer answers

    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...

  10. J1 Visa Question - No 212(e) home requirement

    Answered almost 3 years ago.

    1. Scot Andrew Silzer
    2. Christian Schmidt
    2 lawyer answers

    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....