David H. Stoller’s Answers

David H. Stoller

Orlando Immigration Attorney.

Contributor Level 12
  1. Grandfather 245i

    Answered almost 2 years ago.

    1. David H. Stoller
    2. Kyndra L. Mulder
    3. Dahlia Ann Walker
    4. Jeffrey Adam Devore
    4 lawyer answers

    Thanks for your inquiry. Sounds to me like you have set forth a factual scenario by which you would indeed by grandfathered for the benefits of §245(i) of the Immigration and Nationality Act. Issues regarding grandfathering are sometimes complicated, but your inquiry sets forth a fairly straight forward situation. There are two sets of §245(i) application periods. The first is for all applications or petitions filed on or before January 14, 1998. The second is for applications or...

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  2. I-130, I-601, & I-212

    Answered over 2 years ago.

    1. David H. Stoller
    2. Luis Alberto Guerra
    3. Jeffrey Adam Devore
    4. Neil Ian Fleischer
    5. Wendy Renee Whitt
    6. ···
    7 lawyer answers

    Thanks for your inquiry. This is definitely one of those difficult cases where the advice of an attorney would be very helpful. Let's discuss the framework here and then how to handle the processing of the case. Once someone is removed from the US, he is generally rendered inadmissible to the US for a period of ten years. In other words, someone removed from the US is barred from returning to the US for ten years if he does not otherwise obtain the prior approval of the US government....

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  3. Selling online for a F-1 VISA Holder

    Answered almost 2 years ago.

    1. David H. Stoller
    2. Giacomo Jacques Behar
    3. F. J. Capriotti III
    3 lawyer answers

    Thanks for your inquiry. This is one of those inquiries where there is a "legal answer" and a "practical answer." The legal answer is that what you plan on doing may not technically fall within the scope of employment which would violate the terms of your F-1 status. But the practical answer is that you should steer far clear of any activity which may close to crossing a line that could lead to you losing your status here in the US. Whether a foreign national is engaged in unauthorized...

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  4. I am a U.S citizen and my partner is illegal was deported, we have 2 kids in common. not married.Will he be able to fix paper ??

    Answered almost 2 years ago.

    1. Veronica Tunitsky
    2. David H. Stoller
    3. F. J. Capriotti III
    3 lawyer answers

    Thanks for your inquiry. The best advice would be to consult with an experienced attorney who is not going to steal you blind and who will advise you about the important developments in the law with regards to the situation you have presented. The problem is that it sound like your significant other spent a significant period of time in the US without lawful status. So when he was deported and removed, he like triggered a ten year bar which prevents foreign nationals from returning to...

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  5. My Priority date=28 September 2001 Case i-130 Category F4 Cleared medical test and immigration interview.on 10 December 2010

    Answered almost 2 years ago.

    1. David H. Stoller
    2. Giacomo Jacques Behar
    3. David N Shomloo
    3 lawyer answers

    Thanks for your inquiry. And while I understand full well the frustration, there is not a thing that any of us can do about it. This category of visas is really difficult because the current visa date jumped all the way forward to January 2002 and then retrogressed about two years in the matter of one month. Slowly but surely, the F4 category has moved forward - but very very slowly. Problem here is that the National Visa Center (NVC) and the US Consular Office (USCON) will each begin...

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  6. What is the quickest way to join my US fiance and live with him in the US?

    Answered almost 2 years ago.

    1. David H. Stoller
    2. Ronald Jeffrey Tasoff
    3. Raphael Samuel Moore
    3 lawyer answers

    Thanks for your inquiry. The right way to do this is to submit a Form I-129F and request a fiance visa. Average processing time of this application from the time of submission until you touch foot in the US is about 6-12 months. And I can certainly understand that this is an extended period of time. Now there are alternatives available. And the one that jumps out is that you are a UK national and can come to the US as a Visa Waiver entrant. The benefit with this is that you do not...

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  7. Why the immigration officer suspect my intention to stay in US while I just left US for 5.5 months?

    Answered almost 2 years ago.

    1. David H. Stoller
    2. Giacomo Jacques Behar
    3. Veronica Tunitsky
    4. Myron Russell Morales
    4 lawyer answers

    Thanks for your inquiry. Your question sets forth one of the most misunderstood issues regarding the maintenance of lawful permanent resident (LPR) status. While my response is no substitute for legal advice, I would suggest that you consult with a knowledgeable and competent attorney NOW. Here is the deal, LPR status is one which must be maintained. One maintains this status by being "domiciled" in the US. Domicile is a legal term which generally describes the place where you call home....

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  8. What should i do?

    Answered almost 2 years ago.

    1. David H. Stoller
    2. Jeffrey N Lisnow
    2 lawyer answers

    Thanks for your inquiry. My recommendation would be that you go and speak with a licensed and competent attorney who can listen to your situation and provide guidance as to what you should do next. Unfortunately, you have not really provided much in the way of guidance as to what options may or may not be available to you. If you have been in the US since 1996, that means that you are at least 16 years old. That makes me think that you may be eligible for consideration of the Deferred...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. My girlfriend is CU7 GC holder since 02/2010. I'm F1 visa. Can we get married and apply for GC to me? How long is going to take?

    Answered almost 2 years ago.

    1. David H. Stoller
    2. Ala M. Hamayel
    2 lawyer answers

    Thanks for your inquiry. Sounds to me like you are going to have to wait a bit. Let me explain. The "class of admission" on your girlfriend's green card shows that she obtained adjustment of status as a derivative beneficiary under the Cuban Refugee Adjustment Act. This means that she is either the spouse or unmarried child (under 21) of a qualified Cuban national under the Cuban Refugee Adjustment Act (CRAA). So as she obtained conditional status under the CRAA she would not be in a...

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  10. Any trouble at reentry point to the US if I was arrested for solicitation of prostitution ?

    Answered about 3 years ago.

    1. David H. Stoller
    2. Lisa Monique Okoh-Brown
    3. J Charles Ferrari
    3 lawyer answers

    Thank you for your inquiry. The short answer to your question is that you should consult with a knowledgeable attorney who can guide you through the concerns which you have. Truth is that you may encounter some problems along the way and you need to understand how to handle these. Let’s talk about your travel to and from the US. For purposes of our discussion, I am going to assume that you have not previously been arrested for anything prior to this incident. Assuming that this is true,...

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Looking for honest answers and an informed explanation of your case? Contact Stoller

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