David H. Stoller’s Answers

David H. Stoller

Orlando Immigration Attorney.

Contributor Level 12
  1. Will it effect on getting green card?Can I seal and expunge my records?

    Answered almost 4 years ago.

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

    Thank you for your inquiry. From the description you have provided in your inquiry, I believe that the answer to your questions that the incident WILL NOT have any immigration consequences. When a foreign national applies for a visa to come to the US, she must establish that she is not inadmissible to the US. Inadmissibility refers to a long listing of occurrences or situations in one’s past (or perhaps in one’s future) which would make the foreign national “undesirable” in the US. This...

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  2. Lied on N400. What will happen?

    Answered almost 4 years ago.

    1. David H. Stoller
    2. J Charles Ferrari
    3. Lynne Rogers Feldman
    3 lawyer answers

    Thank you for your inquiry. While we generally try to help foreign nationals get through issues like this with the idea of assisting that person with obtaining immigration benefits, this guy appears to need an understanding of where he lives and the protections which are available to spouses and children who are fearful of the type of abuse which you describe. Generally, a lawful permanent residence (“LPR”) must be an LPR for 5 years before becoming eligible to file an application for...

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  3. Is there an expiration for an I-140 approval?

    Answered almost 4 years ago.

    1. David H. Stoller
    2. J Charles Ferrari
    2 lawyer answers

    Thank you for your inquiry. The answer to your question is no, the I-140 does not "expire." But, you do have to keep in mind that if you let the approved visa petition sit in "no man's land" for an extended period of time, the authorities processing the visa may conclude that you are no longer interested and could cancel the visa process. If the I-140 is filed in the US (i.e. no overseas processing through the US Consulate [USCON]), then the application will be processed only by USCIS. If...

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  4. I Married a Cuban Citizen in March 2010, The interview 3-2-11 went well, but no stamp on passaport he said things look good,

    Answered about 4 years ago.

    1. David H. Stoller
    2. Jeffrey Adam Devore
    3. Linda Yin Liang
    3 lawyer answers

    My guess is that you went to the local CIS office in West Palm Beach ("WPB"). This local office is part of District 10 - Tampa, Orlando, WPB and Jacksonville. Having practiced in the Orlando office, the deal is that stamps are generally not placed in passports during the interview in much the same ways as things were done years ago. Instead officers give the line that a decision will be mailed to you. But if the officer did not ask for anything and you provided evidence that the marriage is...

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  5. Immigration case was filed thru marriage in 2001 in FL and it was sent to Missouri pending since 2008.

    Answered about 4 years ago.

    1. David H. Stoller
    2. Jeffrey Adam Devore
    3. Neil Ian Fleischer
    4. Nicklaus James Misiti
    4 lawyer answers

    The answer to your question is to file an action in the federal court seeking to force CIS to make a decision on your case. Reality is that you can ask and ask and ask CIS as to the status of the case and you will get nowhere and it will take you forever to get there. Federal litigation, on the other hand, will likely result in movement on the file in a relatively short period of time and is the most effective tool available to get this case out of no man's land. Over the span of the years...

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  6. Husbands citizenship is delayed because someone wrote a letter to INS with lies about our marriage. Should we hire a lawyer?

    Answered over 2 years ago.

    1. David H. Stoller
    2. William Gary Gerstein
    3. Simone Bertollini
    4. F. J. Capriotti III
    4 lawyer answers

    Thanks for your inquiry. The answer is that you should at a minimum consult with an attorney to determine whether the assistance of an attorney will help you. From experience, situations like yours typically lead to the run around from the government when it comes to providing you a determination on your pending applications. Let me explain. Truth is that anyone can contact the government and make allegations of wrongdoing. There is nothing that you can do about it and there is nothing...

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  7. My boyfriend is in the US on a student visa which expires in 2 months. We want to get married in 6 months can we do that?

    Answered over 2 years ago.

    1. David H. Stoller
    2. Robert Henry Beer
    3. J Charles Ferrari
    4. Giacomo Jacques Behar
    4 lawyer answers

    Thanks for your inquiry. The answer is that you should consult with an immigration attorney before making any of the decision contemplated in your case description. I am not sure about the degree that your boyfriend is obtaining but it may be possible that he can obtain what is called "Optional Practical Training" (OPT) which would permit him to remain in the US for a year (usually) and obtain a work permit to further his education in the field of study. Whether OPT is or is not...

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  8. My fiancées KI visa is under administrative processing for over a year and three months since his interview. Expedite process?

    Answered over 2 years ago.

    1. David H. Stoller
    2. Janice Ann Flynn
    3. Kyndra L. Mulder
    4. Theodore John Murphy
    4 lawyer answers

    Thanks for your inquiry. Administrative processing is code for the consulate is going to take its own sweet time to do what needs to be done. I would suggest considering the use of our federal court system to handle this matter. You can hire a dozen attorneys to make a dozen inquiries and there is little that you can do to render a guess as to when your fiancee will receive a decision. Go to federal court and the government is placed on a 60 day window to get an answer back tl you. Going...

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    1 person marked this answer as helpful

  9. How does one get a plane ticket once voluntary departure has been granted?

    Answered over 2 years ago.

    1. David H. Stoller
    2. Veronica Tunitsky
    3. Giacomo Jacques Behar
    3 lawyer answers

    Thanks for your inquiry. The answer to this question really depends on the requirements of the Deportation Officer who is handling the case. My advice would be to have your friend or someone else contact the officer directly and ask him/her how to do this in such a way so as to make sure that money is not being spent on a ticket that is not going to accomplish to goal for which it was intended. Voluntary departure for a foreign national who is in detention is always one of those concerns...

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  10. Appeal after green-card interview denial. Is there any way to appeal a denied green card interview in Texas?

    Answered over 2 years ago.

    1. David H. Stoller
    2. Philip Alan Eichorn
    3. Vladimir Galstyan
    3 lawyer answers

    Thanks for your inquiry. As a general rule, the denial of an application for adjustment of status (Form I-485) CANNOT BE APPEALED. Rather, the rules provide that a denied application can be renewed before an Immigration Judge (IJ) in removal proceedings. Thanks for your inquiry about appealing a green-card interview status after denial. As a general rule, the denial of an application for adjustment of status (Form I-485) CANNOT BE APPEALED. Rather, the rules provide that a denied green-...

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