David H. Stoller’s Answers

David H. Stoller

Orlando Immigration Attorney.

Contributor Level 12
  1. In what form must affidavits of 3rd parties attesting to bona fides of marriage be? Is there a template? Use local or US style?

    Answered over 2 years ago.

    1. David H. Stoller
    2. N David Shamloo
    3. Robert Henry Beer
    4. Lynne Rogers Feldman
    4 lawyer answers

    Thanks for your inquiry. The answer is that you should pull a copy of 28 USC §1746 and review it. This is a provision of US law that provides a mechanism by which an unnotarized declaration made under penalty of perjury can be considered with the same strength as a notarized affidavit. If you are outside of the US, use the version of 28 USC §1746 that discusses statements executed "without" of the US or outside of the US. The letters should identify the writer, identify the writer's place...

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  2. I am a physician doing a NIW. I just got married to an american, can i get my green card through my husband and not the NIW?

    Answered over 2 years ago.

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

    Thanks for your inquiry. My recommendation would be to speak with a competent attorney as soon as possible and certainly before taking any steps forward on moving in a different direction. Arguably, not having to comply with the pre-requisites to obtaining the NIW would be the more expeditious way to obtain residency, but moving away from the requirements attached to the NIW may not be as easy as simply deciding to move to a different application process. Like anyone else filing an...

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  3. Is it correct that the USELESS AMERICAN immigration lawyers only address foreigners coming to the U.S.? Do you know how an

    Answered over 2 years ago.

    1. Paula Brown Sinclair
    2. Michael Charles Doland
    3. F. J. Capriotti III
    4. David H. Stoller
    5. Luca Cristiano Maria Melchionna
    5 lawyer answers

    Thanks for your inquiry sir, we you aware that it is the 21st century, that woman can vote, that there are woman who hold important political offices, that there are women who are senators, that there are woman who are Congressional representatives, that there are woman who are leaders in the fields of business, sports, law and medicine and that men who do not realize these things should not be permitted an opportunity to post anything on a forum such as this. While I do not believe that your...

    4 lawyers agreed with this answer

  4. Out of status before 30 days start of uni is it going to result In rejection for COS!

    Answered over 2 years ago.

    1. David H. Stoller
    2. Kevin Lawrence Dixler
    3. Stephen D. Berman
    4. F. J. Capriotti III
    4 lawyer answers

    Thanks for your inquiry. As a general rule, someone applying for a change of status (COS) from a B-2 to an F-1 CANNOT begin to attend school until the COS is approved. So for right now you do not have an issue because it would appear that you have a timely submitted application for COS and your I-94 is still current. Now as it pertains to submissions of an I-539, the law generally provides that if you submit the I-539 prior to the expiration of your current Form I-94, you are permitted to...

    4 lawyers agreed with this answer

  5. Does the US embassy issue CR1 applicants with visas from a date suitable to the applicant?

    Answered almost 4 years ago.

    1. David H. Stoller
    2. Jeffrey Adam Devore
    3. Ralf D. Wiedemann
    4. Paul Choquette
    4 lawyer answers

    Thank you for your inquiry. Generally, immigrant visas are issued for a time certain and will expire if not used during the visa’s validity. I agree with my colleagues that you can always bring your concern to the attention of the folks at the US Consulate (USCON) and see what they say. But be prepared to travel to the US when the visa requires or risk the potential for having to start the process anew. When a Form I-130 is filed (in this case it appears that it is a visa petition filed...

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  6. Can her objection tamper with our plans during filing?

    Answered almost 4 years ago.

    1. David H. Stoller
    2. Nicklaus James Misiti
    3. Ekaette Patty-Anne Eddings
    3 lawyer answers

    Thank you for your inquiry. The answer to your question is that you and your fiancee are the ones that make the decisions about when and where you marry. While you probably do not want to start of your relationship with your mother in law on her bad side, it is not her choice to make. Keep a few things in mind. First, we do not have Justice of Peace here in Florida. Rather, any membe of the clergy or anyone who is an authorized notary public can conduct the ceremony. Please make sure...

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  7. Is there an I-601 will be required at next interview after our case gets reaffirmed.

    Answered over 2 years ago.

    1. David H. Stoller
    2. Christian Schmidt
    3. Giacomo Jacques Behar
    3 lawyer answers

    Thanks for your inquiry. Sounds like your case is stuck in the middle of a rock and a hard place and I would highly recommend a consultation with an attorney to find a solution to this case. The answer to your question is that you would only be required to file a Form I-601 if you were somehow deemed "inadmissible" to the US for some reason. The revocation of the prior approved immigrant visa petition is not in and of itself going to raise a ground of inadmissibility unless of course the...

    2 lawyers agreed with this answer

  8. I got my green card through VAWA do I have to wait for 2 more years to apply for citizenship?

    Answered over 2 years ago.

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

    Thanks for your inquiry. The answer to your question is that if you obtained your VAWA through marriage to an abusive spouse who was a US citizen, you would be eligible to apply in 3 years rather than waiting the 5 year period. But your inquiry does not mention whether the marriage was to a US citizen or a lawful permanent resident (LPR) so I cannot provide you with much more than a generalized response to this one. As a general rule, an LPR must be a resident for 5 years before becoming...

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  9. AOS success?

    Answered over 2 years ago.

    1. David H. Stoller
    2. Kevin Lawrence Dixler
    3. F. J. Capriotti III
    3 lawyer answers

    Thanks for your inquiry. I think that the answer is that there is a good chance for success if the matter is handled correctly. Keep in mind that the most important parts of the case are that your fiancee arrived in the US lawfully on the J-1 visa and that the J-1 is NOT SUBJECT to the two year foreign residency requirement. So the basic elements of establishing eligibility for adjustment of status (AOS) are met. Now AOS is a discretionary benefit under the immigration laws. This means...

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  10. I am a Syrian physician on TPS. Can I change status to H1B without leaving the States?

    Answered over 2 years ago.

    1. David H. Stoller
    2. Gen Kimura
    3. F. J. Capriotti III
    3 lawyer answers

    Thanks for your inquiry. I think that the answer to your question is that you probably CANNOT do what you are asking about. Rather, your TPS status will make it difficult for you to go from TPS to an H-1B, but there is a pathway by which you could make that application if you are wiling to take a chance on it and see where it takes you. The worst that could happen is that you would lose your application fees, but you would not lose your TPS status. Let me explain. TPS is a mechanism by...

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