David H. Stoller’s Answers

David H. Stoller

Orlando Immigration Attorney.

Contributor Level 12
  1. U visa and green card?

    Answered about 2 years ago.

    1. Alena Shautsova
    2. David H. Stoller
    3. F. J. Capriotti III
    3 lawyer answers

    Thanks for your inquiry. One of the more common misconceptions with immigration law in the US is that a foreign national is limited to only focusing one avenue of finding resolution to an immigration problem. Fact is that many individuals end up being eligible for multiple manners by which to legalize status in the US and most times, heading down one pathway does not mean that alternative pathways are not also available. For example, if you at the brother of a US citizen and also the adult...

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  2. I am a us citizen applied for my husband in 2011, he had an interview this Oct 2012.he is in admin proc. how long should it take

    Answered almost 2 years ago.

    1. Carl Michael Shusterman
    2. David H. Stoller
    3. Ala M. Hamayel
    3 lawyer answers

    Thanks for your inquiry. This is a tough one to answer. Sounds like the only question is how long you should wait for the US Consulate (USCON) to make a decision. That can really depend. Without being told what the nature of the issue was before the USCON it is rather difficult to provide an idea of how long it may take to get an answer back to you. If the additional paperwork which was requested was general in nature (i.e. an original certificate of birth, marriage, divorce, evidence...

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  3. Need information on the Immigration implication of my DUI case at Visa Interview.

    Answered about 2 years ago.

    1. David H. Stoller
    2. Robert Laurens Driessen
    3. Pius Joseph
    3 lawyer answers

    Thanks for your inquiry. The best advice is to not rely on my advice. Rather, you should spend the time and resources to speak with a qualified attorney who can review more than your brief description of the events relating to your arrest. While we all recognize that the forum on Avvo is good way to discuss immigration matters, nothing can substitute for actual advice provided by an actual attorney actually hired to handle the review of your case. With that said, a straight forward DUI is...

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  4. DHS in San Diego put me in deportation proceedings due violation of immigration law. Is it possible to cancel my deportation?

    Answered about 2 years ago.

    1. Giacomo Jacques Behar
    2. Jose Antonio Moreno
    3. David H. Stoller
    3 lawyer answers

    Thanks for your inquiry. You have a mess and I would definitely suggest that you visit an immigration attorney who can assist you with your case. From your description of the circumstances, looks like you got screwed by the J-1 program that you used to come to the US. Problem is that when something like this happens you should either leave the US or make attempts to find employment and only work once you have made the appropriate requests to change your status consistent with the new...

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  5. How to prove immigration that marriage is legitimate and we are commited with each other inspite of 50 years age gap.

    Answered almost 2 years ago.

    1. Kyndra L. Mulder
    2. David H. Stoller
    2 lawyer answers

    Thanks for your inquiry. The age gap is certainly a situation where the government's red flags are raised. But as with any application for any immigration benefit, the applicant has the burden of establishing eligibility for the benefit sought. My recommendation would be to seek the services of a competent attorney and to do that rather quickly. No two marriages are ever alike and this means that the evidence needed to establish that a relationship is indeed bona fide is going to be...

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  6. Denied Deferred Action/Appeals

    Answered almost 2 years ago.

    1. David H. Stoller
    2. Robert Henry Beer
    2 lawyer answers

    Thanks for your inquiry. I would suggest that you take your paperwork (or whatever you have) and take it to a local attorney who can review what you have and provide you with an independent opinion regarding whatever it is that you are doing. Not really sure what is going on here but you are the client and you decide what gets filed and how it gets or filed or whether it gets filed at all. Your parents do not make that decision for you and you need to understand the potential consequences of...

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  7. How can get a US Passport for my son without his dad consent ? I need to travle and can't leave my baby alon ?!

    Answered almost 2 years ago.

    1. David H. Stoller
    2. Jennifer Eunyoung Sheldon
    2 lawyer answers

    Thanks for your inquiry. I would suggest that you contact an experienced attorney to see if the assistance of counsel may be able to get your situation across to the US Passport Office with the intent of convincing the Passport Office that it should issue a US Passport to your child. Let's discuss the issues here. When a child is born in the US, that child is usually a US citizen. With certain infrequent exceptions, US laws provide that anyone born in the US is considered a citizen of the...

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  8. How do I notify the USCIS that I am now married?

    Answered almost 2 years ago.

    1. Carl Michael Shusterman
    2. David H. Stoller
    3. Myron Russell Morales
    3 lawyer answers

    Thanks for your inquiry. The answer to this really depends on where the case stands. Two ways to go about this. If the approved petition is still with CIS, you can send a letter to the service center which last handled the matter and inform it that you have now married. Provide a copy of the marriage certificate and ask that CIS records be updated to reflect that your marriage has now made the petition go from the First Preference to a Third Preference. If the case is with the National...

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  9. Immigration and misdemeanors

    Answered about 2 years ago.

    1. Gayle Anne-Marie Gutekunst
    2. David H. Stoller
    3. J Charles Ferrari
    4. Bryce Aric Fetter
    4 lawyer answers

    Thanks for your inquiry. Sounds to me like you should be OK, but I would highly recommend that you consult with a knowledgeable immigration attorney before sending anything off to CIS for adjudication. When an individual applies for adjustment of status (AOS), he must establish that he is not inadmissible to the US. Inadmissibility can take many forms, including convictions for "crimes involving moral turpitude [CIMT]" and offenses relating to controlled substances [drugs]. As a general...

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  10. Do I need to renew my green card?

    Answered almost 2 years ago.

    1. David H. Stoller
    2. Christian Schmidt
    3. Veronica Tunitsky
    4. Dhenu Mitesh Savla
    5. F. J. Capriotti III
    6. ···
    6 lawyer answers

    Thanks for your inquiry. The answer is that you should absolutely renew your alien registration card (ARC). While it is very true that your current ARC has no expiration date, these cards that were issued at the time that yours was issued did not have expiration dates. That changed in the early 1990's. Unfortunately, the federal government has done a horrible job about communicating that to foreign nationals who have the older versions of the cards and someone in your situation would be...

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

407-999-0088