Cary G Blake’s Answers

Cary G Blake

Coral Gables Immigration Attorney.

Contributor Level 7
  1. A CANCELLATION OF REMOVAL QUESTION !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    Answered over 1 year ago.

    1. Irene Vaisman
    2. Wendy Renee Whitt
    3. Mark Robert Barr
    4. Jeffrey Adam Devore
    5. Cary G Blake
    6. ···
    8 lawyer answers

    I concur that placing an alien in removal proceedings can be risky as there is no guarantee that DHS will agree to admin close the proceedings. Moreover there are other considerations that must be accounted for before considering putting him in Removal. What is the hardship you or your children would face if he was ordered removed? the burden is an extremely difficult one. Additionally you must consider all negative factors that can impact an IJ's ruling based on discretionary issues,...

    7 lawyers agreed with this answer

  2. What are my options transferring from h1b cap exempt to non exempt?

    Answered over 1 year ago.

    1. Steven Sahag Vosbikian
    2. Cary G Blake
    3. Haroen Calehr
    3 lawyer answers

    My colleague is correct in that nonprofits’ are cap exempt. As such you would not have to wait until October. I would recommend hiring an attorney to make sure filing is done properly and expeditiously, in your interests. You can begin working at new job when the paperwork is filed with USCIS.

    5 lawyers agreed with this answer

  3. I pass the test but they say the uscis will mail the final decision and i checked my case in uscis website and they say they

    Answered over 1 year ago.

    1. Gintare Grigaite
    2. Cary G Blake
    3. F. J. Capriotti III
    3 lawyer answers

    I would recommend going to an experienced immigration attorney with the RFE, submitted application and any other supporting documents you believe to be material to your application. It is not uncommon for USCIS no to give a decision and state decision is in the mail. Most of the time it means that the officer has not had time to review your file an can’t make a decision with certainty until its reviewed further. You may be ok and get good news in the mail granting your application. However,...

    5 lawyers agreed with this answer

  4. Please HELP! Is it worth submitting a Motion to Reconsider after a status change denial?

    Answered over 1 year ago.

    1. Cary G Blake
    2. Ksenia Alexandrovna Maiorova
    3. J Charles Ferrari
    3 lawyer answers

    I agree with my colleagues. Without knowing the basis of the denial it's impossible to say yes or no. I would recommend speaking with an experienced immigration attorney to discuss the viability of an appeal. Please remember to bring all immigration docs with you so the attorney can conduct a proper evaluation. Good luck!

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  5. Could I do volunteer job if I am holding F-2 visa

    Answered over 1 year ago.

    1. Cary G Blake
    2. Kyndra L. Mulder
    3. Robert Louis Brown
    3 lawyer answers

    I believe based on your facts that so long as the position was intentionally designed and targeted for volunteers and there are no other people holding that same title or position receiving any sort of remuneration then I don't see why not. But you need to be absolutely certain that no other person holding the same position receives any rénumeration of any kind: money, goods, services etc..... To be safe, get a letter from HR or management indicating same.

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  6. I come with agency as Au pair with J-1 visa. If I leave agency and host family is my visa still valid or I will be illegally?

    Answered over 1 year ago.

    1. Cary G Blake
    2. F. J. Capriotti III
    3. J Charles Ferrari
    3 lawyer answers

    Correct you will be out of status unless you can find another sponsor/agency to renew/extend/or change prior to you leaving the program or within 120 days of termination of program. if you leave to be with the family without seeking a similar type agency for similar type of job, you will fall out of stats and become illegal. You should come talk to me or a colleague to discuss possible options and/ or alternatives.

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  7. Counsel gave me a date of Januaryfor the various forms of alternative dispute resolution; mediation, is this a good sign?

    Answered over 1 year ago.

    1. Cary G Blake
    2. Lawrence Roger Holzman
    3. Alan James Brinkmeier
    3 lawyer answers

    Most courts by administrative order force the parties into one form of ADR prior to a judge or tribunal hearing the issues of the case. This is most commonly done through mediation. ADR in my opinion is a win win for all involved in the process. Arbitration has benefits but not in the same way as Mediation as mediation empowers the parties to facilitate there own outcome. Whereas in Arbitration, a third party makes a decision based on the facts and evidence presented for the parties....

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  8. Do i need a travel document to travel out of the US for work training in Asia?

    Answered 5 months ago.

    1. Carl Michael Shusterman
    2. Alexander Joseph Segal
    3. Cary G Blake
    4. Stephen D. Berman
    4 lawyer answers

    So long as you are not traveling to your home country, from which you are a asylee, your green card works has travel authorization which will permit you to reenter the US, so long as you have no other grounds of inadmissibility. I would recommend speaking with an experienced immigration attorney before you leave the US.

    2 lawyers agreed with this answer

  9. Can a CU6 who was convicted of uttering a forgery be deported upon entering USA from Cuba?

    Answered 5 months ago.

    1. Alexander Joseph Segal
    2. Kyndra L. Mulder
    3. F. J. Capriotti III
    4. Cary G Blake
    5. Jeffrey Adam Devore
    5 lawyer answers

    Being Cuban places her in a completely separate category of aliens. Unless she has committed a crime or crimes of violence, it is highly unlikely she will be issued a notice to appear before the immigration judge. If In fact the charges were nolle prossed and she has no other criminal convictions it appears that she doesn't have any issues with inadmissibility. However, CBP can always place her in secondary inspection or deferred inspection and question her about the arrest. She should...

    2 lawyers agreed with this answer

  10. Is it possible that a derivative I-485 application gets adjudicated ahead of a principal I-485 application?

    Answered over 1 year ago.

    1. Justin G. Randolph
    2. Cary G Blake
    3. Stephen D. Berman
    4. J Charles Ferrari
    4 lawyer answers

    Usually not especially if your the beneficiary or derivative of the principles application. The principle applicant's approval or denial controls your approval or denial. I have been to interviews at uscis where this issue has happened and the interview was conducted, however, uscis held the decision in abeyance until the principle applicant was approved or denied. Like most immigration issues and snafus I would consult with a experienced immigration attorney to help you navigate through...

    2 lawyers agreed with this answer