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Fernando Perez III
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Fernando Perez’s Answers

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  • I travelled to US in L2 Visa and filed EAD.Received the EAD on 30th Nov 12 with Expiry date as 24th Dec 12.Valid only for 28days

    Current Visa Type: L2 Visa Expiry Date: 24-Dec-2012 I-94 Expiry Date: 02-Mar-2015 My Wife Visa details. Current Visa Type: L1B Visa Expiry Date: 24-Dec-2012 I-94 Expiry Date: 05-Aug-2015 Please advise on this situation what would be the...

    Fernando’s Answer

    Have you obtained an extension of the L1 and L2 through 2015? If you obtained an extension to 2015, and have not left the US since your first entry, then the EAD should have been isssued for at leats a year and not to the date of the expiration of your visa. If you traveled out of the US and reenterd with your original vias, that may be why the EAD was issued only until Dec 2012. You should meet with an attorney who specializes in immigration matters and show them all of your docuemtns. They will be able to tell you what is going on and how it can be corrected.

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  • Applying for citizenship with sealed arrest record

    Good afternoon everyone I am 24 years old and applying for US citizenship. I meet all the requirements; the only problem is that I was arrested last year for domestic violence(misdemeanor).I did not have enough money to hire a lawyer so I went wi...

    Fernando’s Answer

    If the case was just sealed, and not expunged, what we do is file a motion to unseal the file so we can get the necessary copies. Once we are done with the citizenship process then we get them sealed again. If you want me to take care of the unsealing and the citizenship process I would be happy to do that for you. It is very important to get them unsealed before you file anything with Immigration because there are some situations where even though you do not have a conviction under Florida law you have a conviction under Immigration law which is different. If you do, a domestic violence conviction will result in the denial of the citizenship and the commencement of deportation proceedings.

    If you would like me to take care of everything, the legal fee is $1500 plus $200 in costs and the filing fees. This includes unsealing he criminal case, filing the citizenship application, and going with you to the interview.

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  • URGENT HELP! Overstayed F-1 intend to get married anytime procedures

    In advance, thank you so much for your time and expertise. I came as an international student with the intend to complete my studies, on an F-1 visa which is good from 08/2010 until 08/2015. I switched schools and I had to leave the state of DE...

    Fernando’s Answer

    It i snot clear if you are stillin valid F status or not. Did your present school transfer your I-20? If you aer in status and you have a valid F1 Visa in your passport, you can leave for the emergency and return to resume your studies. You can then marry upon your return to the US(as long as it is a real marriage and not a marriage entered into justto get a green card) and apply for the green card then.

    If you are no longer in valid F1 status, if Immigration (USCIS) is not aware that you stopped going to school you probably have not accummulated unlawful presence, but if you are no longer in school leaving th US does have some risk attached to it because if USCIS determines that you started accummulating unlawful presence when you stopped going to school, and you have accunnultaed more then 180 days of unlawful presence, once you leave you will not be allowed to return for 3-10 years.

    If you were to marry before you leave, you would have to remain outside the US until you could get the immigrant visa. This could take about 9 months. Unless you are able to get married and remain in the US for at least 90 days after the filing of your green card appplicaiton, marriage right now is not a good idea.

    You definitely need an attorney.

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  • During OPT can I take classes in a different school?

    In the state of Florida, while I working full-time on OPT, can I start a part-time, higher education, program in a different school (not the current DSO)? If yes, do I need to transfer my SEVIS account to the new school?

    Fernando’s Answer

    • Selected as best answer

    You cannot attend a new school with your current SEVIS account as they are school specific. The new school would have to process you and get approval from USCIS before youcould start classes. If oyu convert the F-1 to and H1B because your employer sponsors you, then you can attend school while on the H1B. If you need helo with the H1B let me know.

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  • Can anyone tell me what does this mean ?

    I am getting answers back saying my husband may be eligible for "Cancellation of Removal" I have never heard of this process can someone tell me what is it and what will it do for my husband.

    Fernando’s Answer

    There are two types of Cancellation of Removal (COR).

    If your husband is in the United States illegally, then to qualify for COR the following are required:

    1. He has to be in deportation/removal proceedings;
    2. He had to be in the US for at least 10 continuous years prior to the commencement of the deportation/removal proceedings;
    3. He has to have been a person of good moral character (no arrests) during that ten year period;
    4. He has to have a parent, spouse, or child who is a resident or citizen of the US; and
    5. he has to convince the Immigration Judge that if he is removed/deported it will result in an exceptional and extremely unusual hardship to that resident or citzen family member or members.

    If the COR applicaiton is approved your husband becomes a resident of the US (gets a green card). COR is, however, discretionary. This means that even if he qualifies to file there is no guarantee the application will be approved. For this reason I rarely recommend to clients that they voluntarily place themselves in removal/deportation proceedings because if the Immigration Judge denies the application they will get deported. COR is usually something we do only iff the person is placed in removal/deportaiton proceedings and doesnl;t have any choice. the exceptions are cases where theevidenc eof hardship is very strong (e.g., family member with a life-threatening medical condition, well-documented political problems in country erson would be deported to, etc.).

    If your husband already has a green card, then if he needs COR it probably means he has a criminal record. If so, this is an entirely different process with different criteria.

    In either case, you should sit down with a certified specialist in Immigration Law with plenty of experience with removal/deprotaiton matters.

    We would be happy to assist you with your husband's situation.

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  • Additional passport photos needed. Good?

    I just had my interview in tampa.we were separated and I know there were some inconsistencies as my husband and I are in a fairly recent relationship and I think we wanted too much for them to believe us. At the end of the interview the officer as...

    Fernando’s Answer

    It is difficult to tell if there is a problem. Normally, if the only thing needed are more passport photos the offcer in Tampa would have directed you to an office on the back side of the building on Cypress where you could have gotten the requested pictures and provided them to the officer the same day. The fact that you were not asked to do that concerns me.

    When filing an I-130 the petitioner (you) is required to submit a passport photo of themselves. From your quesiton it appears that you did not do this, so, at a minimum, they would have needed one of you.

    I am also surprised the officer did not go ahead and copy your passport pages during the interview. This also gives me some concern.

    The fact that the officer did not send you to the back of thebuilding and the fact that the officer did not copy the bio pages of the passports while you were there, as well as your comment that there were inconsistencies in your answers there does give me some concern about your interview.

    If the officer gave you a form (Form I-72) only requesting the photos and the copies of the passports and nothing else, then provide those items within the time specified on the form. Make sure you make copies of what you send, include a cover letter stating what you are sending, and send the documents by Federal Express or certified mail, return receipt requested so you can verify you sent the information.

    If you are called back in for another interview make sure you take an attorney with you. We would be happy to help you should that occur.

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  • USCIS VISA status

    I applied for L1B extension. Now I have got L1B Pettion as approved for 3 yrs and new I-94. But I can see my status in USCIS as 'Post Decision Activity'. Is my extension process completed? or Something else is there?

    Fernando’s Answer

    No need to worry about the designation on the site. "Post Decision Activity" can refer to many things and it is just USCIS' way of describing any administrative funcitons they may have to take care of after a decision. It could include things like sending out the actual approval (that you already have).

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  • Is there any Cool-off period for US Work Permit (H1 B Cap/L1 B)?

    I was in USA for 2.5 years on L1 B and left USA in last year end. Since then I am outside USA. It is about 11 months now. I have few queries: 1. Is there any cooling-off period for US Work Permit (H1 B Cap/L1 B)? 2. I am planning to apply fo...

    Fernando’s Answer

    If you have been outside the U.S. for eleven months, your intended H1B employer in the U.S. should start the process as soon as possible. Given the potential delays in getting the LCA certified by the Dept. of Labor (they have glitches in the certification software and often send out incorrect denials that require the refiling of the LCA), and the fact that it will take, at best, two weeks for USCIS to approve the H1B petition, the case can be easily worked so that the approval takes place after th eone year anniversary of your departure from the U.S. By doing that you will be entitled to the full six years available under the H1B regulations (or more years if your employer sponsors you for a gree card).

    We would be happy to help you and your employer with this process.

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  • I 130 infopass appointment

    Hi everyone! i filed i 130 for my spouse(abroad )about 2 years ago when i was LPR about 5 months i become citizen and i upgraded our case by phone and i sent to uscis a copy of naturalisation , number receipt and copy of passport then we didn't h...

    Fernando’s Answer

    Hi. There are a few things you can do. One is to retain an attorney to look into what is going on wit the I-130 petition. Another is to apply for a K-3 for your spouse. You became eligible for the K-3 when you became a citizen. The K-3 petition is filed with Immigration (USCIS) in the U.S. and, normally, takes about 90 days to approve. Once approved it will still be several months before your spouse is scheduled for an interview at the Consulate in his home country.

    When your spouse arrives on the K-3 you will have to petition for your spouse all over again in the U.S.so your spouse can get the green card.

    The above is a complex procedure and you should defnitely hore an attorney so you do not waste time and money.

    We would be happy to help you.

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  • Advise on best time of marriage betwween a green card holder & a foreign national on valid visa to USA,or anyother alternative?

    hi sir/madam, my name is muskaan (name changed). my parents are green card holders and they applied for my immigration under F2A category (under 21). i turned 21 this november and i m yet to recieve my green card in a week or two. i m a final s...

    Fernando’s Answer

    First, make sure you do not get married until after you have been issued your immigrant visa and have come to the United States. If you go to the US Consulaet in India and they approve you all they are approving is the issuance of your immigrant visa. You will not actually becomne a green card holder until you arrive in the U.S. with the visa. We have had Indian clients who went to the immigrant visa interview and then married before coming to the U.S. and, by doing so, made themselves ineligible for the green card.

    Second, once you have your green card you are free to marry at any time (as long as it is a real marriage and not a marriage to get a green card). Once you marry him you can petition for him and he can join you in the U.S. in a couple of years.

    Third, if he wants to come to the U.S. sooner, you may want to hold off on marrying him until he is in the U.S. because if he marries you it will be more difficult for him to get a visa. His options for coming to the U.S. would be a job offer that requires his degree or coming to continue to study.

    Fourth, if he looks into coming to the U.S. to study, make sure he stays away from the J-1 Visa. The reason is that with the J-1, especially for medical students, he will be required to spend two years back in India after he completes his studies before he can return to the U.S.

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