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Eric Elliot Ludin

Eric Ludin’s Answers

174 total


  • How long does it take to obtain a green card and work authorization after getting married

    Hi! I am a French citizen and have entered the US in January 2012 with a J1 visa "Trainee". My J1 visa ends in June 2013 I have met my girlfriend last year and we plan on getting married before this date so that we can continue live together a...

    Eric’s Answer

    You can begin processing the paperwork for your green card as soon as you marry. Once married, you do not need to leave the US. Once you file the entire process takes about 5 - 6 months. You should get your work authorization a couple months before it is final.

    I highly recommend you retain counsel to assist with the process to make sure it goes smoothly. I am a little concerned about your comment, "we plan on getting married before this date so that we can continue live together and so that I can work here". The marriage should not be solely for immigration purposes. It must be a legitimate marriage. You may want to talk to a lawyer about what might help to establish that.

    Good luck!

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  • My husband l1 visa n i94 is expiring in march 2013 but We(dependent spouse n child) have i94 valid till 2014 .can I stay in u.s.

    I want to stay till June 2013 so that his school year finishes

    Eric’s Answer

    You might be out of status for a very short time (3 months). Is it your plan to leave the US and not return or apply for a new visa in the future? Being technically out of status, but having an I94 valid until 2014, is likely not going to create any problems for you. You might want to find out if the employer's attorney will ask for an extension and b) failing that, consult with an immigration lawyer to get further peace of mnd.

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  • Again here hope this time ill get some response i was a permenant residence since 93 since my child hood but this time on

    31 mach i came to usa and immigration officer stamp my pakistani passport entry) and then cbp officer take me to room and ask question etc.then he take my pic and place on i94 and also stamp i94 with cbp dhs i551 its a stamp on i94 will expire on ...

    Eric’s Answer

    I agree with my colleague. This must be very disconcerting for you. I lawyer will investigate the situation and find out from the government whether they are taking any action or not. I believe it is worth it to invest a little money in legal assistance to give you peace of mind and help you plan your life. No one can read what you wrote above and give you an answer you can rely on as being accurate. It will take a few hours of work for a lawyer to give you a good answer.

    Feel free to call my office if you want to discuss this further. Good luck! In 2013 you should take action to get this weight off your shoulders.

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  • Can a recent change of status (O-3) affects the ability to enter the US on a visitor visa?

    My wife and I were married in the US and have not since left the country to update her status to O-3. We're looking to leave the US for opportunities in Europe and will be attending interviews abroad soon. If we don't switch her to O-3 status whil...

    Eric’s Answer

    If you intend to return to the US and apply for an O3 here, you would need to be here on a B1 visa. Were you intending to come here on the visa waiver program? If you come on the visa waiver, you cannot change your status in the US.

    I assume neither of you are US citizens?

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  • New US citizen petitioning for family members here on very expired visitor visas - Can it be done?

    I recently because a US citizen. I have two children I brought here in 2007 on visitor visas which has obviously expired. Along with them my parents came here too - also on visitor visas. Now I am trying to correct everything. Does anyone know...

    Eric’s Answer

    I agree with Mr. Randolph. Considering what is at stake and how important it is that this be successful, you really need to talk to an attorney and run these issues by him/her. The attorney should help prepare the petitions as well.

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  • Can i travel to my home country with 8 months to expiry of H1B visa?

    My H1B visa expire in end of September 2013. I am planing a trip to my home country in 1st week of February for 2 weeks. I haven't filed for extension yet. I will do that once i come back. Really appreciate a response.

    Eric’s Answer

    I don't see any problem based on what you are saying. Is there some other reason you are concerned other than the H1B expiration date?

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  • As a Domestic Violence Victim, Does the case shows on your records and will it effect your H1 work permit renewal.

    I am here on H1 Work permit and recently I was involved in Domestic Violence as a Victim because of my GF. She was the one who called the Cops and ended up getting her arrested and being charged. Cops took my pics as I had scars on my face and w...

    Eric’s Answer

    The USCIS will not treat you adversely because you were a victim of a crime. You need not worry about how that will effect your renewal. If you were charged with a crime my answer might be different.

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  • Im a student on a j1 visa, the visa on the passport is valid till 3rd of feb 2013 however my ds2019 expired on 3rd of jan 2013

    at this point i would like to change my j1 to f1 will it be possible to do so before my visa expires ?

    Eric’s Answer

    It depends on the timing. Has the program ended already. If you plan before the program ends and before the next on begins, it is possible.

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  • Unlawful presence accrued after filing AOS while under deportation proceedings

    I received an NTA in 1995 and filed a AOS application shortly thereafter. In December, 1998 the immigration judge granted me voluntary departure and I left the US in Jan 1999. Did I accrue any unlawful presence during the time I was in proceedi...

    Eric’s Answer

    I agree with Mr. Berman.

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  • Immigration Reform and Control Act of 1986 - Signed into law by President Ronald Reagan on November 6, 1986

    1) legalized illegal immigrants who entered the United States before January 1, 1982 but what happened to all those immigrants who entered after January 1, 1982 ??? 2) The reason I'm asking this bcoz if in future if there is any IMMIGRATION RE...

    Eric’s Answer

    This answer will not help you much.....but, I think it is impossible to predict today whether there will be immigration reform, though it seems like politicians are motivated to do something. But, even with a crystal ball, I don't think anyone will know the answer to your question #2 until the law actually passes.

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