Skip to main content
Ari J Sauer
Avvo
Pro

Ari Sauer’s Answers

307 total


  • If I start my visa papers in america, can i stay there while they process?

    I am married to an american citizin (my wife) and I'm british. I haveheard that if i went to visit her in america and say, for this example that mid visit, our plans had changed and we wanted me to stay in america with her that she could start the...

    Ari’s Answer

    I would not recommend using a visitor visa or the Visa Waiver Program to enter the US if your intention is to stay in the US and apply for an immigrant visa based upon your marriage to a US citizen. However, there is case law that states that if the spouse of a US citizen does have the intent to stay when they enter the US, as long as they didn't actually lie or use any false documents to obtain the visa or to enter the US, then they should still be able to apply for a green card in the US. However not all USCIS office apply this case law equally across the board. So you should definitely consult with an experienced immigration lawyer before filing anything.
    As to the other part of your question... yes, If someone is eligible to apply for a green card application in the US (Application for Adjustment of Status), as a general rule they will be allowed to stay in the US in an Authorized Period of Stay while their application is pending. However someone who is not eligible to apply will not necessarily be in an Authorized Period of Stay simply because they filed an Application for Adjustment of Status.

    See question 
  • When can I apply for E-2 visa for a new franchise business?

    I am planning to buy a new Papa John's franchisee. I am at the application stage. At what stage E-2 visa can be obtained if opening a new franchisee? e.g. signing franchisee agreement, store site approval, lease confirmation signing, actual constr...

    Ari’s Answer

    You should definitely have a good immigration attorney help you with the E-2, as well as a corporate lawyer with experience working with E-2 applicants. Because the worst-case scenario in this situation is not just being denied the E-2. The worst case scenario in this situation is where the E-2 is denied and you find yourself stuck with a company that you own, but no visa to allow you to be in the US to run it.

    See question 
  • I am a green card holder. Can I have break between jobs. I wanted to end my current job one week before start of new job.

    I am with green card (permanent resident). I have new job offer and wanted to end my current job at-least one week before starting the new job. Is that Okay. How many days I can take a break between jobs as a Green card holder. I greatly apprecia...

    Ari’s Answer

    If you stop working, you will not lose your green card.

    See question 
  • How do es worker comp figure a 60 day advance for instance my 60 dat advance is 2441.41 is there a formula?

    Back fusion 7 percent rating permanant restrictions 40 lb occasionaly 20 lb routinely

    Ari’s Answer

    This is not an immigration question. This should be posted as a workers compensation question.

    See question 
  • If married to someone outside the USA, is it mandatory for the person live in USA to get his green card?

    I reside in the States but my fiance is in another country. Will he be able to obtain his green card without living in USA?

    Ari’s Answer

    The green card is for those people who intend to have the US as their permanent residence. He could get a green card if he is living outside the US, but if his intention is to continue spending the majority of his time outside the US, then he will eventually end up abandoning his permanent residence. I would recommend that you consult with an immigration lawyer to review your fiancé's situation and get an idea of whether it is worth it for you to pursue a green card for him.

    See question 
  • STEM degrees for Medical Doctors?

    I see that on DHS website listed in the set of documents her: http://www.ice.gov/sites/default/files/documents/Document/2014/stem-list.pdf Are Cardiovascular Science and Neuroscience. Would that mean that physicians like Cardiologists and...

    Ari’s Answer

    Your degree's CIP code is listed on your I-20. Look for your CIP code on ICE's list to see if your degree would count as a STEM degree for purposes of requesting a STEM extension of your OPT.

    See question 
  • My wife will have immigrant visa interview at USA embassy in Kenya.

    i am resubmitting my question with more detail.thank you very much in advance for your help !!! my wife will have immigrant visa interview very soon and i am going to send her copy of our phone call records,money transaction, marriage certifi...

    Ari’s Answer

    I agree with the prior answers. I will also suggest that instead of altering the document to remove numbers, which you definitely shouldn't do, you instead have her bring in the original phone records and either you or her take a highlighter and highlight those numbers that are relevant. Good luck.

    See question 
  • I-751 filing outside US

    I filled a petition for an immigration visa for my husband from India after 1 year of our marriage since I was living with him here in India, his visas were approved by last month. He went to United States a couple of weeks back and his green card...

    Ari’s Answer

    If your initial green card application (I am assuming you filed an I-485) has not been approved yet, then you are not at the stage in the process where you would need an I-751. If your I-485 is not approved until after your 2nd anniversary, then he should not receive a Conditional Residence, and an I-751 should not be necessary.
    It sounds like you are trying to do this on your own without an attorney, and it sounds like you don't quite have the process down. I would highly recommend that you consult with an experienced immigration lawyer about your situation, as you want to make sure that you have not abandon the green card application and that he does not end up abandoning the permanent residence status once the permanent residence is granted.

    See question 
  • Can a PD obtained from EB3 ROW application (approved i140) be ported to an FB (f1) category?

    My pd is in EB3 row, is it possible to port it to FB (f1)? There's no i130 filed yet.

    Ari’s Answer

    No. You cannot port or recapture a priority date for an EB petition for a FB petition.

    See question 
  • How do i get my green card thru my wife

    i came from el salvador with a tourist visa back in 2003 and i got married about a year and couple months ago to mybwife who is a us citizen.we also have a child together and i was wondering if i qualify for one. i have never been in jail or arres...

    Ari’s Answer

    As a general rule someone who entered on a visa and is married to a US citizen can apply for a green card as ling as they haven't done anything to make them inadmissible. You should have a consultation with an immigration lawyer to see if theee is any reason why you would be ineligible.

    Ari Sauer
    Memphis, TN
    901-507-4270
    www.visalaw.com/ari
    www.immigrationanswerman.com

    See question