Ari J Sauer’s Answers

Ari J Sauer

Memphis Immigration Attorney.

Contributor Level 13
  1. Question of I-94

    Answered about 2 years ago.

    1. Ari J Sauer
    2. Samuel Anthony Silva
    3. Christian Schmidt
    3 lawyer answers

    They need to go back to their home country and apply for H4 visas. They are accruing Unlawful Presence so they must leave before they accrue 180 days of Unlawful Presence. Otherwise they will be subject to a bar of inadmissibility. Either that or if you can file a new adjustment if status under a new basis before they have accrued 180 days of being out of status or working without authorization then that may be an option although probably the riskier option. You need to consult with your...

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

    Answered over 1 year ago.

    1. Ari J Sauer
    2. Alexander Joseph Segal
    3. Olesia Gorinshteyn
    4. J Charles Ferrari
    4 lawyer answers

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

    6 lawyers agreed with this answer

  3. EB-2 Green Card filling under BS+5

    Answered almost 2 years ago.

    1. Ari J Sauer
    2. Karen-Lee Pollak
    3. J Charles Ferrari
    4. Dean P Murray
    5. Dhenu Mitesh Savla
    5 lawyer answers

    EB3. For purposes of qualifying for EB2 as BA plus 5 you cannot use work experience to reach the equivalent of a US BA degree. Ari Sauer Memphis Immigration Lawyer Siskind Susser Law Firm (901) 682-6455 www.visalaw.com/ari www.immigrationanswerman.com www.facebook.com/the.immigration.answer.man

    6 lawyers agreed with this answer

  4. I'm about to file for US citizenship naturalization.

    Answered almost 2 years ago.

    1. Ari J Sauer
    2. Samuel Patrick Ouya Maina
    3. J. Thomas Smith Ph.D.
    4. Barry L Frager
    5. Agnieszka M Haupt
    5 lawyer answers

    It is preferable to list all citations, including traffic citations. Ari Sauer Memphis Immigration Lawyer (901) 682-6455

    6 lawyers agreed with this answer

  5. Is my spouse eligible to apply for a permanent green card or does she only qualifies for a conditional green card?

    Answered over 2 years ago.

    1. Carl Michael Shusterman
    2. Ari J Sauer
    3. J Charles Ferrari
    3 lawyer answers

    If the couple has been married for more than 2 years at the time the foreign national first enters the US on an immigrant visa or at the time their application for Adjustment of Status in the US is approved then the foreign national should receive a 10-year permanent resident card. If they have been married for less than 2 years at that time then they should receive a 2-year conditional card. Ari Sauer The Immigration Answer Man Siskind Susser Law Firm 901-682-6455 www.visalaw.com/ari...

    6 lawyers agreed with this answer

  6. 1)If I lose my job anytime when I'm in H1 status, can I immediately apply for Change Of Status to L2 without being out of status

    Answered over 2 years ago.

    1. Ari J Sauer
    2. J Charles Ferrari
    3. F. J. Capriotti III
    4. Theodore John Murphy
    4 lawyer answers

    There is no grace period within which to file the change of status. So if you are not able to file the application for the change of status before you are terminated, then you are out of status. However USCIS has the discretion to accept the untimely filed change of status and can approve it despite the gap in status. If your L-2 is approved then you will not have been out of status during the period when the application was pending. If you get an RFE you should consult with an attorney on...

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  7. Help

    Answered about 2 years ago.

    1. Ari J Sauer
    2. Stephen D. Berman
    3. Alexander M. Ivakhnenko
    4. Timothy Minthorn Klob
    4 lawyer answers

    The same social security number can be used to apply for school. The social security number does not grant you any authorization to work or go to school. You would have such authorization, or not have authorization, based upon your particular immigration status or a valid employment authorization card issued to you by USCIS.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. I am us citizen. i am planing to bring my brother. but he already turn 21. how long is wait time

    Answered over 2 years ago.

    1. Carl Michael Shusterman
    2. Robert West
    3. F. J. Capriotti III
    4. Kyndra L. Mulder
    5. Rebecca T White
    6. ···
    6 lawyer answers

    I agree with the answers the other lawyers have given and add that you should consult with an immigration lawyer. There may be other options available for your brother to come to the US sooner such as an employment-based visa. If you consult with an attorney they should be able to go through your brother's specific situation and determine what other options might be available. Also, it should be noted that it doesn't matter what your brother's age is. The wait for a sibling of a US citizen...

    7 lawyers agreed with this answer

  9. I am under an F-1, OPT visa. What is the process for marrying a US Citizen?

    Answered over 2 years ago.

    1. Ari J Sauer
    2. Meghan Anne Abigail
    3. Gintare Grigaite
    4. Neil Ian Fleischer
    5. Karen-Lee Pollak
    5 lawyer answers

    You must be married before your wife can petition for you and you can apply for residency. There is no immigration paperwork that is required before you marry. The F-1 does not impact the process of marriage or your ability to apply for residency, but the marriage could impact your ability to extend your F-1 or to travel on the F-1. If you will need to travel before becoming a permanent resident you should consult an immigration lawyer before making travel plans. An immigration lawyer can...

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  10. What happens to me if the person I have sponsored over into the United States decided to move out on their own after 1 year?

    Answered about 2 years ago.

    1. Ari J Sauer
    2. Irene Vaisman
    3. J Charles Ferrari
    4. Jeffrey Jose Estrella
    4 lawyer answers

    Once a foreign national has been granted Permanent Resident status, the petitioner and any co-sponsors cannot withdraw their Affidavits of Support. The AOS remains enforceable until the foreign national becomes a US citizen, until they have worked in the US for at least 40 quarters, or until either the foreign national or the petitioner/sponsor dies. If the foreign national becomes a public charge and receives public funding that they are not eligible for, such as welfare payments or food...

    5 lawyers agreed with this answer

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