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Ari J Sauer
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Ari Sauer’s Answers

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  • If you are an immigrant and worked on a ead work permit for half the tax year can you be a sponsor or a joint sponsor.

    i am still currently employed although out of status, how do i show proof that my income will continue from the same source

    Ari’s Answer

    I agree with Irene's answer that only US citizens and green card holders can be sponsors or joint sponsors. The exception is that the foreign national beneficiary can be a joint sponsor for their own petition in certain circumstances.

    Ari Sauer
    Immigration Lawyer
    Siskind Susser Law Firm
    Memphis, Tennessee
    (901) 682-6455

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  • I have been here for 10 years but went to mexico 3 times in this time frame can i benefit from this new law?

    second time i cross the border i was cought the only took my picture and finger prints and got send back the next morning can i still benefit from the new law if i marrie my girlfriend?

    Ari’s Answer

    Most likely you are not eligible to be able to file for a waiver. Someone who came without inspection or overstayed the expiration date on their I-94 can become Unlawfully Present. Someone who has more than a year of Unlawful Presence, leaves the US and then reenters or attempts to reenter the US without inspection will make themselves subject to a permanent bar under INA 212(a)(9)(C).

    It is a bit more complicated than that, so I can't say for sure that you are permanently barred without getting additional information from you, but it sounds like you might be.

    Consult with an immigration attorney to make sure.

    Ari Sauer
    Siskind Susser Law Firm
    Memphis, Tennessee
    (901) 682-6455

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  • 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?

    I sponsored my sister into the states, after 2 years she decided to move out without a steady income. What is my penalty for her actions? Will I still be responsible for her after she moves out? Her name is still on all my paper work for financia...

    Ari’s Answer

    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 stamps, then the US government can enforce the AOS and, if needed, sue the petitioner/sponsor to refund the money paid out to the foreign national.

    Ari Sauer
    Immigration Lawyer
    Siskind Susser Law Firm
    Memphis, Tennessee

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  • Question of I-94

    I hold a H1B visa and extend from Nov, 2011 to Nov. 2014, I didn't extend my wife and daughter's I-94 because our I485 was pending at that time, the lawyer of our company said it will be ok, but our I485 was denied last week, I think I should ext...

    Ari’s Answer

    • Selected as best answer

    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 attorney or a new attorney.

    Ari Sauer
    Memphis, TN Immigration Lawyer
    (901) 682-6455
    www.visalaw.com/ari
    www.immigrationanswerman.com
    www.facebook.com/the.immigration.answer.man

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  • How can I speed up the visa process for my fiancée living in Morrocco ?

    From experience we've learned it takes nearly a year to get this processed in her country . How can I expedite it here from the USA ?

    Ari’s Answer

    You cannot speed up the process of bringing her here sooner as a fiance. But you may want to discuss with an experienced immigration attorney whether there are other nonimmigrant visa options that might allow here to come to the US quicker.

    Ari Sauer
    Memphis Immigration Lawyer
    Siskind Sisser Law Firm

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  • Using H1B to change job instead of EAD. Need to file AC21?

    I have an approved EAD and H1-B. With 485 pending, i intend to change employer on H1B (port/transfer) and not use my EAD. I was informed that my H1-B will be cancelled by my present employer. But i plan to complete the H1B transfer before i le...

    Ari’s Answer

    The ability to port an H1B to a new employer, the ability to work for a different employer on a valid EAD and the ability to port your I140 to a new employer under AC21 are all 3 seperate things. If the new H1B is filed before you change employers and before your current H1B is withdrawn by your employer then you can port your H1B to the new employer. Alternatively you can work for the new employer on an EAD as long as your work authorzation remains valid. Finally, if your I485 has been pending for more than 180 days, your I140 is approved, and you will be working in the same or substantially similar position, then you can port your I140 under AC21. Neither of these 3 things require you to "invoke" AC21, although there is the option to notify USCIS when porting an I140 under AC21.

    Ari Sauer
    Siskind Susser law firm
    Memphis, TN
    901-682-6455
    www.visalaw.com/ari
    www.immigrationanswerman.com
    www.facebook.com/the.immigration.answer.man

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  • I would like to do Business In USA wants to know the procedure?

    1st I came on B1 visa to US for 6 months and went back to home country in 5 months got married and now came back with wife on B2, and wanted to start a new Small/Medium Business in USA wants to know the procedure and documents checklist. Also look...

    Ari’s Answer

    What visa options are available, if any, depend on a number of factors, including: your nationality, the amount of money you will be investing in the US company, where the money for the investment is coming from, the expected size of the company, the number and types of employees that will work for the company. whether or not you own any other companies abroad, how much time you plan to spend in the US, etc. This is not really the type of question that can be answered on this forum, as it is very specific to your situation. You should consult with an immigration lawyer.

    Ari Sauer
    Memphis Immigration Lawyer
    901-682-6455

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  • Why would green card renewal approval be reconsidered?

    My greencard expired 05/11 I left US for a few days in 10/11 when I returned immigration questioned me but stamped my passport as US resident and advised to renew ASAP. I didnt do so until Aug of this year. Everything was accepted and I received...

    Ari’s Answer

    I agree with Samuel's answer, especially his explanation that you could possibly be a US citizen without knowing it, which would explain why USCIS would not reissue you a green card. Also, it is possible that it is just a glitch in the process. USCIS processes so many green cards that some do get caught in the system. You likely would benefit from consulting with an immigration attorney about this.

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  • Help

    I got a social security number but it's just for work and i want to apply for any school .. is that make sense ?

    Ari’s Answer

    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.

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  • I was approved a I13O relative petition...is this enough to prove for the I751? She filed for divorce, we are divorced now.

    My permanent residency was dependent on relative petition...it was approved after interviews, have it on paper... married for 14 years...Now divorced and I'm needing to apply for permanent residency and need to file a I751, would the I130 be effec...

    Ari’s Answer

    I agree with my collegues and also point out that something doesn't add up with your situation as you exolain it. You should consult with an attorney and have them look at your documents. You may not need an I751. You might only need an I90 or maybe you don't need to file anything at this point.

    Ari Sauer
    Memphis, TN
    901-682-6455
    www.visalaw.com/ari
    www.immigrationanswerman.com
    www.facebook.com/the.immigration.answer.man

    See question