David Wolfe Leopold’s Answers

David Wolfe Leopold

Cleveland Immigration Attorney.

Contributor Level 2
  1. Labor in Audit in the 6th year. What happens to H1 if I stay in the US with H4 receipt number and option to get H1 extn.

    Answered over 1 year ago.

    1. Juan Paolo Pasia Sarmiento
    2. Robert Louis Brown
    3. David Wolfe Leopold
    3 lawyer answers

    Your questions raises a complicated issue related to the applicability of AC21 provisions. Specifically, you are asking whether you will be eligible for the 3 year extension of H1B classification beyond the 6th year once your I-140 is approved--presumably several months from now assuming your PERM audit ends in an approval of the labor certification. USCIS guidance addresses this issue in various memoranda, however, to address your question specifically--whether you will be able to extend...

  2. Considering filing I-130 petition for my brother who has a tourist visa to USA - will I-130 petition void his tourist visa?

    Answered almost 2 years ago.

    1. George Michael Wick
    2. David Wolfe Leopold
    3. F. J. Capriotti III
    3 lawyer answers

    This is a more complicated issue than it appears. I strongly recommend that you consult with an attorney before proceeding. The tourist visa B1/B2 requires an intent to return to the home country. While the I-130 filing is not necessarily inconsistent with the B1/B2 and certainly won’t void its issuance, your brother could have issues on inspection by CBP when he comes to the U.S. for a visit. It is for that reason that he needs to consult with an attorney so that he has a complete...

  3. My fiance was deported for 10 years i have a 5 month old kid by him i want to get him back over here? arrested for false info

    Answered almost 2 years ago.

    1. Namita Agarwal
    2. Javier E Morales
    3. Theodore John Murphy
    4. David Wolfe Leopold
    4 lawyer answers

    You need to consult an attorney. There is not enough information here to provide a reasoned response. The attorney will need to know the following: exact conviction(s); history of immigration violations; immigration history; history of removal proceeding; and other information about his background. There may be a pathway to bring him back, but the road is complicated and you need solid legal advice.

    1 lawyer agreed with this answer

  4. I'm getting married to a illegal immigrant who has been in this country for 20 years

    Answered almost 2 years ago.

    1. J Charles Ferrari
    2. Rebecca T White
    3. David Wolfe Leopold
    3 lawyer answers

    You should consult with an immigration attorney. Your fiancee's eligibility for an immigrant visa based on your marriage may depend on how he entered the US and/or whether he has ever had another petition filed on his behalf. Any criminal history is also important. You should consult with an immigration attorney. The American Immigration Lawyers Association www.aila.org has a referral program on its website.

    1 lawyer agreed with this answer

  5. Will he have to wait long in jail?

    Answered almost 2 years ago.

    1. Noah Howard Pines
    2. James B. Hernan
    3. Michael Lawrence Doyle
    4. David Wolfe Leopold
    4 lawyer answers

    ICE has 48 hours to pick him up once he is released from state custody. If the state/county/city refuses to release him after that he should consider filing a petition in court.