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Neil Ian Fleischer

Neil Fleischer’s Answers

5,879 total


  • RFE response in premium processing while original H1B was in regular processing.

    My wife's H1B application got RFE. Her employer said they will response RFE in premium processing though her original H1B application was through regular processing. Is there a risk of denial if response of RFE is made in premium whereas original ...

    Neil’s Answer

    There is always a risk of denial, however, it will NOT be denied merely for "upgrading": to premium processing

    See question 
  • Evidence of selective service registration

    Hello. I have been a permanent resident for 5 years. I applied for citizenship a couple of month ago and just received a letter for my interview. Among the documents I was asked to bring are: Any evidence of Selective service registration. The pr...

    Neil’s Answer

    You did not have to register in my opinion

    NON-CITIZENS
    Some non-citizens are required to register. Others are not. Non-citizens who are not required to register with Selective Service include men who are in the U.S. on student or visitor visas, and men who are part of a diplomatic or trade mission and their families. Almost all other male non-citizens are required to register, including undocumented immigrants, legal permanent residents, and refugees. The general rule is that if a male non-citizen takes up residency in the U.S. before his 26th birthday, he must register with Selective Service. For a more detailed list of which non-citizens must register, see Who Must Register - Chart .

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  • Can i attarch the affidavit of support of sponsor and co-sponsor on same file or should the co-sponsor send his separately

    i am filling for adjustment of status from fiancee visa to green card,so is the form i-864 of the sponsor and co -sponsor be on same file with the form i-485 and other documents or should the co-sponsor send his form i-864 separately,thanks.

    Neil’s Answer

    send together, uscis will likely to know what to do with it if you send seprately

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  • How long does it take to get an interview appointment with the NVC after uou have paid the fees and completed the DS-260?

    My husband is waiting to hear back from the NVC or an appointment in Montreal. Wrist submitted his DS-260 and paid the fees. How much longer until he gets a greencard? Thanks for any help

    Neil’s Answer

    Did he submit all the require documents and affidavit of support? if not, you will not get an interview anytime soon

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  • Would naturalization application get denied for failing to provide any records for arrests that occurred in foreign county?

    Is the date of the arrest relevant?

    Neil’s Answer

    Yes and yes

    it may even lead to revocation of the green card depending on the situation

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  • I am an international student with F1 visa. Is there a way I can get work permission for one year?

    As a master of architecture student in university of Cincinnati we have this cooperative program which through school we work in architecture office every other semester, and it is a paid position. Currently, I am working with the school issued w...

    Neil’s Answer

    if you act VERY quickly, your employer may be able to file an H-1b visa for you. otherwise, it is doubtful you can get work authorization. Talk to your DSO and Ron Cushing
    good luck

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  • Divorce and affidavit of support

    I need legal advice for divorce and affidavit of support .

    Neil’s Answer

    It is usually enforceable in Ohio, the I-864
    Davis v. Davis, 2004 WL2924344 (Ohio Ct. App. Dec. 17, 2004).

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  • Biometrics done, but worried...why are the employees so inefficient?

    So I went in and had my biometrics taken for i485 and i765. The gentleman who was doing them casually started a conversation with some other lady in the middle of the process and I'm pretty sure that he skipped a step. I didn't think much of it th...

    Neil’s Answer

    they are contractors, but if you had an issue contact USCIS

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  • I'm a citizen of iran and a citizen of turkey and a citizen of Latvia. If I marry a usa citizen can I become a usa citizen,too?

    Isn't there any problem with it?

    Neil’s Answer

    You must first become a permanent resident of the usa ( green card) . Then you can become a citizen if you meet the requirements . USA does not recognize dual citizenship fr their citizens

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  • HEY, does felonies affect my application?

    hello all, i have a quick question: my girlefriend have a flony 5 .. does it affect our i130 or i485 application? ? does bad record affect green card application?

    Neil’s Answer

    If you girlfriend is a US citizen it will not affect t the case, especially if you are aware of it. USCIS may try to say it affects credibility, but that can easily be overcome by telling the truth when questioned about it

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