Robert Philip Webber’s Answers

Robert Philip Webber

Edina Immigration Attorney.

Contributor Level 12
  1. What happens after my I-140 form got approved

    Answered almost 6 years ago.

    1. Robert Philip Webber
    1 lawyer answer

    If you are a citizen of India and you are in the United States with an approved I-140 and I-485 application pending, then your I-485 application can only be approved when your "priority date is current." From your posting, it seems like your priority date is Jan 29, 2007. One thing you need to know is what classification the I-140 petition for you was filed. Often the classification is either EB-2 or EB-3, which stands for "Employment-Based 2nd preference" and "Employment-Based 3rd...

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  2. Can L2 visa holder apply for SSN and will it be valid for obtaining job?

    Answered almost 6 years ago.

    1. Robert Philip Webber
    2. Manjunath A. Gokare
    2 lawyer answers

    The issue here is complex, as the Social Security Administration (SSA) has traditionally viewed things differently than USCIS. But currently the SSA will issue a SSN to a L-2 visa holder, and I believe that in the state of GA, you need a SSN to obtain a driver's license. You can review information on the SSA's position here: https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203600!opendocument (Note the ** in the chart, when discussing L-2 visa holders). However, even though a L-2 visa...

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  3. Military spouse applying for adjustment of status, immigration law

    Answered almost 6 years ago.

    1. Robert Philip Webber
    2. Elena Nickolaievna Lougovskaia
    2 lawyer answers

    If you are married to a US citizen, and your US citizen husband serves in the US military and is stationed abroad for a period of over one year, then you are eligible for 'fast track' naturalization. To qualify for fast-track naturalization, you must be a green card holder; but this provision is pretty amazing because you are exempt from both the RESIDENCE requirement and the PHYSICAL PRESENCE requirement. The provision of law that allows this is INA Section 319(b). You can read about 319(...

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  4. Can I sponsor an immigrant that is a non-family member?

    Answered almost 6 years ago.

    1. Stuart Jonas Reich
    2. Robert Philip Webber
    2 lawyer answers

    "Sponsorship" has many meanings in immigration law. So the answer to your question is a definite "IT DEPENDS!" If an individual owns a business, then it may be possible for the business to "sponsor" a foreign national for a temporary or permanent (immigrant) visa. The rules are complex and the process can take a long time, but it may be possible. If the foreign national is applying for a visa, and needs documentation of financial support (to show that the person will come to the US and be...

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  5. Second interview for green card marriage

    Answered almost 6 years ago.

    1. Robert Philip Webber
    2 lawyer answers

    2 green card interviews is definitely usual; you need to retain a qualified immigration attorney in your area to consult with you prior to your second interview.

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  6. Self employed business owner on F1 OPT

    Answered almost 6 years ago.

    1. Stuart Jonas Reich
    2. Robert Philip Webber
    2 lawyer answers

    If you want to know whether your proposed self-employment on OPT work authorization is viable, you should discuss it with the international student advisor at your school, and the department chair. OPT is work authorization tied to your student status, and the school is in the best position to advise you on whether you are in compliance with that status (plus it is a cost-effective resource since you are already paying/or paid a lot in tuition). If you ask me, then I would say it is not...

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  7. Have H1-B visa, Travel outside US with a DUI, Any problem at POE?

    Answered almost 6 years ago.

    1. Robert Philip Webber
    2. Philip Alan Eichorn
    2 lawyer answers

    You are right that it may not be a deportable (removable) offense, but DUIs are pretty serious these days from an immigration law perspective. Here is the relatively recent memo by the US Dept of State on the issue: http://travel.state.gov/visa/laws/telegrams/telegrams_3267.html First thing you need is complete documentation of the criminal issue. You will want all the documentation plus documentation of the actual state statute for which you were charged. You could request your FBI...

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  8. Second interview for green card marriage

    Answered almost 6 years ago.

    1. Robert Philip Webber
    2 lawyer answers

    I made a typo in my initial posting. I meant that 2 interviews is UNUSUAL, that is, not usual. That is why you should get a lawyer to review the case.

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  9. Immigration consequences for tax fraud

    Answered almost 6 years ago.

    1. Robert Philip Webber
    1 lawyer answer

    From an immigration perspective, if they have determined that you have submitted a fraudulent US tax return with your I-751 petition to remove conditional permanent residence, then you have committed fraud against the US government and you will be removable (deportable), with a pretty remote chance, if any, of overcoming the determination. Separate from any immigration-related consequences, I'm sure that you are subject to potential criminal prosecution.

    4 lawyers agreed with this answer

  10. What can I do to renew my I-20 that got cancelled without leaving the U.S.

    Answered almost 6 years ago.

    1. Robert Philip Webber
    1 lawyer answer

    You should discuss with your school the possibility of reinstatement. The F-1 regulations do allow for it. 8 CFR 214.2(f)(16): (16) Reinstatement to student status .-- (Revised effective 1/1/03; 67 FR 76256 )(Amended 6/3/95; 60 FR 21973 ) (i) General . The district director may consider reinstating a student who makes a request for reinstatement on Form I-539, Application to Extend/Change Nonimmigrant Status, accompanied by a properly completed SEVIS Form I-20 indicating the DSO's...

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