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Nancy Marcia Vizer

Nancy Vizer’s Answers

7 total

  • Cruise to Alaska through canada but visa expired valid I-20

    I am an chinese student holding a F-1 visa. I booked a cruise to alaska from seattle. The only stop aboard is in victoria port in Canada. I can stay in ship. But I was told I have to pass the immigration (or custom) when the ship back to seattle....

    Nancy’s Answer

    You need to review this carefully with an attorney, who will look at all of your immigration documents before giving you an answer. You do not want to take a chance on this, and find yourself unable to get back into the United States.

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  • Is filing separate affecting the removal of conditional green card?

    My husband and I have been married for a year. I obtained a conditional green card in June 2010 and started to work as independent contractor from July. In the meantime, my husband lost in job in September and was still studying. My husband was ab...

    Nancy’s Answer

    I always advise my clients to file income taxes in whatever way you can legally get the largest amount back. Do not let an accountant simply tell you that you will get more back if you check a certain box on the return. Make sure that what the accountant is doing is proper for a married couple. You should definitely speak with an immigration attorney to make sure that you are not hurting your case - it will depend on what other evidence you have.

    The above is not intended as legal advice.

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  • What happens if I get divorced while processing my green card. I have only been married for 7 months?

    I was on a student visa and I got married August of 2010. I no longer attended school after I got married but have submitted all necessary immigration papers before my student visa expired. We had a baby November 2010. My problem is my husband who...

    Nancy’s Answer

    If your husband won't support your application, you can't get immigration status through him. You may need to look into the Violence Against Women Act. You should get advice from a good immigration attorney.

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  • I had OPT permit but it expired. I still have my social security. Would I get in trouble?

    I was an international student who got an OPT permit with a social security number. Would I get in trouble if I decide to keep working? And if I do, and go out of the USA and then try to come back again...would I be in trouble in the border? Can i...

    Nancy’s Answer

    It is very unlikely that you would be able to return to the Untied States if you leave. I assume your student visa has expired, so you probably have no document to return with.

    The above is not intended as legal advice. You should seek counsel.

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  • Asylum Master Hearing: Required Documents

    I applied asylum after the One year period & did the asylum interview at NY. (I wasn't in removal proceedings). At that time my lawyer told me I have a very strong case and there is big possibility that Im being granted Withholding of Removal. Bu...

    Nancy’s Answer

    Your larger question is why are you seeking outside legal advice when you are already working with an attorney? If you are not comfortable with your attorney, you should seek new counsel. If you are comfortable with your attorney, you should not be soliciting advice from other attorneys. It is difficult to answer questions like yours without a full understanding of the case.

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  • I am under an H1-B Visa. Am I eligible for a green card through my current employment?

    I have been under an H1-B Visa for 1.3 years now. My current employer is willing to sponsor me in order to apply for the permanent residence through my job. I am a Graphic Designer. Is this possible? How is the process and how long does it take?

    Nancy’s Answer

    There are several factors that will influence how long this case will take. First, right now it is difficult for employers to show that there are no qualified American workers for the position. If you have some unique characteristic that is necessary for the position, your employer will need to indicate that on the PERM application submitted to the Department of Labor, and the application will likely be audited, which takes some time.

    A second factor in the length of time it will take will depend on what country you were born in.

    A final factor will be whether the position requires just a bachelors, or whether it requires a masters degree. Positions that require a masters degree have a shorter "quota line."

    You should not proceed without a lawyer, and the above is not intended as legal advice.

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  • Suing an Employer for fraud in misrepresenting H1B application causing a denial

    Hi, I have a MS in Business Analysis degree from a reputed US university. I started working on F1 OPT with a consultanty that placed me in a reputed company. My employer then filed my H1B, which got denied. After the denial I realised that they ha...

    Nancy’s Answer

    The answer to this question will depend on the contract you had with this employer, and possibly on state laws. You should seek out a litigation attorney, rather than an immigration attorney, to help you with this issue. I certainly wish you the best of luck.

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