Skip to main content
Myron Russell Morales
Avvo
Pro

Myron Morales’s Answers

1,403 total


  • Will my i485 getting denied cause my work authorization to be denied as well?

    I submitted my i130 and i485 documents to get residence status along with the i765 for work authorization. I noticed that my j1 said i was subject to the two rule and through miscommunication my lawyer said it wasn't a big deal. My interview came ...

    Myron’s Answer

    You need a J-1 waiver before you can resubmit an i-485. You should start by contacting your country's embassy in the U.S. and request their "no objection" requirements.

    See question 
  • H1b Visa Transfer without pay stubs

    I have 2 questions: 1. I am H1B visa holder, my employer's office is in NJ. I work at client location in NY trough a vendor. I want to transfer my VISA to another employer/sponsor but my employer is not giving me my pay stubs which a...

    Myron’s Answer

    It is possible to do a change of employer without pay check stubs. As you stated, you can use the bank statements, but also use your form W-2. The DOL complaint will not negatively affect your immigration application as that is a right that all workers are free to pursue. You should consult with an attorney about the places where you will work to see if it will raise "right to control" issues.

    See question 
  • My I-130/CR-1 IV interview has been scheduled. Can I make a short trip to the US on my B1/B2 visa before the interview date?

    My I-130/CR-1 IV interview has been scheduled for December 15, 2015. But I need to make a short (1-week) visit to the US in the last week of November 2015. Can I still use my B1/B2 visit visa for that? Of course, I intend to return before my inter...

    Myron’s Answer

    You can travel, but you must be prepared to demonstrate why this is a temporary visit as you have already showed immigrant intent by filing the I-130. You will need to be able to show that you will return to Consular Process and that your immigrant intent is a future intent. It helps to have a round trip ticket and sometimes I send my clients with a port of entry letter to explain their intent at this particular entry.

    See question 
  • How can an F2 dependent change status from non-immigrant to immigrant? Any advise

    Any advise whether thru investment or h1b?

    Myron’s Answer

    It depends upon how you might qualify. Investment in the immigration context would require a minimum investment of $500,000. An H-1B is a nonimmigrant status, but can lead to permanent residence. Most H-1B holders go through a labor certification process.

    See question 
  • Can my green card be denied if my spouse is in Jail?

    I came to the states legally and I got married about a year ago and my Husband and I sent off immigration papers. Now My Husband is in Jail and I have been asked to attend an immigration interview. I have full access to his money and he recieves V...

    Myron’s Answer

    You should consider asking for the interview to be rescheduled if he will be getting out soon. You also need to get a letter from your father-in-law stating that you live in his home, that your marriage is valid, and whether you contribute to the payment of the bills.

    See question 
  • Effect of E2 dependants Travel before Applying (60 days requirement of stay in US)

    My Family came in USA on visit visa 1 month ago. Now I want to apply for change of status by E2 visa after completing 60 days as main applicant. Can my spouse visit home country for 1 month and then will join us again. In the meanwhile I will sta...

    Myron’s Answer

    The initial E-2 application is made at a U.S. Consulate abroad. If you overstay your visitor's visa, you may have difficulty having the E-2 issued. You really need to consult with an attorney before you file any application.

    See question 
  • I am on L1A with Manager capacity, my current company is not processing GC, can any other company initiate my GC under EB1C?

    I am on L1A with Manager capacity from India, my current company is not processing GC, can any other company initiate my GC under EB1C? How much time it will take to process ? I travelled to US one year back, I am ready to invest in EB1C categ...

    Myron’s Answer

    If you are on an L-1A, the only way that another company could sponsor you for permanent residence is through a labor certification petition. You might also have to Consular Process once you get the labor certification approved. If you want to invest, you may want to look into the EB-5 category. You should consult with an attorney before filing any application.

    See question 
  • I recieved a notice of intent to deny for my citizenship. What are my options and should I hire an attorney?

    I recieved my green card in 2011 based on marriage and removed conditions on my green card in 2014. After the removal of condition I filed for citizenship. The interview happened and my case went for supervisor review because I had a retail theft ...

    Myron’s Answer

    It would be a good idea to schedule a consultation with an attorney to have them review the NOID. Then they could advise you as to the issues involved and whether counsel could assist you.

    See question 
  • Need help with immigration

    My green card expired 2 months ago, do I need a lawyer to renew it

    Myron’s Answer

    If you had a two-year card, then you need to file a late petition to lift conditions. If it was a ten year card, then you can file an application to renew. Factors that may necessitate hiring an attorney could be an arrest, criminal charges, convictions, divorce, etc.

    See question 
  • I'm a current F1 international student undergrad who wants to go to Law School and get into Immigration Law?

    How would I be able to practice law in the US? Would someone be sponsoring me for a work visa? What if I work for myself? Is there any way I could obtain a green card in an easier way for performing a legal job in the US? Do I increase my chances ...

    Myron’s Answer

    Once you graduate and pass the bar, you would need to have an employer sponsor you for a work authorized status. If you wanted to work on your own, then you would need to make a substantial investment in a business in the United States.

    See question