Leslie E Dahan’s Answers

Leslie E Dahan

Phoenix Immigration Attorney.

Contributor Level 10
  1. Brazilian (F1) student during OPT wants to get married with brazilian fiance in Brazil.

    Answered almost 5 years ago.

    1. Leslie E Dahan
    1 lawyer answer

    Hello, You can get married either in the U.S. or abroad. If you travel outside the U.S. to get married, your spouse would need to apply for an F-2 visa to return to the U.S. with you. Its also possible for her to get a B1/B2 visitor visa to visit you and get married in the U.S. Then, she could apply to change her status from B-2 to F-2 in the U.S. The first option is cleaner. I hope this information is helpful. Leslie Dahan

    2 people marked this answer as helpful

  2. Can I get marry on B1/B2 with US citizen

    Answered almost 5 years ago.

    1. Leslie E Dahan
    1 lawyer answer

    You really should secure an immigration attorney to consult with you in depth on these questions, particularly the criminal issue. In addition, it is important that you have your J-1 assessed to be sure that you are not subject to the two year home residence requirement and, if so, whether you have completed the home residency obligations. This is essential because, if you were subject and have not fulfilled it (or have not obtained a waiver), then you cannot get permanent residence. As far...

    2 people marked this answer as helpful

  3. Prenuptial agreement - green card appplication.

    Answered almost 5 years ago.

    1. Leslie E Dahan
    1 lawyer answer

    I am assuming that your girlfriend is a U.S. citizen for this response. The prenuptual agreement is not a problem, but, in a marriage case, you spouse must file an affidavit of support on your behalf. That means that she will be legally responsible for financial support for you in the event that you cannot support yourself. Separation of assets can make it more difficult to prove the bona fides of the marriage, so you want to be sure that the immigration attorney on your case compiles...

    2 people marked this answer as helpful

  4. Filed the Divorce when I485 is pending. Do i need to update INS regarding the spouse to be removed as im the applicant?

    Answered almost 5 years ago.

    1. Leslie E Dahan
    1 lawyer answer

    If you had a lawyer assist you with your I485 case, you'll need to let your lawyer know of the divorce. So long as you are married, your spouse is eligible for permanent residence as your dependent. Once you divorce, though, this eligibility is lost. Its important that your wife obtain legal counsel on this matter. You are not required to notify the USCIS of the divorce, but you are permitted. There is no form. A divorce would have no impact on your own case. I hope this...

    1 person marked this answer as helpful

  5. My company wants to file Green card for me ..Are the number of employees a concern for immigration process?

    Answered almost 5 years ago.

    1. Leslie E Dahan
    1 lawyer answer

    Hello, If the basis of your sponsorship is a multinational executive, then the number of employees reporting to you is an element of the case, but is certainly not determinative. People who don't have any reports can still qualify for permanent residence as a multinational manager or executive. The question of reports is just one of many factors that are looked at by a good immigration lawyer when assessing a potential EB-1 case.

    1 person marked this answer as helpful

  6. My husband's I-485 denied due to travel outside of US on current H1B visa - please help!!! Thank you for your advice.

    Answered almost 5 years ago.

    1. Leslie E Dahan
    1 lawyer answer

    This certainly sounds like USCIS error. It is possible that the case could be corrected via telephone calls to the USCIS, but a motion would be needed if that couldn't get done. This is a high stakes matter and so you should retain an immigration attorney to assist you. Please feel free to contact me should you need assistance.

    4 people marked this answer as helpful

  7. Can I take Promotion On H1B visa

    Answered almost 5 years ago.

    1. Leslie E Dahan
    1 lawyer answer

    I would say that his is not a material change in the H-1B context. The focus of the H-1B is that the job is a specialty occupation and requires at least a Bachelor's degree in a specific field(s). If the details of the occupation and the required degree have not changed, then there would be no impact on the H-1B. (If there was a material change, it doesn't mean that you can't take a promotion, it just means that an amended H-1B petition would need to be filed.) If the promotion means a...

  8. I have seen several different answers to the question I'm divorced my wife has a L2 visa how long can she stay.

    Answered almost 5 years ago.

    1. Leslie E Dahan
    1 lawyer answer

    An L-2 may only lawfully be in the country if s/he is married to an L-1. (Assuming the L-2 cannot change to any other lawful status.) Once the couple divorce, the L-2 is out of status; there is no question about this. However, the ramifications of this period of being out of status are not really significant. The ramifications of a person becoming an 'overstay" - staying in the U.S. beyond the I-94 expiration date can be extreme. Once a person overstays, their visa is deemed cancelled...

  9. I moved my pending immigration case to a different service center because I moved. Do have to wait longer?

    Answered almost 5 years ago.

    1. Leslie E Dahan
    1 lawyer answer

    Generally, the receiving Service Center will slot your case in the queue according to the original (other service center's) receipt date. You can lose some time in the administrative shuffle of going between Service Centers. You need to keep an eye on your case processing, through, to make sure it didn't fall through the cracks. See what the receiving Service Center's processing time is (you can find this at https://egov.uscis.gov/cris/processTimesDisplay.do) and make sure your case hasn't...

  10. I left U.S with an expired Advance Parole, and will return U.S using a new H1B. What will happen to my proved I-140 and I-485 pe

    Answered almost 5 years ago.

    1. Leslie E Dahan
    1 lawyer answer

    Yes, I think that you do need to refile your I-485 (which can only be done if your priority date is current). The regulations concerning permissible travel w/o Advance Parole for individuals in H or L visa status require that the traveler be in valid H/L status at the time of departure from the U.S. Since you left your H-1B employer and were working for a new employer, you were no longer maintaining valid H-1B status.

    3 people marked this answer as helpful