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Peter Lunt Ashman

Peter Ashman’s Answers

115 total


  • E2. Tax return papers

    Hello! I am looking to buy a business and getting E2 visa. I founded one small business which I like. In P&L papers they showing income! but in Tax return it is negative income. Cost of the business is 99000$ and it is most cash business. ...

    Peter’s Answer

    Obviously it would be an issue. You should at least go over your plan with an experienced immigration lawyer.

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  • E2 visa fee. I understand all E2 visa cases is different, but to get an idea how much attorney's fee can be?

    Can I get most common numbers for attorney fee for E2 visa? Treaty country, investment around 150-200000$, proof of funds, so pretty regular case.

    Peter’s Answer

    I think most attorneys don't like to publicize their fees in part because every case is different as is every consulate. I know attorneys that do E visas for as low as $2500 or as much as $7,500, maybe more. They are complex cases and generally done by the attorney rather than a paralegal, which increases costs. But my advice is not to shop based on fee, go with experience and reputation. Good luck.

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  • Tourist arrested on vacation in Nevada. Visa question.

    Can you please advise the best course of action for the following scenario? Tourist Arrested in Las Vegas in 2013 for possession of a controlled substance. Plead was guilty and charge downgraded to misdeameanour after completion of course and f...

    Peter’s Answer

    • Selected as best answer

    It's true that under Nevada law you are allowed to answer that you have never been arrested if your records have been sealed But immigration law is federal and they could care less about Nevada law. Some lawyers may tell you that if you have deleted these records from the federal crime database then immigration wouldn't know. But I think that is risky.

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  • How to prove one the EB-3 evidence requirement?

    Me and my employer are planning to apply on EB-3 category of green card process. After looking through the requirements/evidences on USCIS website, I have found that one of the bullets says: "You must be performing work for which qualified workers...

    Peter’s Answer

    This is a little like trying to do spinal surgery on your own. The answer is you have to go through the Department of Labor's labor certification process before you can proceed with the USCIS. But you need a lawyer on this. Free tips off the internet, while well intended, are no substitute for competent legal counsel in one of the most complicated processes known to humankind.

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  • I'm from England and have been in us for twenty years have seven kids and been married 14 years need green card

    I did get introble 7 years ago and pled guilty just to get out of jail as I was having a baby that week so I think I may have felony on record but they say I can seal records I need my daughter to sponsor me to get my green card so I can work asap...

    Peter’s Answer

    I agree with my colleagues. Your conviction is the key as to what you are going to be able to do. Sealing the conviction is not the answer. Time to lawyer up!

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  • My immigration attorney lied to me about my case, what should I do?

    I hired an immigration lawyer a year and a half ago (found her through your website) for my status change and was denied because my spouse couldn't make the interview because he was in Kuwait. A month before the interview date (Nov 2013) we reque...

    Peter’s Answer

    • Selected as best answer

    USCIS can and probably would reopen the case if it was denied because your husband was unavailable due to his service. it is very possible that your attorneys request to postpone the interview fell into a crack someplace. It has happened to me, but then later they reopened the case when they saw it was their error. I would start by asking the attorney for a meeting and see if you can get it worked out. If not, you have the right to have a copy of your file which you can have reviewed by someone else. Unfortunately, you can't have an EAD without an adjustment application filed. So if they reopen the case, you can immediately file for an EAD. They may be willing to expedite it given your circumstances.

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  • Please help

    My wife entered the US on a tourist visa and we filed I-485, which was denied based on misrepresentation (stating that she entered the US in order to get married and stay here for good, plus the marriage occurred with 60 days period of her entry)...

    Peter’s Answer

    Wow. Here's an example of how a simple consultation with a knowledgeable lawyer could have saved you all kinds of grief. First of all she does not need to leave and consular process. You should sit down with a lawyer and decide if you should contest the finding in court. Or refile with the waiver. Just because somebody at immigration said this was a misrepresentation doesn't mean it was. I would want to hear the facts

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  • Am I required to stay with an employer that sponsored GC for me?

    Let's say my employer sponsored me for GC on EB-3 category. Does that mean after successfully getting a Green Card with that employer I have to stay with the same employer? I know that with H-1B you have to.

    Peter’s Answer

    No, you don't. But you open up the question of good faith intent in the application process.

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  • Had an interview today @ 1pm. Was in a cab and got called 20 minutes before stating that the interview was cancelled.

    Is this allowed?

    Peter’s Answer

    I practice in Las Vegas and can tell you that cases here are not assigned to a specific officer as a general rule. Usually cases are not assigned until the client actually shows up for the interview. I have never heard of an interview being cancelled with a phone call. I have seen cases where as the interview started, USCIS a discloses that they don't have all or part of the file. But they at least do as much of the interview as they can. I think there is something else going on here and would suggest you lawyer up. Just a hunch.

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  • My I-360 is revoked due to evidence (solid) of a monetary exchange for immigration benefits

    there is a video of an exchange. (2008) Today my girlfriend is pregnant of my daughter and she will be giving birth on March. Please respond to timewise@live.com I need advise, looking to do something; I have been told that I could app...

    Peter’s Answer

    yeah, I agree with my colleagues. You probably don't want to put this kind of information on the Internet. However there is a lot of information you should know. See an attorney.

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