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J Charles Ferrari

J Ferrari’s Answers

41,221 total


  • Hello Experts, Does anyone know why there is a 365 day restriction associated with AC21a as it relates to when LC is filed?

    is there not grounds for discrimination appeals as it relates to other other immigration applications where status is held until decision is made on application?

    J’s Answer

    No, it is not actionable discrimination. Congress gets to decide how it wants immigration laws to be.

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  • Can I apply for Green Card if I am married to a US citizen but live four hours apart due to work?

    I currently work in a remote location four hours away from my wife under H1B. We decided to wait for the Green Card application until we have a chance to be together but the cars, leases, the wedding, the furniture and all those expenses have made...

    J’s Answer

    Yes, but not living together is will be an issue to be overcome.

    The Court of Appeals for the Third Circuit has stated that "Many courts have recognized that 'our immigration statutory framework is notoriously complex'" and that it is "ever changing"

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

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  • Hello Experts, Does anyone know why there is a 365 day restriction with AC21a ias it relates to when LC is filed for H1B

    There seems to be no other such restriction on other application to change status.

    J’s Answer

    Because that is what Congress decided.

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  • I want to enter in USA on L1 visa, in how much i can apply for green card?

    Present i am in India,i want to go to virginia.

    J’s Answer

    Depends on your employer and whether you are L-1A or L-1B.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

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  • Should I submit the N-336 or reapply?

    My husband and me previously resided in the State of Florida for the last four years, and then moved to the State of Virginia in May, 2013. I have filed my application for naturalization in June, 2013 and USCIS denied it since I resided in the Sta...

    J’s Answer

    Reapply.

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  • Could I come back to the usa if I got the 10 year band because I'm married to a u.s guy he born an. Grew up in the u.s

    I came back home because my mom was so sick I didn't know I could get a 10 year band for staying in the usa .I'm married just one year now I leave to come home to my country to see my mom .now I'm here away from my husband we miss each other pleas...

    J’s Answer

    Depends on facts not in your posting, but it will not be possible without any waivers.

    The Court of Appeals for the Ninth Circuit has stated that immigration laws are "incredibly complex" in nature.

    You need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

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  • Why are people's names always spelled in upper case on almost every legal document or identification? Such as birth certificate

    Why are people's names always spelled in upper case on almost every legal document or identification? Such as birth certificate, social security card, marriage certificate, driver's license, etc.? Is this required by law? At what point did this be...

    J’s Answer

    Common practice and one that makes it harder to read.

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  • Received notice on i-797C ,notice of action on i-130. What does it mean?

    My wife has applied for i 130 about two mnths ago .now we have received a notice saying that USCIS have transfered your case to nebraska service centre ,lincoln, NE office bz record indicates that office has jurisdiction over the case.the office w...

    J’s Answer

    It means exactly that, that the file has been transferred, and nothing more.

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  • F1 out of status to H4 help

    My fiancee is on F1 visa since Jan 2009. She find out she is out of status for past 9 months and so now she is going to leave US. She has worked unauthorized during her stay using her SSN. I wanted to know what is best possible option for her...

    J’s Answer

    Her unauthorized employment will be a major issue regardless of what visa she applies for.

    The Court of Appeals for the Third Circuit has stated that "Many courts have recognized that 'our immigration statutory framework is notoriously complex'" and that it is "ever changing"

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    See question 
  • Immigration reforms... Any hope?

    I have been in usa since 7 yrs and have a friend who has been in usa for 10yrs. While chatting we both figured out that the government has been talking about immigration since 10 yrs but nothing is being done? Would like to know what lawyers think...

    J’s Answer

    It is all up to congress.

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