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J Charles Ferrari

J Ferrari’s Answers

41,221 total


  • L1 to H1B - Does COS get abandoned because of my Japan visiting while COS was pending?

    I am on L1 with company A. In 2013 B company File my H1 and COS , but in aug/2013 I had to go to japan and come back to US on L1 while COS was pending. When I came to US I got my H1 RFE related to “education evaluation” and I heard my COS get aban...

    J’s Answer

    1. Yes
    2. Unknown
    3. Possibly
    4. Unknown.

    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.

    See question 
  • Once waiver is approved does my husband have to go back to Ecuador?!

    I am a us citizen my husband is from ecuador we have to small boys i have a seizure disorder and take medication.we are going to apply for the waiver but once it is approved does he have to go back to ecuador? If yes for how long? Is there anyway ...

    J’s Answer

    If you are referring to the provisional waiver, then the answer is yes.

    The Court of Appeals for the Eigth Circuit has stated that "immigration laws and precedents are complex."

    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.

    See question 
  • Domestic flight in US

    Can you fly domestic in the US with a mexican passport with no visa?

    J’s Answer

    Not without substantial risk.

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  • Hi, I am currently an international student and holding F-1 visa. I have a on-campus job. I got married with an American citizen

    I got married with an American citizen last month and plan to file our I-130, I-485 and I-765 out in the end of September. My question is Is there any way I can keep my school job while waiting for my EAD and green card? If not, will I be able to...

    J’s Answer

    Ask your DSO.

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  • Have green card can i apply for husband who lived here 4 years,now in mexico for the last 4 years will a waiver work for us?

    he apply before with me trough a sister this year in march,he was not approved i was and our son he was told that due the 212(a)(9)(C) he lived here in 2001-2004 then left attempt to enter in Feb 2009 was caught AT THE BORDER and send back never...

    J’s Answer

    One would need to review the whole case to determine what, if anything, can be done.

    The Court of Appeals for the Eigth Circuit has stated that "immigration laws and precedents are complex."

    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 
  • How can I obtain relief after being stripped of my U. S. citizenship through no fault of mine?

    What's being missed here is that post ex facto enforcement of new laws are not allowed in the US -- especially without due process. Department of State prior communication states that the law had changed at some point between 1947 and 1957. I ha...

    J’s Answer

    Whether relief can be obtained cannot be determined from your posting. It depends on when you lost citizenship and why.

    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.

    See question 
  • My wife is in Mexico since 2008, her waiver was denied in 20011. We appealed and have not had an answer. What can we do?

    My wife's appointment was in 2008 and then she had the waiver appointment after 10 months. Then her waiver was denied in 20011, we changed lawyers and our second lawyer filed an appeal and we still haven't received an answer and my wife is still o...

    J’s Answer

    Ask your lawyer.

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  • I'm an F1 student, me n my bf are getting marriage license in Nov, how long is the process taking before I can travel back home?

    How long is the process of getting Green Card are taking before I can travel back home?

    J’s Answer

    Depends on your boyfriend's status, and how quickly you file.

    The Court of Appeals for the Fifth Circuit has stated that "federal immigration laws are exceedingly complex"

    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 
  • Had h1b visa from Jan 05. Was revoked in Oct 08 since I left usa. Can I file new cap-exempt h1b and recapture unused time (2.5yr

    Timeline: 2005 -> new h-1b filed. started working. 2008 -> h-1b revoked because left the job to relocate out of the country. I am still out of country except for a brief 2 month visit. Now in 2013 -> planning to apply. Can I recapture aroun...

    J’s Answer

    Possibly.

    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.

    See question 
  • Can E3-D Visa holders start a business in the United States?

    I am currently on an E3-D Visa, with my husband being the primary E3 Visa holder. We have only been here for a few months and I am still in the process of getting my EAD. I would like to start a business (more specifically, a Bar) maybe within the...

    J’s Answer

    Establish a business? Yes.
    Work for the business? Only if you have first obtained an EAD.

    The Court of Appeals for the Fifth Circuit has stated that "federal immigration laws are exceedingly complex"

    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