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J Charles Ferrari

J Ferrari’s Legal Guides

10 total

  • What Is the Process of Getting the "Green Card" For Your Employee?

    In order for an employer to get the "Green Card" for one of its employees, the law requires that the employer establish that it cannot find US workers to fill the position and that the position be a full-time position. The process begins with the advertisement of the position. Al...

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  • Prevailing Wage Requirements in Employment Based Immigration Matters

    Who is required to pay the prevailingwage? Employers who are petitioning to get green cards for foreign workers are required to pay at least the prevailing wage for the position, if the petition requires an employer and the filing of the Department of Labors Form ETA 9089. This ...

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  • Same Sex Marriage & Immigration

    As our LGBT clients and friends are aware, President Obama has announced that his administration will no longer defend the mis-named "Defense of Marriage Act" (DOMA). This announcement does not invalidate or repeal DOMA. It only means that, in court challenges, the Department of...

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  • Stranded in the US

    As the recent earthquake and tsunami in Japan illustrate, there are times when natural events or other circumstances outside a person's control prevent that person from timely leaving the US. Flights can be cancelled or an accident can land the person in the hospital. When this h...

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  • Same Sex Marriage & Immigration

    Although President Obama's administration will no longer defend the mis-named "Defense of Marriage Act" (DOMA) in court, the DOMA is still the law. This means that USCIS will almost certainly continue to apply it to petitions filed by same-sex married couples. We now have news (...

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  • 245(i): Getting the Green Card In the US Despite Being Out of Status

    People who are in the US and have either fallen out of status or entered illegally generally cannot get the green card in the US. The only exceptions are: Marriage to a US Citizen, if they entered the US legally and have since fallen out of status, or Qualify for 245(i). In or...

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  • I have been arrested, how should I answer question x on form Y?

    This question comes up far too frequently in various forms on Avvo. It can be a question regarding an arrest or a conviction. If the question does not exclude the arrest/conviction, then it must be disclosed. If there is any doubt that the arrest/conviction is excluded, one shoul...

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  • How to Post on Avvo

    Avvo is an avenue to obtain short, general answers to legal questions. It is not an avenue to obtain case specific information. You will get better responses if you follow the following guidelines.

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  • Dream Act

    There is a lot of talk in the news about the so-called Dream Act. Although various "Dream-Act" bills have been introduced in the US Congress, none have passed. As such, there is currently no "Dream Act." Because there is no "Dream Act," it is not possible for anyone to state what...

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  • Deferred Action for Childhood Arrivals (Obama's DREAMER Action)

    After the first two days of Deferred Action for Childhood Arrivals (DACA), the questions being asked on Avvo and on the phone with my office indicate that people are rushing to file without really knowing what they are filing for. DACA has serious risks which no one seems to be considering.

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