J Craig Fong’s Answers

J Craig Fong

Pasadena Immigration Attorney.

Contributor Level 6
  1. F-1 Student Visa Denial

    Answered almost 2 years ago.

    1. J Craig Fong
    2. Robert West
    3. Jennifer Suet Fong Lim
    4. Alexander M. Ivakhnenko
    4 lawyer answers

    If you have EVER, ANYWHERE in the world been arrested for a crime -- whether convicted or not -- it can be a problem for you to obtain a visa to the USA. It does NOT matter that YOU think it was minor. It does NOT matter that you were a juvenile. It does NOT matter that you may only been "cautioned." It does NOT matter that you may have been tried and acquitted. An arrest -- to say nothing of a conviction -- is going to make things difficult. I note that you do not provide any detail...

    Selected as best answer

  2. I would like to know what forms I need to file for my wife. I am a US Citizen. We have been married for 10 years.

    Answered almost 2 years ago.

    1. J Craig Fong
    2. Otis Carl Landerholm
    3. Kyndra L. Mulder
    4. Karen-Lee Pollak
    5. David N Shomloo
    5 lawyer answers

    Broadly speaking, A US citizen married to a foreigner has the right to petition to allow that foreigner to permanently reside in the USA. The I-130 Family Petition can be done OUTside the USA, if the US citizen lives abroad; otherwise, it must be done INside the USA, in the region where the US citizen lives. After the I-130 is approved, the foreigner may have the option to process for the legal permanent resident (LPR) status (the so-called “green” card) in the USA; this is called...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can I apply for Deferred Action for Childhood Arrivals even if I already have "An Adjustment of Status Pending"?

    Answered almost 2 years ago.

    1. Carl Michael Shusterman
    2. Gintare Grigaite
    3. J Craig Fong
    4. Aggie Rachel Hoffman
    5. Sanjay Augustine Paul
    6. ···
    7 lawyer answers

    There are a couple of issues here. First, you may qualify for Deferred Action for Childhood Arrivals (DACA), and if you do qualify, it might not be a bad idea to get it. This would provide you with an Employment Authorization Document (EAD) for a few years. Although it is not clear exactly WHEN you would qualify for the green card through your father's petition, you would at least have the EAD so that you can work while you wait. However, the other difficulty looming is: when your...

    3 lawyers agreed with this answer

  4. Newest Guidelines are out for Deferred Action, I am a little confused and I'd like t know if I still qualify?

    Answered almost 2 years ago.

    1. Giacomo Jacques Behar
    2. Sherry Chalor Cross
    3. J Craig Fong
    4. Michael Aaron Neufeld
    4 lawyer answers

    First, Arrests and convictions are always a problem with immigration. I always tell people: If you have EVER, ANYWHERE in the world been arrested for a crime -- whether convicted or not -- it can be a problem for you to obtain an immigration benefit in the USA. It does NOT matter that YOU think it was minor. It does NOT matter that you were a juvenile. It does NOT matter that you may only been "cautioned." It does NOT matter that you may have been tried and acquitted. An arrest -- to say...

    3 lawyers agreed with this answer

  5. Im marrying a lady from out of this country. the process to bring here here to usa will take a while when can i put her on tax

    Answered almost 2 years ago.

    1. Judy A. Goldstein
    2. J Craig Fong
    3. Karen-Lee Pollak
    4. Robert Jan Suhajda
    4 lawyer answers

    If you are married and have children, you can include these qualified dependents on your Individual Tax Return. From an immigration standpoint, you cannot petition for your spouse and children or step children until you have been married. After you are married, if they are not yet in the USA, or if they are not yet Legal Permanent Residents, you should contact an accountant or other tax professional, because there are certain requirements to obtain Taxpayer Identification Numbers for...

    4 lawyers agreed with this answer

  6. Is it possible for my husband to get a US B2 visa.I just applied for a K3 Spouse visa for him.

    Answered almost 2 years ago.

    1. J Craig Fong
    2. Alexander M. Ivakhnenko
    3. F. J. Capriotti III
    3 lawyer answers

    Mr. Ivakhnenko's answer is right. I would add the following: you said that you cannot cope being alone. I certainly can relate to your feeling. However, if you let your feelings run away with your reason, and if your husband makes representations about his immigrant intent when he applies for his B-2 visitor visa, and if he is found to have lied or stretched the truth, YOU ARE GOING TO BE ALONE FOR A LOT LONGER than the few months it will take to process the K-3. I know that this is...

    Selected as best answer

  7. Is it possible to adjust F-1 visa to Asylum after 365 days of enterance?

    Answered almost 2 years ago.

    1. J Craig Fong
    2. Alexander M. Ivakhnenko
    3. F. J. Capriotti III
    3 lawyer answers

    The key here is to have a competent immigration attorney do an analysis to see whether you can calculate the 365 days starting with the date of your friends conversion. As noted by one of the other attorneys, a significant change in YOUR FRIEND'S circumstances or the COUNTRY'S conditions might allow a calculation of the 365 days from a different starting point. It does not pay to dither around with this one; the clock is ticking. You should chat with a competent immigration attorney.

    Selected as best answer

  8. My Fiance was just arrested for an FTA on a minor traffic violation here in Los Angeles and has an immigration hold from INS.

    Answered almost 2 years ago.

    1. Carl Michael Shusterman
    2. J Craig Fong
    3. Jose Antonio Moreno
    3 lawyer answers

    You're going to need someone local -- in a hurry -- to get this taken care of. Be sure that you work with a competent immigration attorney.

    2 lawyers agreed with this answer

  9. I will like to know aproximately is the lawyer fees for the application of th Newly Proposed Unlawful Presence Provisional Waive

    Answered almost 2 years ago.

    1. Giacomo Jacques Behar
    2. J Charles Ferrari
    3. J Craig Fong
    4. F. J. Capriotti III
    4 lawyer answers

    The Provisional Waiver is something of an open question right now. Until we lawyers know exactly what the government requirements are, it's hard for any of us to answer you. Also, a waiver is not -- never has been -- a cookie-cutter. Each case is so vastly different from all the others, I cannot imagine any competent attorney providing a one-size-fits-all price. Certainly, no good attorney would quote a price for a waiver without first talking to you about your situation. I am going to...

    2 lawyers agreed with this answer

  10. Got a mail , initial interview , online status : testing interview

    Answered almost 2 years ago.

    1. J Charles Ferrari
    2. Giacomo Jacques Behar
    3. J Craig Fong
    3 lawyer answers

    You question is very unclear. If you are EB-3 and they are asking you to go for an interview, I suggest you see an attorney. If your English is limited, you should bring a competent translator with you to your interview.

    2 lawyers agreed with this answer