J Craig Fong’s Answers

J Craig Fong

Pasadena Immigration Attorney.

Contributor Level 6
  1. If my case for L1A is approved and 100% true to set up new office , what might be the reasons that a US consular not approve it

    Answered about 2 years ago.

    1. J Charles Ferrari
    2. J Craig Fong
    3. Rebecca T White
    3 lawyer answers

    Even when you have an approved PETITION, you must remember that the visa-issuing post (embassy or consulate) is looking at TWO things. The VISA and the APPLICANT. They will look to see that the basic qualifications for the visa have been met. USUALLY, the embassy will be ok with the USCIS decision. Not always, but usually. The SECOND thing is YOU. When they are looking at you, they are not looking at the company, not looking at the transfer. They are evaluating YOUR past visits to...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. Do I qualify for deferred action?

    Answered about 2 years ago.

    1. Sherry Chalor Cross
    2. J Craig Fong
    3. Francis John Cowhig
    4. Sanjay Augustine Paul
    4 lawyer answers

    I am going to assume for the moment that your opinion of your eligibility for Deferred Action for Childhood Arrivals (DACA) is correct -- that you are eligible for the DACA benefit, except for the question about the marijuana-related conviction. First, I will repeat what I have written here on AVVO and with other web sites: 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....

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. Change of status from F2 to H4, Can my wife stay in US while application is under process

    Answered about 2 years ago.

    1. Gen Kimura
    2. J Craig Fong
    3. Giacomo Jacques Behar
    3 lawyer answers

    Technically, USCIS would not approve your spouse's H-4 UNTIL your H-1 is approved. This is because your spouse is not QUALIFIED for the H-4 UNTIL your H-1 is approved.

    3 lawyers agreed with this answer

  4. On form I-765 are they asking for only real SSN numbers assigned to the applicant by the social security administration?

    Answered about 2 years ago.

    1. Ronald Jeffrey Tasoff
    2. Marilynn Mika Spencer
    3. J Craig Fong
    3 lawyer answers

    Ron Tasoff's answer is excellent.

    1 lawyer agreed with this answer

  5. Hi!I am a J-1 Visa student.I got caught stealing at a store.Will i have trouble applying for another Visa?

    Answered about 2 years ago.

    1. J Craig Fong
    2. F. J. Capriotti III
    3. Luis Alberto Guerra
    3 lawyer answers

    I agree with my colleagues, but I have ONE CONCERN. You need to be quite sure that there was no arrest or police involvement here. If there is ANY chance that the police were notified, you could have potential problems. This is especially true because US immigration not only asks "did you ever get arrested," but they also "have you ever committed a crime for which you have not been arrested?" Unless you are going to lie, it sounds like you may need to answer this question in the...

    1 lawyer agreed with this answer

  6. Denied entry to the US due to overstay.

    Answered about 2 years ago.

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

    Assuming that your I-94 shows that you are d/s (duration of status), the issue for you is LESS one of "overstaying" than of having stopped school. When you stopped attending, you went "out of status." You can apply for a new visa; however, the US Embassy is going to ask you "You said you were going to go to school, and you quit. And you did not leave. Why should we trust you again?" It is the answer to THIS question that will be the big challenge for you. I do recommend seeing an...

    1 lawyer agreed with this answer

  7. Is it possible for USCIS to reconsider the case once again after BIA dismisses the I-130 appeal and the file is transferred ?

    Answered about 2 years ago.

    1. Carl Michael Shusterman
    2. Robert West
    3. J Craig Fong
    3 lawyer answers

    The filing date is the key. The adoptive relationship between the Petitioner and Beneficiary must be in place and legal on the date of the I-130 filing. If all of the qualifications were not completed as of the date of the I-130 filing, you're going to have to file again when those qualifications and custody dates are all squared away.

    1 lawyer agreed with this answer

  8. Do I really need a lawyer? I got married to a USC 2 months ago and am currently filling out immigration forms. My question is :

    Answered about 2 years ago.

    1. Rasha Ghazwan Lutfi
    2. J Craig Fong
    3. Eric Edward Rothstein
    4. Gen Kimura
    4 lawyer answers

    A "straight-forward" should not present many difficulties, if you wish to file it on your own. However, the number of times I have had a client tell me that s/he had a "straight-forward" case, and in fact the case is much more complicated, are legion. With so-called "straight-forward" cases, I usually tell people it's a bit like doing your taxes. If you speak, read, and write English well, and if you can follow instructions carefully, then doing the marriage-based adjustment of status...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Approved 1-130 as of Sept 2012 and eligible for the new Deferred Action for Childhood Arrivals

    Answered about 2 years ago.

    1. J Craig Fong
    2. Kevin Michael Crabtree
    3. J Charles Ferrari
    3 lawyer answers

    I am not sure WHY you would want to apply for both, *if* you are CURRENTLY eligible to adjust status through the I-130 of a US citizen spouse or other relative. If you are not currently eligible to adjust status, you should chat with a competent immigration attorney to determine the best course of action for you.

    1 person marked this answer as helpful

  10. Do i have to be married ? or not?

    Answered about 2 years ago.

    1. Tammi L Faulks
    2. J Craig Fong
    2 lawyer answers

    "Invitation letters" are always a problem, especially for touristic visitors. Many Americans think that if they just write a letter to invite a friend or family member to visit, the US Consulate will issue a B-2 visitor visa. It's rarely that easy. The consulate looks not only at the letter but also at the foreigner. They ask themselves, "do we think this person will return to the USA after the visit is finished." When the consulate looks at the foreigner, they are looking at his job,...

    1 person marked this answer as helpful