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J Craig Fong

J Fong’s Answers

38 total

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

    My fiance is thai. She has been in USA for about 4 years, Her visa was only good for 6 months and she overstayed and continued working under the table. We have been engaged a few months now and were planning to start the process of marriage with a...

    J’s Answer

    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.

    See question 
  • L1B Individual Rejection Reasons.

    I have got my L1B Individual petition approved from USCIS. I have my interview scheduled next week. I know that consulate can disagree with USCIS decision. 1. Can consulate reject my visa saying "Specialized skill not sufficient" ? 2. What are t...

    J’s Answer

    A rejection at the Consulate is always possible, and there are many reasons available, including the consular officer's questions about your skills, about the company, or even about you yourself. If the Consulate feels the actual petition should not have been granted, the Consulate will deny your application and then return the petition to the USCIS for revocation.

    Your company's immigration attorney should be able to guide you further.

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  • Whats next after the waiver appt?

    I had my waiver appt in june 21st. They said I will recieve something in a couple weeks. Im an immigrant so I have to stay here in mexico. How long do I have to exactly wait for something? And after I recieve my package do I have to schedule anot...

    J’s Answer

    There is no way to fast-track this. You must have patience.

    "Better to wait a little while for the right answer than to get the wrong answer in a hurry."

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  • Can I withdraw my sponsorship of marriage based green card if removal of conditional status is pending?

    I married a non-US citizen three years ago. We waited a year to file for adjustment of status and it was approved. We have now filed for conditional status to be removed and it is pending. However, the marriage is ending. It was based on good fai...

    J’s Answer

    The fact that the marriage is not working out is NOT generally a reason to alter your contract with the US government -- the Affidavit of Support is an agreement between you (the sponsor) and the US government. Obligations under the I-864 continue until the alien has worked for 40 quarters under the US social security rubric, or until the alien becomes a US citizen, whichever occurs first.

    If you are concerned about your obligations under the Affidavit of Support, talk to a competent immigration attorney.

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  • Immigration Inquiry!

    Can we use advance parole document with an expired visa?

    J’s Answer

    Without more information, it would dangerous for any of us to answer this question. You do not mention WHAT KIND of visa you had/have, and most importantly, you do not tell us whether you have ever at any time accrued unlawful presence in the USA. This information is critical.

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

    CAN I APPLY FOR BOTH APPLICATIONS ALTHOUGH I AM ALSO APPLYING THROUGH MY HUSBAND WHO IS A NATURAL BORN CITIZEN.WILL THIS NEW PROCESS HELP ME NOT LEAVE THE COUNTRY TO ADJUST STATUS?

    J’s Answer

    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.

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  • Name mismatch in Passport and US H1B Petition - Help Needed

    Hi, H1B Visa petition has been initiated for me and the present USCIS H1B status is “Initial Review". Well, I have a problem in having order of my name in passport when it compared to petition name. Petition name present in Work permit for...

    J’s Answer

    For security reasons, a name mismatch is a big deal. If the attorney who filed the H-1b got the name wrong, s/he should contact immigration, explain the error, and get it fixed.

    If the name in the passport is wrong, then you will need to contact your home government to get the name fixed; the passport is an official document of the home country.

    I realize that in some countries, people are born with one name, and at a certain age, they get another name, or a "call out" name, or a "good" name, or a "courtesy" name. Because the USA is so picky about identity verification, I suggest you contact your home government to get them to ADD your "call out name" to the "Amendments and Comments" page of your passport. I also suggest you contact the H-1b attorney.

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  • Name mismatch in Passport and US H1B Petition - Help Needed

    Hi, H1B Visa petition has been initiated for me and the present USCIS H1B status is “Initial Review". Well, I have a problem i

    J’s Answer

    For security reasons, a name mismatch is a big deal. If the attorney who filed the H-1b got the name wrong, s/he should contact immigration, explain the error, and get it fixed.

    If the name in the passport is wrong, then you will need to contact your home government to get the name fixed; the passport is an official document of the home country.

    See question 
  • 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

    In port of entry last month I get deny to enter USA with b1 b2 visa as I state that I establish a company and I come to hire employee , now I'm applying for L1A visa but I'm worry to get deny or not approved because of this reason .

    J’s Answer

    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 the USA, YOUR criminal record if any), YOUR security clearance, YOUR ties to your home country, YOUR immigrant intent (or lack thereof), YOUR eligibility for a visa.

    So, even if the Visa is ok, the Embassy might have a problem with YOU.

    Talk with the attorney who handled the L-1 to discuss these issues.

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  • My birth cert states my mother's birthplace as Japan. Her birth cert states the Philippines. Is this going to be a problem?

    Naturalized US citizen, wants to petition mother from the Philippines.

    J’s Answer

    First, you need to get the FACTS.

    In the case of SOME Japanese family registries, the subject is REGISTERED at the family "home" -- let's say Tokyo, for argument's sake -- even though the subject actually, physically came into the world somewhere else. This is a unique issue for Japan and some other countries that record births in the family register.

    Certainly, the AmEmb-Tokyo and other USConGens in Japan know this, but if your mother is going to be processed in the Philippines, they may not know it there. You should sort this out with an attorney to be sure that your mother does not make a misrepresentation or use a false document.

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