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Brian David Lerner

Brian Lerner’s Answers

1,105 total


  • Which Immigration visa for a Sole Proprietorship

    I want to open my own business with no so big capital and want to be able to live here in the USA which visa should I applied for a Sole Proprietorship. Thank you

    Brian’s Answer

    Hello:

    It will depend if you come from a Treaty Country. If so, you can apply for the E-2. Otherwise, there is always the EB-5.

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  • Can I come back on a H2A visa then change status, to extend my stay?

    Im a South African, working on a H2A visa. I entered in March 2013, in October I need to go back for my sisters wedding, but I want to return as soon as possible. I thought of asking a letter from my employer, stating that he is going to need ...

    Brian’s Answer

    Hello:

    You cannot come back on an H-2A with the intention to marry and apply for residency. Immigration will consider that as fraud. He should apply for the K-1 for you after you leave the U.S. Alternatively, you could marry now (for love) and apply to adjust if you qualify.

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  • Will my sister in law get deport?

    Hi. I have few questions. My sister in law came to the USA with a B2 visa but she over stayed for about 5 years. And she had 2 kids with a USA citizen, then the past 2 years her kids father has not step up help her with her status. She left hi...

    Brian’s Answer

    Hello:

    Your sister-in-law may qualify for some form of relief. You should contact an immigration attorney for a detailed consultation.

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  • Will I have trouble renewing my green card or trouble applying for naturalization for assault 4 DV charge?

    Hi. I got arrested for assault 4 - DV several months ago. I told my attorney that I am a legal permanent resident here. So he told me that entering in to a pretrial diversion agreement will be our best option. So I did. My PDA will be over in 2017...

    Brian’s Answer

    Hello:

    You may have become inadmissible and need a waiver. There is no way of knowing with the facts you gave. You should get a consultation from an immigration attorney - especially if you have not plead yet.

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  • L1-B to H4

    I came to US on L1-B visa on Jan 22, 2011. I went on vacation to my home country for 25 days in between. My I-94 is valid till April 22, 2016. As L1-B has a limit of 5 years. Need to know when should i go out of USA. Should i...

    Brian’s Answer

    Hello:

    You should not leave the U.S. while a change of status is pending.

    Your I-94 controls how long you can stay in the U.S.

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  • Where can i apply to get an visa to work out of the country? I understand that i have to get an h2a And h2b application..

    I u

    Brian’s Answer

    Hello:

    Your question is unclear. There are many types of work visas. You should get an employer to sponsor you and then get a consultation as to what type of visa you qualify for under the law.

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  • F1 OPT Denied due to DSO mistake, not the petitioner. I have the right to Motion, What do I do? Please, help.

    As an F1 Student, when my program was completed (Bachelors) I applied to my OPT (Wok authorization for post-completition of studies work) a month before graduation. I filed my papers after reviewing everything with my DSO (Designated school office...

    Brian’s Answer

    Hello:

    It is unlikely USCIS will believe that the DSO filed it late. However, you could try to do a Motion to Reopen with a signed declaration from the DSO admitting to this mistake.

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  • My friend obtained U.S Naturalization through his marriage to a U.S. They have divorced and now he wants to petition new wife.

    My friend married an American citizen for love; he then obtained LPR status through this marriage and subsequently became a U.S citizen. After four years of marriage, his wife filed for an uncontested divorce and he was the Respondent. They divor...

    Brian’s Answer

    Hello:

    He would have to show the bona-fides of the marriage and assumably he got divorced because things were not working out in the marriage, not in order to go through some plan to become US Citizen and then petition his new wife.

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  • I am currently on F1 visa grace period. Am I eligible to take basic mediation training of 30 hours during this period?

    I am a student from Berkeley and mediation training is by newyork center of personal development.

    Brian’s Answer

    Hello:

    If you are being 'trained', then normally that would require an H-3 or a J-1. It is unclear if you are simply going to exercise classes or being trained, etc.

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  • Currently on OPT, can I petition to switch to J1 or trainee visa while preparing to petition for H1-B?

    Hi, my EAD will expire in January and my employer will sponsor my H1-B petition in April. However, that means that even if I'm granted an H1-B visa I won't be allowed to work between January and October. Could I apply for J1 or trainee and continu...

    Brian’s Answer

    Hello:

    They do have what is known as the 'cap-gap'. However, if you do not fall under that, you must get a change of status to some other category to maintain your status.

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