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Brian David Lerner

Brian Lerner’s Answers

1,031 total


  • Sir ek question hai ...my h1b i94 is till may 2016.one year from now. I40 applied. If its gets approved today and I leave my emp

    Sir ek question hai ...my h1b i94 is till may 2016.one year from now. I40 applied. If its gets approved today and I leave my employer E and join a new company N. Question 1) will i get 1 year H1b transfer or 3 year? Question 2) if 1 year what shou...

    Brian’s Answer

    Hello:

    Your question is unclear. I would strongly suggest you get an attorney consultation.

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  • Asylum application: launch a new application or re -open the case.

    I was denied an asylum by an asylum officer and was sent my case to the court. I appeared in front of the judge but I terminated my case after the first appearance in the court. My judge told me that I could re open my case once I became of the o...

    Brian’s Answer

    Hello:

    First, it is the Judge that can terminate your case. If you were actually in status, it would never have been sent to the Court in the first place. Thus, there is something incorrect about your rendition of the facts.

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  • How asylum application process for j-1 visa holder is different from normal asylum application process?

    Where the J-1 visa holder is suppose to submit application to seek asylum and if he is required to pay the fee as well. Moreover, do the j-1 visa holder has the right to appeal in case his application is rejected in the first place.

    Brian’s Answer

    Hello:

    It will depend if your seeking a J Waiver based upon asylum, or are affirmatively applying for asylum through the normal means.

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  • Will my Boyfriend get deported

    He has his green card and everything but recently he was caught with possession of a small amount of mari Juana on him and I'm just really terrified that they are going to deport him back to Ukraine.

    Brian’s Answer

    Hello:

    First, he should not just plead to whatever they give him without the advice of an immigration attorney. Next, he may be eligible for relief in Immigration Court to keep his Green Card.

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  • My fiancée has been refused a visa, I may need an attorney.

    I make above the income guidelines that they require. The consulate is saying that we need a co-sponsor because I haven't worked a full year, and the tax return I submitted only shows three months employment last year. I have no other tax returns ...

    Brian’s Answer

    Hello:

    There are ways around the joint sponsor. If you have sufficient assets, it could substitute for a joint sponsor.

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  • I 751 good faith waiver approved!! What hurdles (if any) should I expect in the future?

    Dear Sir - My I 751 good faith marriage waiver has approved! I got my 10 year green card. Next year I want to marry in my home country. My question is the person I thinking marry used to be in my class in college in my home country. This was y...

    Brian’s Answer

    Hello;

    Immigration will always question the bona-fides of the marriage. It is not necessary for you to wait to become a U.S. Citizen if the marriage is truly bona-fide and entered into because of love - not because of the Green Card.

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  • Should I be worried about my new adjustment of status application?

    My husband who is a US citizen file for my I-485..it was denied without prejudice. .so we re-filed our application without a lawyer..we've been married for 3yrs..I've recently received a notice for an interview but it was only address to me...shou...

    Brian’s Answer

    Hello:

    You are the one adjusting status, not him. However, they will want to make sure the marriage is bona-fide. He should come (even if later not asked to sit in the interview with you.)

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  • My wife was under I245 and when I make politic Asylum I add her in my case

    My Question is If she want remove her name from my politic Asylum case what will be the impact on her? Because I heard it my can put her under the removal procedure in USA and I want to know is it true or no. I appreciate the attorney for his t...

    Brian’s Answer

    Hello:

    If you have a valid asylum claim and she is a derivative and you win, then she will not need to be under 245(i).

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  • Applying for Green Card when on F-2

    I am on F-2 visa through my wife who is still doing her OPT, but before that I attended school in the USA with my F-1 visa, did my OPT for 1 year, so I have EAD card and SSN. My question is can I apply for Green Card, and if I can, can I ...

    Brian’s Answer

    Hello:

    It is a long path to the Green Card.

    First you should apply for the H-1B (assuming you get in when it opens) and then the PERM and then the I-140 and then adjustment.

    Regards,

    Brian D. Lerner
    Attorney at Law

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  • Chances of B2 Visa Holder's Entry into USA after Deportation of his sole B2 Visa Sponsorer?

    I'm a Conditional Green Card holder and supposed to file my I-751 at end of this year. I've solely sponsored my Father for a B2 Visa last month and he got it for 10 Years with Multiple Entry. I just want to know that in a worst case scenario, if m...

    Brian’s Answer

    Hello:

    Your father's B2 will depend on if he qualifies and if he meets the criteria. You 'sponsoring' him just means you will pay the expenses. In actuality, the fact you have a conditional green card and ultimately can get citizenship, his chances of a B2 are less.

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