Brian David Lerner’s Answers

Brian David Lerner

Los Angeles Immigration Attorney.

Contributor Level 18
  1. Divorce - immigration

    Answered about 1 month ago.

    1. Alexander Joseph Segal
    2. Brian David Lerner
    3. Stephen Daniel Karpf
    4. Michael Hugh Carlin
    5. Igor A. Voloshen
    5 attorney answers

    Petition to Remove the Conditional Residency and the Divorce Waiver

While the Green Card has already been received, it is necessary to file what is known as the Petition to Remove the Conditional Residency. If this is not properly filed within 90 days before the expiration of the Conditional Green Card, the status will be automatically terminated. My office can file everything necessary to show that the marriage was bona-fide and that the USCIS should remove the condition in order to issue the...

    Selected as best answer

  2. Filed for F-1 to H-4 COS, do i still have to maintain F-1 status until I got approved for H-4?

    Answered 15 days ago.

    1. Alena Shautsova
    2. Giacomo Jacques Behar
    3. Brian David Lerner
    4. F. J. Capriotti III
    4 attorney answers

    You need to maintain your H-4 until you get an approved F-1.

    5 lawyers agreed with this answer

  3. Im currently an au pair on a j1 visa. Im in my second year and my visa will expire sept 2013. I want to get married to my U.S bf

    Answered about 1 month ago.

    1. Carl Michael Shusterman
    2. Elisheva G Mosko
    3. Alexander Joseph Segal
    4. Brian David Lerner
    4 attorney answers

    If you did not intend to marry when entering the U.S., have been here more than 60 days and want to marry for love and not to get the Green Card, you can file an adjustment here in the U.S. without having to leave.

    5 lawyers agreed with this answer

  4. F1 cap gap extension

    Answered 6 days ago.

    1. Brian David Lerner
    2. J Charles Ferrari
    3. J. Thomas Smith Ph.D.
    3 attorney answers

    The cap-gap is made for this exact reason when the classes end, but the H-1B does not start until subsequent to that time.

    3 lawyers agreed with this answer

  5. Can i invest the money from sale of properties abroad in EB5?

    Answered about 1 month ago.

    1. Carl Michael Shusterman
    2. Brian David Lerner
    3. Dana Roxana Bucin
    4. Yuri Tsyganov
    4 attorney answers

    If the money is obtained legally and is your money, then it would should qualify for the investment. The nature of the EB-5 will allow most types of businesses that are not passive in nature.

    3 lawyers agreed with this answer

  6. I am new physician resident and wanna get J1 even I am on TPS to be at the safe( TPS expired on Sept 2013):

    Answered about 1 month ago.

    1. Alexander Joseph Segal
    2. Carl Michael Shusterman
    3. Brian David Lerner
    4. Richard Scott Roth-Sterger
    5. Brian Christopher Schmitt
    5 attorney answers

    That will depend upon if you are on valid B1 or not. If so, you would change from B1 to J1.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Advice needed to fill I-130 for a GC petition for a beneficiary already working in US on H1b. Spouse has a Green card.

    Answered about 1 month ago.

    1. Giacomo Jacques Behar
    2. Andrew Marino Bramante
    3. Brian David Lerner
    4. Robert Louis Brown
    4 attorney answers

    You must wait to adjust until the visa number is current. However, if your wife naturalizes, then you will be an immediate relative and can adjust anytime thereafter.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. I'm a U.S. Citizen married to an illegal immigrant my husband entered the US when he was 12 yrs old how can he get his residency

    Answered about 3 years ago.

    1. Brian David Lerner
    1 attorney answer

    Hello: Some will depend if he entered legally or illegally. Also, I would need to know if he had anything filed prior to April 30, 2001. If he falls under an exception or 245(i), he can adjust here in the U.S. Otherwise, he must file under Consulate Processing, leave the U.S. and also apply for the Waiver of the 3/10 year bar. Please see more below. Regards, Brian D. Lerner Attorney at Law

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

  9. I became the victim of immigration fraud and got a 5 yr ban from entering the US. Please help me understand how I can undo this

    Answered over 3 years ago.

    1. Brian David Lerner
    1 attorney answer

    Hello: It sounds like you got a deportation order in absentia. It is necessary to make the motion to reopen the deportation in absentia hearing. Then, you would need to be paroled back into the U.S. in order to fight the case. There are some more specifics that I would need to know at this point in order to let you know the best avenue to take. Regards, Brian D. Lerner Attorney at Law californiaimmigration.us

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can a trainee/intern on J-1 visa marry an H1B holder?

    Answered over 2 years ago.

    1. Brian David Lerner
    2. Ralf D. Wiedemann
    2 attorney answers

    Hello: She can marry you. However, you should look to see is she is subject to the 2 year foreign residency requirement. If so, then regardless of your status, she would have to leave or obtain a a Waiver. Regards, Brian D. Lerner Attorney at Law

    Selected as best answer

Call now for a free consultation.

Visit attorney's website

562-495-0554