Brian David Lerner’s Answers

Brian David Lerner

Long Beach Immigration Attorney.

Contributor Level 18
  1. I am out deportation proceedings filed for green card case rejected chicago or local office not taking it because it was allread

    Answered over 1 year ago.

    1. J. Thomas Smith Ph.D.
    2. Alexander Joseph Segal
    3. Brian David Lerner
    4. F. J. Capriotti III
    4 lawyer answers

    Hello: It is unclear what exactly you are asking. However, if you were in deportation proceedings and won and now you want to sue the U.S. Government, your chances of winning are virtually non-existent. You should concentrate your energies on applying for Naturalization if you qualify

    6 lawyers agreed with this answer

  2. I am my 16 year old nehews legal guardian. Can he work if he only has a UK passport.?How do I change his immigration status.

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Brian David Lerner
    3. Sergey Vladimirovich Makarov
    4. Stephen D. Berman
    4 lawyer answers

    Hello: You would have had to adopt him prior to 16 years old to get immigration benefits. Perhaps he can apply for the Special Immigration Juvenile Petition.

    6 lawyers agreed with this answer

  3. My husband and I are filling the paper work for the green card. What kind of proof do we need to proove that we live together?

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Nicole Marie Hartnett
    3. Sergey Vladimirovich Makarov
    4. Brian David Lerner
    5. Alexus Paul Sham
    5 lawyer answers

    Hello: It will raise a red flag that you simply have no proof of actually living together. It is odd that someone would not want to sign a simple statement that you live at their house. It raises credibility issues. You should contact an attorney for help with supporting evidence.

    6 lawyers agreed with this answer

  4. Will there be any problem if my wife files a "No Objection Statement" to waive her J-1 visa requirement to return back to China?

    Answered over 1 year ago.

    1. David Eli Larson
    2. Alexander Joseph Segal
    3. Brian David Lerner
    4. Stephen D. Berman
    5. Anu Gupta
    6. ···
    6 lawyer answers

    Hello: The obstacle you might face is getting it denied. The chances depend on how strong the waiver is prepared.

    6 lawyers agreed with this answer

  5. My wife is an illegal immigrant and she got pulled over,officer gave her 2 tickets 1 for no dl license n tint she got court date

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Giacomo Jacques Behar
    3. Majid Vasigh
    4. Brian David Lerner
    5. Jeffrey Adam Devore
    5 lawyer answers

    Hello: She may get referred to removal proceedings for deportation. It would be a wise idea to contact the immigration attorney now in order to either represent her in immigration court or to see what other relief she may be qualified for under the immigration laws.

    6 lawyers agreed with this answer

  6. Hello I have a situation that my H-1 is approved.Presently I am on (B-1/B-2) and my (i-94) is expiring in September 2013,

    Answered over 1 year ago.

    1. Giacomo Jacques Behar
    2. Alexander Joseph Segal
    3. Brian David Lerner
    4. Robert Louis Brown
    4 lawyer answers

    Hello: If you applied for the change of status properly, you would have been issued an I-94 with the approval. Because you received the approval, but not the I-94, I suspect you did not apply for the change of status. If you are not out of status, you would most likely need to apply at the U.S. Consulate for the H-1B visa. Keep in mind that they could deny your H-1B even though USCIS approved it.

    6 lawyers agreed with this answer

  7. My daughter was misclassified for her Visa she was place in F3 instead of F1 how do I go about changing her status from F3 to F1

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Brian David Lerner
    3. Giacomo Jacques Behar
    3 lawyer answers

    Hello: You need to send in a request to USCIS to amend the petition.

    6 lawyers agreed with this answer

  8. Filed for 1 year H1B APPROVED FOR 3 YEARS

    Answered almost 2 years ago.

    1. Brian David Lerner
    2. Giacomo Jacques Behar
    3. F. J. Capriotti III
    4. J Charles Ferrari
    4 lawyer answers

    Dual Intent is applicable to the H-1B. You should file right away.

    6 lawyers agreed with this answer

  9. H1b stamping in Washington

    Answered over 1 year ago.

    1. Brian David Lerner
    2. Jeff L. Khurgel
    3. Maria J. Marty
    4. John K Lassen
    4 lawyer answers

    Hello: You cannot get your visa stamped in the U.S. You need to leave the U.S. and goto the Consulate.

    Selected as best answer

  10. Is there any requirement to change my B1 visa to J1?

    Answered over 1 year ago.

    1. Brian David Lerner
    2. J Charles Ferrari
    3. Lalita Haran
    3 lawyer answers

    Hello: First, the company offering you the training must be able to accept a J1 trainee. Assuming this is the case, you have to do a change of status prior to going out of status. Next, you should find out if the J-1 has a two year foreign residenctyrequirement,

    Selected as best answer