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Brian David Lerner
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Brian Lerner’s Answers

1,199 total


  • What i have to do if my docoments got forget from the government and the boss in the interview doesn't answer?

    I'm a refugee in germany,im from syria and i have some problems

    Brian’s Answer

    Hello:

    It is a bit unclear exactly what you are asking. However, you can always request a continuance in order to add to the file you already have. At the end of the interview, you will likely be given a list of what else to provide.

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  • Can she stay for more time and what's the maximum period of time she can stay?

    My girlfriend from Uruguay was granted a travel visa for 10 years. She wants to change her return flight date and stay longer.

    Brian’s Answer

    Hello:

    While the visa is a multiple entry B1/B2, that is not the time she is permitted to stay in the U.S. Rater, it would be the time on the I-94. If she wants to stay, and still has non-immigrant intent, she can try to apply for a B2 extension of status.

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  • Can I apply for change of status and working permit without the birth certificate? And can the lawyers help get her birth?

    Hello Lawyers, I'm and F1 student and just got married to an American. She is trying to get her birth certificate to apply for my Green Card.

    Brian’s Answer

    Hello:

    If for whatever reason she cannot get her birth certificate, her U.S. Passport would also be proof of citizenship.

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  • What options do I have?

    Hello and thanks in advance for your answers. In 2012, I submitted an application for a U-visa. On October/2014, I received a letter from USCIS stating that "the evidence submitted with the petition appears to demonstrate that the eligibility requ...

    Brian’s Answer

    Hello:

    You should not leave until you have the advance parole approved.

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  • 1) I have an offer to join a new company. Can I transfer my H1B in current scenario, where my h1b amendment is still pending?

    H1b amendment in progress - safe to change company ? -My status is H1B. My company 'X' spinoff hence they files an H1b amendment to reflect the new name as Employer 'Y'. H1B amendment is filed 7 months ago under general category and it is stand s...

    Brian’s Answer

    Hello:

    Theoretically you could file another H-1B under the portability provisions, and then transfer. However, if the H-1B Amendment is denied and something happens to your status, it could be denied.

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  • Do I apply for adjustment of status through the USCIS or should I have my asylum case withdrawn?How do I go about it? Thanks!

    I have a pending asylum case in the ninth circuit.An immigration judge had order me to voluntarily depart the USA.I appealed my case.I'm married to a US citizen and recently the I-130 was approved.I want to adjust my status and get my green card

    Brian’s Answer

    Hello:

    The immigration court has jurisdiction of your case. You should request it be remanded back to the Court.

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  • What should I answer to "were you inspected by US immigration officer?" Does above description mean inspection?

    I am working on I-485. When I arrived in USA an officer (in airport) who checked my passport asked me a couple of questions and gave me an I94. Does that mean I answer yes, or do they mean some other kind of inspection?

    Brian’s Answer

    Hello:

    One cannot tell you what to write for the answer. However, based on your question, you were insptected by the immigration office at the point of entry.

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  • In filing I-539 to extend status, do I need to pay double the fee because I am extending my baby's stay too?

    I am going to file I-539 to extend the stay and status of myself and my baby. Do I need to pay $290 twice for this?

    Brian’s Answer

    Hello:

    You must file two separate petitions in order to get status changed on both.

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  • If i open Separate bank account this can affect me ? we have one join account and i never open one separate under my name only

    hi every one, my wife she is us citizen and we have been marry for 3 years already, and im going to apply for citizenship soon. i already remove condition.

    Brian’s Answer

    Hello:

    Assuming you have the unconditional Green Card, that should not be a problem at this point.

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  • Can I get a J-1 visa waiver through a no objection statement instead of a US Government agency?

    I am a Fulbright Scholar subject to the 2-year J-Visa residency requirement. Can I request the waiver through a "No Objection Statement" from my home country? Or do I have to get it from a US Government agency?

    Brian’s Answer

    Hello:

    That is always possible, but not easy.

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