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Brian David Lerner
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Brian Lerner’s Answers

1,178 total


  • Should i bring 2015 tax return to (f2A) interview?

    NVC already reviewed my documents and sent it to consulate for interview, they did not ask for any financial docs yet, but i read that they might ask for an updated tax return. I did not file my 2015 tax return yet, do you think only 2015 W2 and m...

    Brian’s Answer

    Hello:

    It is unclear if you are referring to the I-130 or I-485 interview. If only the I-130, the taxes will not be necessary.

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  • Do I need a passport to re-entry to Mexico and back to US?

    I have DACA and I plan to apply for Advanced Parole to travel to my home country Mexico for humanitarian reasons. I am planning on taking my son with me who is a US citizen and I applied for a passport for him. Can I board a plane if I don't have ...

    Brian’s Answer

    Hello:

    You should just apply for and get a passport.

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  • Should I change my status to B1 or F2?

    I am currently on H1b status, and my H1b will max out in 2 months. I have two options, 1) is to COS to B1/B2 and do a COS again to H4 once my husband's H1b is approved. 2) is to COS to F2, however given the fact he's graduating in a few months, an...

    Brian’s Answer

    Hello:

    If you had applied for the PERM or I-140 and it was pending for a year, you could have received yearly extensions on your H-1B. You might try for O-1.

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  • When should I take a vacation to ensure a hassle free stamping? With my current employer or new employer?

    Original H1B visa valid from October 2012 to March 2015. I entered the US in March 2013. Visa extension was approved in December 2014 and is valid till October 2017. I have rceived an offer from another employer who will initiate my H1b transfe...

    Brian’s Answer

    Hello:

    You should not leave while it is pending. You should have filed the the H-1B for the new employer and receive the approval. Afterwards, you can leave and get it stamped.

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  • Immigrant Visa

    After my immigrant visa interview I received an email from my consulate saying that my case is under administrative review and that the consular officer is waiting on an electronic response and once received my case can be approved for printing th...

    Brian’s Answer

    Hello:

    This could take months or years. You need to reconstruct what happened at the interview and determine what possible reasons it would be in administrative review (such as an FBI hit, etc.) That way, the attorney might be able to present facts to the officer to answer the issues.

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  • Can i file a cr1 or k3 with the chicago lockbox while i am in brazil? am i required to return to u.s during visa process?

    just married a brazilian in brazil. can i file a cr1 or k3 with the uscis lockbox in chicago while i am still in brazil? am i required to return to the united states at any time during the visa process? can i stay with my husband in brazil with an...

    Brian’s Answer

    Hello:

    You cannot come back to the U.S. on a B2 Visitor Visa with the intent to get residency. The whole purpose of the K3 is to come here on the K3 and then apply for adjustment.

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  • Is there no other way to immigrate to the US with an expunged foreign conviction and NOT having a qualifying relative?

    I understand being given a green card or a visitors visa for the US is a privilege and not a right. But is there no pardon or any law to forgive an attempted fraud conviction from a foreign country even after compliance with the IJ's order to vo...

    Brian’s Answer

    Hello:

    For most cases, expungements do not have any effect on Immigration Law. However, it will depend on what was expunged (ie. a possession of drug crime) which may have some relief. Additionally, the crime may have occurred when you were a minor and/or the crime itself may not make you inadmissible. There are employment based ways to immigrate as well as non-immigrant visas with non-immigrant waivers.

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  • Citizenship

    I was convicted with 3 crimes -selling Tabasco to minor i was found guilty -assault with deadly weapon i paid fine and community service -domestic violence i spend week in jail and my wife droped charges i have also reckless and drivi...

    Brian’s Answer

    Hello:

    The real issue here is whether you disclosed all of this information on the application and provided the arrest/conviction records. If you did not, then you could be getting naturalized through fraud and in the future, they could begin denaturalization proceedings.

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  • How can she get her passport if she doesn't have ID with her legal name on it even her school records have my aunts last name.

    My aunt was granted guardianship of my daughter through juvenile dependency court and before getting her social security and birth certificate amended they moved to Mexico now my daughter is 19 years old with no social Security and Her birth certi...

    Brian’s Answer

    Hello:

    She does not qualify for a U.S. Passport if that is what you are asking. As for a passport from her home country, she can go to the Mexican Consulate in the U.S. to determine their requirements.

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  • 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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