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Brian David Lerner

Brian Lerner’s Answers

1,090 total


  • Once you get approved for a i601 what happens next? and how long will it take to finish everything up on average?

    my marriage based greencard application was pending due to a fault i made during entering usa but they aproved my i-130, the following week after interview with uscis. now im requested to file for waive(Application for Waiver of Grounds of Inadmis...

    Brian’s Answer

    Hello:

    That will depend if you qualify for a provisional waiver and then if you qualify to adjust status in the U.S. or must do Consulate Processing. Either way, there is alot more to do than the I-130.

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  • Is there a possibility for a person convicted on drug possession and on withholding of removal to have his case reopen ?

    I have an I30 Visa approval filed by a family member. In order to proceed, I need to reopen my Withholding of Removal case. This is a one shot type of thing. Need a good response and a WIN strategy.

    Brian’s Answer

    Hello:

    If you want to 'win', you need to go get a detailed consultation.

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  • I forgot to notify USCIS about my address change, will i face problems when i file to remove conditions on my GC?

    My wife (US citizen) & I got married 2yrz ago 07/2013. I am on the 2yr conditional GC and I am about to file for removal of conditions. When we got married we lived with my inlaws and that is the address i have on file with USCIS. A year later, 07...

    Brian’s Answer

    Hello:

    You need to timely file the I-751 and use your address which you are actually living. You need to file the change of address with USCIS.

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  • Can I be one of the co-founders? or I must wait to upgrade my status first?Any solutions?

    Hello, I have a business law question and would like to know who can help us further with this. It's me and few friends, who want to startup a small business (with high potentiel to grow as time passes) I'm new in US and...

    Brian’s Answer

    Hello:

    You cannot on F-1. However, you could get OPT and then do so.

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  • I have a Green Card and I want to fil3e the i130 for my wife who is in the US on an A2 visa. Should I send the i864 with it?

    I have all the documents for the i130. Do I need any other forms to be sent with it? When do I send the i864

    Brian’s Answer

    Hello:

    Unless your not going to file for the adjustment, but only the I-130, the I-864 does not need to be filed.

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  • My question is if it will affect my husband if I apply for cash aid and snap benefits

    My children and I are US citizens but my husband just received his green card about a year ago. That's the 10yr card

    Brian’s Answer

    Hello:

    You are the U.S. Citizen and there are no inadmissibility provisions for you regarding being a public charge. Therefore, it should not affect your husband if you are the only one receiving the aid.

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  • What's the next step to take to become a legal resident?

    I currently have a works permit i-765, but i would like something that I wouldn't have to renew every two years. Can I apply to be a legal resident?

    Brian’s Answer

    Hello:

    I'm assuming your on DACA. Much more information is needed to determine what else you might qualify for at this time. You should seek a consultation.

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  • What stages my filing process is at?

    The us visa Center sent me a email asking for supporting documents like marriage certificate, affidavit statement and fees to pay etc.

    Brian’s Answer

    Hello:

    Assuming you are speaking of Consulate Processing and you do not need a Waiver, once you send the information requested, it will be transferred to the U.S. Embassy of your home country.

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  • Is it possible to change status from L1B to J1 visa; by keeping the job ?

    Hi, I'm currently on L1B visa and want to pursue a part-time graduate course. Is it possible to switch to J1 Visa still maintaining my employment; if both my company & university are in agreement of it ?

    Brian’s Answer

    Hello:

    That is unlikely. You will need to get either a J-1 or F-1 and cease working at the L-1 company. Just because they may be in agreement with the University will not alter the immigration laws.

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  • Would I get in trouble if i am working with my expired works permit?

    I already got approved but haven't got my new card. I also already had my Bio-metrics appointment.

    Brian’s Answer

    Hello:

    It is unclear what has happened here. If your work permit expired, you do not have authorization to work. When you say you already got approved, it is unclear as to what exactly you were approved for under immigration law.

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