Avi Friedman's Answers

Avi Friedman
Santa Monica Immigration Attorney.
Contributor Level 12

2

Attorney answers:

  1. Avi Friedman
  2. Shah Iqbal Nawaaz Peerally

What should I do with my F1 visa when I get my green card?

Asked by a user in Fremont, CA - almost 2 years ago.

When you travel abroad, make sure to carry your green card and valid passport. The Customs and Border Protection Officer will likely cancel the F-1 visa ("cancelled without prejudice" or "CWOP"). Don't "rip" the visa out of your passport. Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | afriedman@wolfsdorf.com | www.wolfsdorf.com | Offices in Santa Monica, CA and New York City This...

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Attorney answers:

  1. Avi Friedman
  2. Gabriel Dylan Jack

National Interest Waiver Application for Greencard

Asked by a user in Daly City, CA - about 2 years ago.

I recommend that you consult with an immigration attorney so that they can review your credentials and advise on the viability of your particular case. For a National Interest Waiver (NIW) application,you need to present convincing arguments, supported by persuasive evidence, showing that your employment is in an area of substantial intrinsic merit and in the national interest; that the scope of your work is national in impact (for the U.S.); and, that the U.S. national interest would be...

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Attorney answers:

  1. Avi Friedman
  2. Philip Daniel Hache
  3. C. C. Abbott

Effect of DUI or wet reckless on F1 Visa/ OPT/ work visa

Asked by a user in San Diego, CA - 5 months ago.

One of the consequences is that when they apply for a future U.S. visa, they will be referred to a panel physician who will examine whether they have an issue which renders them inadmissible. It would be best to consult with an immigration attorney regarding the full immigration consequences of the charge. Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | afriedman@wolfsdorf.com | www....

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Attorney answers:

  1. Avi Friedman
  2. Carl Michael Shusterman

Question on which form to complete, i-864 or i-134

Asked by a user in Middle Village, NY - almost 2 years ago.

For a K-1 visa, the I-134 is the proper form. See the attached link regarding the medical exam. I recommend that you consult with an immigration attorney that is experienced with the Chinese post to prepare you and your fiancee for the K-1 visa interview. Feel free to contact our office to se if we can be of assistance. Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | afriedman@...

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Attorney answers:

  1. Avi Friedman
  2. Carl Michael Shusterman

Can my US-citizen sister and green card holder file at the same time an immigration petition for me?

Asked by a user in Tucson, AZ - almost 2 years ago.

Yes - you can have more than one person file an immigrant visa petition on your behalf. For your lawful permanent resident mother to file for you, you need to be a minor Child or an Unmarried Son/Daughter. See the Department of State Visa Bulletin at http://travel.state.gov/visa/bulletin/bulletin_1360.html Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | afriedman@wolfsdorf.com | www....

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Attorney answers:

  1. Neil Ian Fleischer
  2. Sweta Khandelwal
  3. Carl Michael Shusterman
  4. Avi Friedman

How long can i stay in the US legally after my OPT expires?

Asked by a user in New York, NY - 5 months ago.

I agree with my colleagues above regarding the 60 day grace period. Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | afriedman@wolfsdorf.com | www.wolfsdorf.com | Offices in Santa Monica, CA and New York City

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Attorney answers:

  1. Avi Friedman
  2. Eugene J. Glicksman
  3. J Charles Ferrari

My tn is valid for 3 yrs and im working what is the best route for my petioner to take?

Asked by a user in Boston, MA - 5 months ago.

As a U.S. citizen, your mom could file an I-130 immigrant visa petition for her daughter. Depending on whether you are married or single, the category is currently backlogged between 7-10 years. You should note that the TN category requires that you have non-immigrant intent and the filing of an immigrant visa petition on your behalf can have an impact on this. I recommend consulting an immigration attorney to discuss permanent resident options. Avi Friedman| Attorney at Law |...

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Attorney answers:

  1. Avi Friedman
  2. Andrea W. Kelly
  3. Ralf D. Wiedemann

If i am on a B1/B2 Business Visa and have been offered employment to legally enable me to work what work permit do I need.

Asked by a user in Los Angeles, CA - over 1 year ago.

I recommend that you contact an immigration attorney asap to discuss your possible non-immigrant visa options such as an H-1B visa. See the attached link for a summary. Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | afriedman@wolfsdorf.com | www.wolfsdorf.com | Offices in Santa Monica, CA and New York City This message is provided for general informational use only and is not...

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Attorney answers:

  1. Avi Friedman

Which one prevails: PED ou visa expiration date (L1 visa)?

Asked by a user in Palo Alto, CA - over 2 years ago.

You should present your passport with the L-1 visa and your L-1 I-797 when you re-enter the U.S. Assuming you are admissible, you should be admitted until the date of your petition/I-797 approval notice (as long as your passport is valid until July 2011). Your L visa may have been limited because of your country's reciprocity schedule. Make sure to consult with your immigration counsel so that they may provide you with the appropriate memos/regs on this issue. Avi Friedman| Attorney at...

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Attorney answers:

  1. Avi Friedman
  2. Thomas Esparza Jr.

Is it a good idea for a LPR to study abroad for a few years using re-entry permits?

Asked by a user in San Diego, CA - almost 2 years ago.

United States permanent residence requires that you live in the U.S. If you are out of the U.S. for more than six months this can break your accumulation of residence for the purpose of applying for citizenship. Furthermore, an extended absences can result in you losing your permanent residence status. If you plan to be out of the U.S. for more than 180 days, you should explore the option of a re-entry permit. This must be filed with USCIS prior to your departure, while you are still...

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