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Avi Friedman

Avi Friedman’s Answers

153 total


  • Impact of misdameanor on getting a green card.

    With a misdameanor, how would that affect someone getting a green card? Would the impact be severe or cause the person to not even get a green card and citizenship someday?

    Avi’s Answer

    Any applicant who has been arrested or convicted for any offense (other than minor traffic violations) must be prepared to disclose these facts and produce original court documents as part of their U.S. immigration application. Typical offenses that can complicate visa processing are crimes involving fraud or deceit, crimes against persons or property and drug-related offenses, although many other offenses may be problematic also. Applicants with multiple criminal offenses may also face additional problems. Applicants who have been arrested or convicted for an alcohol- or drug-related offense may even be referred to a doctor for further questioning after the visa interview to screen for health-related inadmissibility.

    If you are a non-citizen and are currently facing criminal charges in state or federal court, you should strongly consider consulting with an immigration attorney before taking any action in your criminal case. Any plea of guilty or no contest, or even a suspended sentence or a deferred entry of judgment, could result in negative U.S. immigration consequences. The collaboration of an immigration attorney with your criminal defense attorney can help you make an informed decision about your criminal case, and may be instrumental in finding an alternative or lesser charge that minimizes U.S. immigration consequences.

    If you are already convicted of a criminal offense, a waiver of inadmissibility may or may not be available depending on the nature of your criminal offense and the resulting punishment or sentence ordered by the Court. Even if you are now facing deportation charges in U.S. Immigration Court based on your conviction, you may still qualify for a waiver. Because of the wide-ranging negative immigration consequences that can follow a conviction, it is highly advisable to retain an immigration attorney to review your specific case.

    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 specific legal advice. This communication does not create an attorney-client relationship.

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

    My fiancee & I are in the process of preparing the forms for the interview at the US consulate in China. As the sponsor should I complete for I-864 and my future wire form I-134? Also where can we find a list of doctors located in Shanghai, China ...

    Avi’s Answer

    • Selected as best answer

    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@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 specific legal advice. This communication does not create an attorney-client relationship.

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  • If i hire someone to work in another country and decide to bring them to the US how do I do this?

    If I hire someone to work in another country and decide to bring them to the US how do I do this?

    Avi’s Answer

    If they have a bachelor degree and you have a viable U.S. company, you could consider an H-1B non-immigrant visa. Please see the link regarding the H-1B and other non-immigrant visa options.

    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 specific legal advice. This communication does not create an attorney-client relationship.

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  • Is my green card application I-485 is in jeopardy now?

    I-130 got approved I-485 pending i had some disaggrements with my wife she is not living with me any more--is my green card application is in jeopardy now?

    Avi’s Answer

    Yes, you should consult with an immigration attorney asap to discuss your options. While the standard is that the marriage must "be valid at inception" and that it remains valid for immigration purposes even if partners are separated and the marriage is no longer viable, the immigration service often balks and delays an application to the point where you become legally separated or divorced and no longer able to obtain an immigration benefit.

    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 specific legal advice. This communication does not create an attorney-client relationship.

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  • Can a start-up company file for an H1-B visa for its employee?

    I work for a start-up that started a few months ago. They have agreed to file for my H1-B visa but I'm the second employee here in the firm. Will this situation cause a visa rejection? I have been employed on an internship from the parent company ...

    Avi’s Answer

    The immigration service can be more difficult on adjudication of H-1B applications for employees of start up companies. It is quite common for service to issue lengthy requests for evidence asking the employer to justify its request for the H-1B position. I recommend that you consult with an experienced immigration attorney to review both your and the sponsoring company's qualifications to see if an H-1B petition will be viable.

    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 specific legal advice. This communication does not create an attorney-client relationship.

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  • Is his student Visa All We Need Or Do We Need Additional Forms To Get Married ?

    My boyfriend is here on a student Visa. He will be going home in March to handle family affairs. We want to get married before he leaves. Do we need to fill out additional forms, or can we get married with just the Visa ?

    Avi’s Answer

    I recommend that you consult with an immigration attorney asap to assist you and your husband should you proceed with an application for adjustment of status. There are potential issues with his F-1 visa status after he gets married to a U.S. citizen and attempts to re-enter the U.S.

    The immigration service will schedule an in-person interview. An attorney can assist with preparing the forms and supporting documents, advise regarding the interview with USCIS, review your joint documents (and provide a list of suggested documents which can evidence your legitimate and bona fide marital relationship) and represent you at the interview.

    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 specific legal advice. This communication does not create an attorney-client relationship.

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  • Immigration fiance visa

    currently engaged to a foreigner. I'm being told that its better to do a fiance visa than to marry abroad and apply for them to be admitted to the US because it takes considerable longer. is this true? Are there any ways to expedite?

    Avi’s Answer

    It's also necessary to factor which consular post you are dealing with. Some posts are known to routinely deny K-1 fiance visa applications due to high instances of fraud in the country. Some posts have significant backlogs for interviews. I recommend that you consult with an experienced consular immigration attorney to discuss the options for your case.

    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 specific legal advice. This communication does not create an attorney-client relationship.

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  • Am I stranded here in the U.S.?

    My F-1 visa expired six years ago, when I graduated with an MBA. Since then, I’ve been working by myself as a tutor / instructor. But all these years, I’ve promptly paid my taxes; I have my tax returns to prove that. I have an interview scheduled ...

    Avi’s Answer

    Since you are out of status and have worked without authorization, you will not be able to change your status in the U.S. If approved for an H-1B, you will need to apply for the visa at a U.S. consular post. You should consult with an experienced immigration attorney asap about your options and the issues associated with your overstay (and possible 10 year bar from the U.S. if you travel abroad).

    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 specific legal advice. This communication does not create an attorney-client relationship.

    See question