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Avi Friedman

Avi Friedman’s Answers

153 total


  • B1/B2 Visa Valid for 90 days

    I am in US with my wife and 2 kids and i have B1/B2 (M)2015 visa ,Entry valid from 24 Aug 10. i want to settle here and work legally .what should i do ?

    Avi’s Answer

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

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  • How can I stay in USA legally? .

    I have been an international students on full Presidential scholarship at an American University for 9 years, got my Bachelor and Master's Degree from an American University (I graduated Suma Cum Laude), got my OPT one year permission and now it e...

    Avi’s Answer

    I recommend that you contact an immigration attorney asap to discuss your possible non-immigrant visa options such as an H-1B or an E-2 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 specific legal advice. This communication does not create an attorney-client relationship.

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  • How long green card holder can stay out of the country?

    I've read somewhere that if I don't want to apply for a citizenship later on I can stay out of USA for a year and then comeback. Is that true?

    Avi’s Answer

    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 absence 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 physically present in the U.S. As part of the reentry permit application, the Immigration Service must take applicant's biometrics/fingerprinting in the U.S. This permit can be valid for up to two years. You must return to the U.S. prior to the expiration of the Reentry Permit.

    Please keep in mind that regardless of whether you have an re-entry permit, it is critically important to continue to maintain your permanent resident status. Factors that USCIS considers are, for instance, whether you have maintained a U.S. residence, a state driver’s license, a U.S. bank account and most importantly whether you continue to file as a “resident” (as opposed to “non-resident) for U.S. income tax purposes.

    I recommend that you contact an immigration attorney asap to discuss your possible 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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  • Will I be allowed back into the U.S. if I don't have my green card?

    I have applied and will receive a new green card within 6 weeks but my travel date is between Aug 17, 2010 returning Aug 22, 2010.

    Avi’s Answer

    If you applied for an I-90, Replacement of your Green Card and have completed your biometrics, your old green card may have been extended by USCIS. If you have lost your green card, you may need to obtain a temporary stamp from USCIS in your passport. I recommend that you consult with an immigration attonrey asap regarding your travel 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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  • Can i get my files from the immigration lawyer that i hired before?

    I would like to apply for citizenship but my immigration lawyer was asking too much money..so i decided to just apply on my own.. can i get my files back from them? thanks

    Avi’s Answer

    Yes, submit a request in writing to the attorney asking for a full copy of your file.

    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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  • How late in the year can a company sponsored me, considering the amount of visas given by the end of the year?

    If the company decides to sponsor me early December can I start working while the visa is in process or do I have to wait the month and a half that the process takes?

    Avi’s Answer

    It depends on the type of non-immigrant visa (NIV). Unless you are "porting" from one H-1B employer to another, you must have the petition approved prior to commencing employment.

    See this link for information regarding the various types of NIVs. http://www.wolfsdorf.com/U.S.%20Immigration%20Options%20for%20Graduating%20Students%20and%20Other%20Professionals.pdf

    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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  • My japanese relatives were not issued I-94 (arrival&departure record) individually, how they will depart the US?

    The DHS and CBP are inconsistent with the issuance of I-94 to tourists arriving in the US. Airline crew are not helpful enough to non-english speaking passengers and In their website, it rules everybody who are visiting the US should be issued wit...

    Avi’s Answer

    See the link below -- The Department of Homeland Security (DHS) recently announced the elimination of the Form I-94W, the paper arrival/departure form, for certain authorized travelers entering the U.S. under the Visa Waiver Program (VWP)

    If a traveler under the Visa Waiver Program (i.e., WT (visa waiver for tourism) or WB (visa waiver for business)) has an approved Electronic System for Travel Authorization (ESTA), U.S. Customs and Border Protection (CBP) will no longer issue Form I-94W departure card. Travelers must now provide basic biographical, travel and eligibility information to obtain ESTA prior to departure for the U.S.; this information was previously required for the Form I-94W.

    Note: CBP will continue to issue Form I-94W for travelers entering the U.S. in WB or WT status without an approved ESTA. In addition, CBP will continue to issue the I-94 to individuals entering the U.S. with a visa other than a WB or WT (e.g., B-1, B-2, F-1, J-1, H-1B, etc.).

    It would be advisable to keep copies of boarding passes, airline tickets, itineraries, etc.... to prove if ever necessary that one departed the U.S. timely.

    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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  • How do we get his citizenship?

    my boyfriend is a mexican immagrant. we live together, and recently had a child. we are looking on ways to get his citizenship, even though hes been here for 7 or 8 years,. he is 26

    Avi’s Answer

    Before progressing to citizenship, you need to exlore "green card"/immigrant visa options.

    There are four main ways to obtain U.S. permanent resident status. One option is through a close family relationship, usually a U.S. citizen or permanent resident. Employment and investment-based sponsorship is another. The third way is through refugee, asylum, or cancellation of removal. Finally, the Diversity Visa (DV) lottery provides an opportunity for many.

    I recommend that you consult with an experienced immigration attorney regarding your boyfriend's 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.

    See question 
  • Green card holder can stay out usa more than 1 year?

    without reentry?

    Avi’s Answer

    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 absence 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 physically present in the U.S. As part of the reentry permit application, the Immigration Service must take applicant's biometrics/fingerprinting in the U.S. This permit can be valid for up to two years. You must return to the U.S. prior to the expiration of the Reentry Permit.

    Please keep in mind that regardless of whether you have an re-entry permit, it is critically important to continue to maintain your permanent resident status. Factors that USCIS considers are, for instance, whether you have maintained a U.S. residence, a state driver’s license, a U.S. bank account and most importantly whether you continue to file as a “resident” (as opposed to “non-resident) for U.S. income tax purposes.

    I recommend that you contact an immigration attorney asap to discuss your possible 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.

    See question 
  • Advice for Over aged H4 dependent child.

    Hi I was admitted in the US with H4 visa issued 2008 and I was still 20 years old by that time. My Dad transferred his H1-B 2008 so his current visa is still valid until 2011 and i was still included in the extension. I turned 21 last 2009 and he ...

    Avi’s Answer

    This is a quite complex situation. I highly recommend that you contact an experienced immigration attorney to discuss your options. Technically, you aged out once you turned 21 and then start to accrue unlawful presence. Are you currently enrolled in a University? If so, you may want to explore the option of an F-1 visa/status.

    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