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Avi Friedman

Avi Friedman’s Answers

153 total


  • Can I travel while waiting for citizenship?

    is it possible to travel outside u.s after i filed my n-400?and i just return back when its bio metrics and/or interview? i am a greencard holder

    Avi’s Answer

    Applicants for naturalization can travel while their applications are pending. The applicant must still comply with residency requirements. In such a situation, the applicant must update the Form N-400 with the dates of travel and countries visited at the time of 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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  • Proof of bona fide marriage for green card based

    I am the beneficiary of green card. I have refinance a year ago with my name only in the mortgage. Last week, I got married to my wife who is a U.S. citizen. Should I go to all trouble of putting my wife's name on my mortgage for proof of bona fid...

    Avi’s Answer

    I recommend that you consult with an immigration attorney to assist you and your spouse in anticipation of your adjustment of status interview.

    An attorney can assist with reviewing your 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 in-person 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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  • H1B and H4 visa extended but not stamped on passport. Does my wife (H4) need visa stamped on passport for travel and return?

    I had my H1B visa extended for the 2nd 3 year term. Also my dependents (wife, son) had their visa extension approved. Since we continued living in the US through the application period and after the extension approval, we didn't get the new visa s...

    Avi’s Answer

    Your wife will require a valid H-4 visa to return to the U.S. after a trip abroad (unless she qualifies for automatic revalidation for a trip to Mexico or Canada for less than 30 days). Consular Officers often give H-4 visa applicants a difficult time if the principal applicant is in the U.S. and does not have a valid visa. She may be able to process at a U.S. consular post in Canada or Mexico if she is renewing her H-4 visa. I recommend you consult with an immigration attorney well versed in consular processing to assist with your wife's H-4 visa application.

    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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  • H1B Admin processing and tourist status

    I have been in the US for the last 3 years on my H1B status.. My extension was approved by USCIS, so i went to embassy to issue new visa.. However i was placed on admin processing, without clarifying why.. My B1/B2 visa was not canceled and my pas...

    Avi’s Answer

    The issues to consider include: Where did you apply for your visa? Did CBP ask the purpose of your visit to the U.S. and did they discuss the pending H-1B application? It is possible the Consular Officer may take issue with your recent admission to the U.S. as a visitor. It is crucial to comply with the terms of your visa category.

    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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  • Where is the best Canadian city to apply for an E3 visa? Toronto, Calgary or Vancouver. I'm based in LA.

    Hi there, I'm applying for an E3 visa in the next 10 days and am told Canada is the best place to do this, from LA. I've heard Vancouver is not the best option as it is busy this time of year and that Calgary is my next best bet. What about Ottawa...

    Avi’s Answer

    I suggest you consult with an experienced lawyer who handles consular processing and focuses on third-country national visa processing in Canada. The U.S. consular posts in Canada handle E-3 visa applications - some of the issues that need to be considered before you apply in Canada include: what is your current status, where did you obtain your degree(s), and your prior visa and U.S. immigration history.

    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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  • Charged with a DUI case is still going on. Is it ok to go to get my H1B visa stamped?

    I recently got charged with a DUI, I am planning to go for stamping to get my H1 visa stamped? Will there be any problems? Because my case is still pending and will they approve my visa?

    Avi’s Answer

    Yes - anticipate there will at least be a delay as the Consular Officer must refer you to a panel physician for a medical and possible pyschological evaluation regarding medical inadmissibility. See the DOS link below for additional information. I recommend you consult with an immigration attorney who handles consular processing matters before departing the U.S. as you could be significantly delayed or prevented from returning to the U.S.

    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 change from b1/b2 to j1 if I have overstayed on the b1/b2 visa

    I got an offer for research work..I'm currently in the US.

    Avi’s Answer

    You must generally be in status to file a change of status. There is an exception if you can demonstrate:

    (i) The delay was due to extraordinary circumstances beyond the control of the applicant or petitioner, and the Service finds the delay commensurate with the circumstances;
    (ii) The alien has not otherwise violated his or her nonimmigrant status;
    (iii) The alien remains a bona fide nonimmigrant; and
    (iv) The alien is not the subject of deportation proceedings or removal proceedings.

    I recommend that you consult asap with an immigration attorney as you are accruing unlawful presence and may be subject to a bar to re-entry.

    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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  • My priority date is feb07, give me an idea how long i would have to wait

    petition filied in 07 by sister

    Avi’s Answer

    For a 4th preference sibling petition, the current priority dates for January 2012 are August 15, 2000 for most countries, May 8, 1996 for Mexico, and October 8, 1988 for Phillipines.

    You can check the Department of State, Visa Bulletin each month to see the current priority dates. See the links below.

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

    Hi, My Student Visa has expired in June 2011 and my OPT expires 21st February 2012, by when do I have to leave the US? Is there any grace period?

    Avi’s Answer

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

    I am an attorney representing a client in a criminal case in which the charge is DUI (California). The offer is for her to plead to a wet reckless - VC 23103 per VC 23103.5 (driving in wilful or wanton disregard for the safety of persons or proper...

    Avi’s Answer

    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.wolfsdorf.com | Offices in Santa Monica, CA and New York City

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