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Brian David Lerner's Answers

Brian David Lerner
Los Angeles Immigration Attorney.
Contributor Level 17

1

Attorney answers:

  1. Brian David Lerner

I'm a U.S. Citizen married to an illegal immigrant my husband entered the US when he was 12 yrs old how can he get his residency

Asked by a user in San Francisco, CA - about 2 years ago.

Hello: Some will depend if he entered legally or illegally. Also, I would need to know if he had anything filed prior to April 30, 2001. If he falls under an exception or 245(i), he can adjust here in the U.S. Otherwise, he must file under Consulate Processing, leave the U.S. and also apply for the Waiver of the 3/10 year bar. Please see more below. Regards, Brian D. Lerner Attorney at Law

3 people marked this answer as helpful

2

Attorney answers:

  1. Brian David Lerner
  2. Stuart Jonas Reich

What is the immigration poverty level for 2010?

Asked by a user in Florida - over 2 years ago.

Hello: If you do not meet the minimum poverty guidelines, you can certainly file a joint affidavit of support from any lawful permanent resident or U.S. Citizen who is willing to help. Please see more below. Regards, Brian D. Lerner Attorney at Law

6 people marked this answer as helpful

4

Attorney answers:

  1. Gabriel Dylan Jack
  2. Brian David Lerner
  3. Neil Ian Fleischer
  4. Marc Damien Sean Taylor

Immigration 2 records of marriage in the Philippines.

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

Hello: It may raise a red flag as to whether any fraud exists. Thus, it will have to be prepared more carefully keeping that in mind.

1 lawyer agreed with this answer

5

Attorney answers:

  1. Jeffrey Adam Devore
  2. C. C. Abbott
  3. Brian David Lerner
  4. Luis Alberto Guerra
  5. Ekaette Patty-Anne Eddings

Immigration documents

Asked by a user in Long Beach, CA - 6 months ago.

Bring everything you have so the immigration attorney can make an informed analysis of your case.

1 lawyer agreed with this answer

1

Attorney answers:

  1. Brian David Lerner

What happens when a petitioner died but the visa has been approved?

Asked by a user in California - about 2 years ago.

Hello: Once the petitioner dies, so does the petition. However, it is possible to get a Humanitarian Reinstatement. If approved, then that same petition will proceed forward. However, I would have to see what the priority dates are in order to best assess if it would be in his best interest to do a Humanitarian Reinstatement. Please see below for more. Regards, Brian D. Lerner Attorney at Law

1 lawyer agreed with this answer

2

Attorney answers:

  1. Brian David Lerner
  2. Ralf D. Wiedemann

Can a trainee/intern on J-1 visa marry an H1B holder?

Asked by a user in Urbana, IL - over 1 year ago.

Hello: She can marry you. However, you should look to see is she is subject to the 2 year foreign residency requirement. If so, then regardless of your status, she would have to leave or obtain a a Waiver. Regards, Brian D. Lerner Attorney at Law

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3

Attorney answers:

  1. Brian David Lerner
  2. Carl Michael Shusterman
  3. Ekaette Patty-Anne Eddings

I have a friend who has been illegal for over 10 years. He wants to get married to an American Citizen. Can he adjust status?

Asked by a user in Olympia, WA - over 1 year ago.

Hello: Some of the answer will depend upon the date he left. If one is here illegally for over 1 year and leaves and then re-enters without legal admission, they are barred for life. However, they become eligible to apply for a Waiver after 10 years. Regards, Brian D. Lerner Attorney at Law

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2

Attorney answers:

  1. Brian David Lerner
  2. Ekaette Patty-Anne Eddings

If I can continue to stay in US and work on L2-EAD when spouse returns to parent company and parent country's payroll ?

Asked by a user in Greenwood Village, CO - almost 2 years ago.

Hello: That would depend upon whether he is in valid L-1 Status or not. I am assuming you are in L-2. An L-1 can go back and forth. However, if he is simply leaving the U.S. to go back, he will not be on valid L-1 and you cannot be here on L-2. Regards, Brian D. Lerner Attorney at Law

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2

Attorney answers:

  1. Brian David Lerner
  2. Ekaette Patty-Anne Eddings

How long can I stay outside the country if I have a 10 years green card?Can be 10 months?Thanks.

Asked by a user in Santa Clara, CA - over 1 year ago.

Hello: You cannot reenter on the Green Card if you have been gone more than 1 year (unless you have a Reentry Permit.) If you are considering applying for citizenship, you should not be gone more than 6 months. Regards, Brian D. Lerner Attorney at Law

1 person marked this answer as helpful

2

Attorney answers:

  1. Ekaette Patty-Anne Eddings
  2. Brian David Lerner

I came to US with a visa waiver Prog from Germany,Now I work as a nanny for a US citizan, How can I stay more than 90 days?

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

Hello: You are violating your stay on a couple of grounds. You are working and going to college, both of which are not permitted on the Visa Waiver. I'm not sure how long you have been doing this, but you should return to Germany if less than 180 days of violation and apply for a work visa or a student visa. Regards, Brian D. Lerner Attorney at Law

1 person marked this answer as helpful

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