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Lucy Avedissian
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Lucy Avedissian’s Answers

10 total

  • Adjustment of Status!

    I'm applying AOS through my U.S.C wife. As part of evidence of bonafide marriage before marriage i.e exchange of e-mails, sending gifts,sharing pictures and phone calls should i HIGHLIGHT with a marker the date of the e-mail and phone number e...

    Lucy’s Answer

    It is always better to make it easier for the officer to adjudicate your case. So yes, I agree with my colleagues. Normally these types are evidence are submitted at the time of in-person interview, not at the time of filing the application package. If you want to submit these with your package, it may be a good idea to keep identical copies so that you have the materials to give the officer at the interview.

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  • If priority date becomes current can Company A still continue with the I-485 filing even though employee not currently working?

    Suppose company A files for green card and 140 approved, and then employee works for company B. I think company A can still continue with the greencard process assuming employee will work for it when greencard is granted. Is that correct as greenc...

    Lucy’s Answer

    Employment through labor certification and I-140 petition is for prospective employment. So, yes your understanding is correct. Having said that, it is reasonable to question whether the prospective job actually exists: If company A has a real job that it needs to fill with the beneficiary, and the beneficiary has the ability to work for company A, but worked for company B, the existence of a real job may be questioned. Parties should be prepared to have a logical explanation for this and Company A must be prepared to to show the existence of the job though it seems to have done ok without filling the job with the beneficiary.

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  • I came to USA on L1B visa from Company A for 1 year duration i.e. up to July 2013. Can I apply for L1B to H1B transfer in April.

    I want to transfer my visa from L1B to H1B status. I have contacted Company B for the visa transfer, and they said, H1B visa CAP has been completed for this year. Also, they said they will apply for the next year in April. Visa transfer process w...

    Lucy’s Answer

    If you don't have an attorney yet, you should seriously consider hiring one to help you through this process. In very general terms, yes it is possible to have company B file a petition for you requesting consular processing. In that situation your departure from the US should not affect the pending petition. Assuming all goes well, you should be able to obtain your H-1B visa abroad and enter with it sometime in September to start the job October.
    This information is general in nature and is not to be construed as legal advice. Hire a lawyer.

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  • Does my grandmother need to take the citizenship exam?

    A few years ago my grandmother took and passed the citizenship exam. However her application was denied because she was not in the country long enough. She wants to apply again for citizenship but does not want to take the exam again. Can she do t...

    Lucy’s Answer

    I agree with the attorneys who have answered your question. What I can add is that there are rules for long time residents over certain ages that allow them to take the civics exam in their native language. In case learning the civics information is a concern for your grandmother, you may want to consult a lawyer with information as to the age of your grandmother and the length of time she has been a resident.

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  • How can my husband get a leagal residence if i am u.s citizen

    my husband was arrested for a froud he is in prission right now but when he finish the time in jail they are going to deport him i want to know if i have a chance to fix the papers and stop the deportation because i am his wife and i am a citize...

    Lucy’s Answer

    A lot more information is necessary here. You really need to consult with an experienced attorney in your area. Manner of entry into the US, nature/amount of fraud, etc. etc., are all necessary information for the attorney to determine if a waiver for fraud is available, and if your husband can gain lawful permanent resident through your petition.

    Lucy Avedissian
    766 E. Colorado Blvd., Suite 204
    Pasadena, CA 91101
    626.792.0800

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  • I am married to a us citizen for over ten years first filled out forms in 2001 only to find out he never submitted them

    The marriage was verbally and mentally abuse no police reports but a lot of witnesses, separated because it became very stressful and end up with kidney ailaure due to high blood pressure, has now been on dialysis for 7 years can not return to my...

    Lucy’s Answer

    Consult with an immigration attorney who is experienced in the area of VAWA to see if you qualify. A U visa may also be potentially available but you really need to sit with an attorney who can elicit all of the information and give you a proper assessment. You don't want to go to someone who is not an expert in these areas, certainly not a non-lawyer. And you want to make sure that you will not be doing more damage than good by applying for a relief for which you are not eligible,

    Lucy Avedissian
    766 E. Colorado Blvd.. Suite 204
    Pasadena, CA 91101
    626.792.0800

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  • How do you read a green card

    how do you read a green card that doesn't expire like the poe it just says los what does los means?

    Lucy’s Answer

    There was a time when the CIS (at that time, the INS) issued permanent resident cards that did not have an expiration date. People who have these cards are 'encouraged' to replace them with the newer cards that have all the security features. To the best of my knowledge, there is no requirement that the cards be exchanged for the newer ones.

    Port of Entry (POE) indicating LOS means the person immigrated or adjusted status in Los Angeles.

    Lucy Avedissian
    766 E. Colorado Blvd., Suite 204
    Pasadena, CA 91101
    626.792.0800

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  • Extension h 1 b beyond 6 yrs with current employer while perm, i-140 filed by future employer

    I have a friend (Indian citizen) on H1B visa with employer A, he has a future employer B filed his PERM and got approved and I-140 approved 7 months ago he is in 5th year of H1B. Both position with A and B employer are similar in nature. 1. If h...

    Lucy’s Answer

    Green card process through employer A requires a filing of a new labor certification, and I-140 approval.
    Generally one is able to obtain extension of H-1B beyond the six years, in increments of one year, if 365 days have passed since filing of a labor certification by any employer.

    The above is general information and not legal advice. This area is very complex and nuanced and your friend should consult with an experienced immigration attorney who can analyze all of the relevant issues, some of which are latent and not obvious.

    Lucy Avedissian
    766 E. Colorado Blvd., Ste 204
    Pasadena, CA 91101
    626.792.0800

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  • Can I fly within the U.S?

    I hold a Mexican Gov. Issued passport, no visa, obviously Im undocumented, came here as an infant. Ive been told flying from Domestic Airports is safer, than using international airports? I would love to take my son to new york city to visi...

    Lucy’s Answer

    As an analogy, I know that passengers in domestic buses (not even close to the border) have been checked by ICE.

    I have heard that airlines are required to provide lists of passengers to Customs and Border Protection. Whether that applies to domestic flights as well, I don't know. One thing I know is that there is no consistency in the way DHS treats cases.

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  • Can I apply for an E-2 visa if I have a brother who filed my green card application?

    I read E-2 is not what is known as a "dual intent" visa. So if my brother has filed a petition for me, does it hurt my chances even though the green card will not be available for years? Also in Pakistan, and the consulates seem to be very diffucu...

    Lucy’s Answer

    A nonimmigrant intent should be sufficient at the time of applying for E-2 visa. The consulate may raise the issue, however, consulate may be reminded that a petition by a brother will not come to fruition for many, many years, and in the interim, one may legitimately hold an intention to depart at the end of each E-2 entry.

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