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Armen Gukasyan

Armen Gukasyan’s Answers

50 total


  • Biometrics appointment ?

    What exactly and specidically are the biometrics for on a i485?...does that mean uscis is waiting for that to start processing my case?

    Armen’s Answer

    To check your background, and to retain your biometrics (fingerprints & photo).

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  • I've been in US for 3.5 years as an F-1 student (non-degree programs). Does that negatively affect my chances of getting O-1?

    I'm an international student and I've been studying in Film school in various certificate programs. I'm transferring now to a cheaper college. I want to get certain credits to get my degree. I'm wondering if that can negatively affect my O-1 visa ...

    Armen’s Answer

    Yes, depending on your case strategy, your F-1 must be addressed in your O-1 petition. That said, note that the success of your O-1 would largely depend on your "extraordinary" achievements in "art directing" and the industry you will be working in. You should consult with a competent immigration lawyer whose expertise includes O-1 visa petitions.

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  • Marrying an out of status

    Hi. My girlfriend came here 5 years ago with a tourist visa, overstayed and found an employer. She is under petition by her employer right now. I'm an immigrant and planning of marrying her since it states on the visa bulletin under category f2a ...

    Armen’s Answer

    Unless she is grandfathered in to adjust her status in the U.S., she will have to leave the United States and apply for her immigrant visa at a U.S. consulate. However, it appears that she has accrued more than 180 days of unlawful presence, and her departure from the United States will render her inadmissible to the United States. Like my colleagues, I recommend contacting a competent immigration attorney to discuss her immigration matter.

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  • Can an employer accept a USCIS Welcome Notice as proof of eligibility to work in the US?

    An employee's Employment Authorization card expires 7/30/13. She has been approved for a Green Card, and has received her Welcome Notice. She has not received the card yet. Will the Welcome Notice be sufficient for the time being if the Green Card...

    Armen’s Answer

    Even though the fortunate "employee" is now a permanent resident and, thus, authorized to work, the USCIS Welcome Notice is not an acceptable form of evidence to show Permanent Resident status and eligibility to work in the U.S.

    Moreover, while I have no intention to spoil anyone's plans, the Employment Authorization card which has an expiration date of 7-30-13, has been revoked by operation of law. To show eligibility to work, until she receives the actual Permanent Resident Card, she must obtain temporary evidence of permanent resident status -- I-551 stamp, from USCIS.

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  • Reinstatement of the visa petition letter

    how to write reinstatement of the visa petition letter

    Armen’s Answer

    Additional information is needed to answer your question.

    Immigration Lawyer

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  • I just filled for my spouse who has a student visa.we planning to go to Africa for our traditional wedding.is it possible?

    Can he go out of the United States now?

    Armen’s Answer

    It depends on what you have filed. If you have filed a stand alone marriage petition, and your psouse wants to return to the United States to finalize the case in the U.S., then your spouse must also file applications for adjustment of status and advance parole. If advance parole is granted, then your spouse may travel to Africa and return to the United States to continue his/his permanent residency application . If an application for adjustment of status has already been filed with your marriage petition, then your spouse must apply for, and obtain, advance parole to be able to return to the U.S. to continue her application for adjustment of status. On the other hand, if he/she is intends to apply for an immigrant visa in Africa to travel back to the U.S. as an immigrant/permanent resident, then there is no need to apply for a travel document in advance. In any event, before your spouse makes any travel plans, he/she should consult with a competent immigration attorney.

    Los Angeles Immigration Attorney

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  • Should i fire are immigration lawyer & hire another or is he doing everything that is possible

    My boyfriend that i have been living with for alittle over 10 years & have 2 kids with him & my oldest son that his raised we are not married & his been here in US sense 2001 but has been convicted in 2007 for possisson of marijuana under 2oz did ...

    Armen’s Answer

    I agree with Attorney Shusterman.

    Los Angeles Immigration Lawyer

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  • Do all married couples get called in to do an interview for permanent residency?

    Hello. I am a US citizen and my spouse is undocumented. We are filing for her conditional permanent residency. Our immigration lawyer mentioned to us that not all couples in our shoes get interviewed after filing for conditional permanent residenc...

    Armen’s Answer

    Like Attorney Shusterman, I have never seen a marriage-based permanent residency case where the couple was not interviewed.

    Immigration Attorney

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  • I have applied for H1 visa extension , I got RFE today , I want to know that what are option if it gets denied .

    I did my master degree and I am on H1 for a year only.

    Armen’s Answer

    Generally, a decision denying H-1 petition can be appealed to the USCIS Administrative Appeals Unit. Like my colleague suggested, talk to your attorney to learn about your options.

    H-1B Nonimmigrant Workers

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  • Can H4 or dependent visa holder do Investment here?

    Are H4 allowed to invest in American stock markets though Fidelity/ Scot trade or foreign Exchange like Hot forex?

    Armen’s Answer

    Good question. H-4 nonimmigrants are not allowed to engage in employment in the United States. However, they are not prevented from investing money in the United States.

    There is a distinction between a "trader" and "invetsor."

    If the nature of your trading activities is deemed to be a business, then you may be found to be in violation of your H-4 status. Consult with competent tax and immigration counsel before you rely on this information.

    Immigration Attorney

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