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Ronald Jeffrey Tasoff
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Ronald Tasoff’s Answers

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  • I was selected in this year's H1B Lottery. Does getting married before H1B approval and stamping have an effect on the petition?

    After a long year of planning, I am planning to get married this May 2015. Employer told me my petition was selected for H1B this year. I was filed as 'single' during the application process, but now I wanted to continue the plans and get married....

    Ronald’s Answer

    Actually, it really doesn't matter when you get married. Many times I have obtained H-4 visas for a newly acquired spouse of someone who was already here in H-1B status. However, it would be far more convenient if at the time you apply for your H-1B visa you also applied for your new wife/husband's H-4 visa. BTW, you don't have to inform USCIS that you are married for 2 reasons: 1. Technically the petition is filed by your future employer ("sponsor") so you have no standing to change or amend the petition and 2. There is no question regarding your marital status (let alone name of spouse etc.) on the I-129 Petition your future employer/sponsor filed!

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  • Citizenship and traffic tikets

    citizenship and naturalization police officer gave me 4 T. tickets at same time speeding,unsafe movement, passing yellow line and reckless driving ,i was charge with reckless driving and they dismissed all other 3 tickets per plea to reckles...

    Ronald’s Answer

    Not sure by what you mean by the word "kites". I believe the legal term you are referring to is "charges". Also the word "sham" (which means "fake" and usually refers to marriage cases where someone get married only for the green card - which is illegal) seems to make sense if you use the word "conviction". So the answer to your question is that in most cases charges and convictions stemming from the same incident (arrest) count only as one conviction for the most serious offense under immigration law. Usually traffic infractions like speeding or running a stop sign are not "convictions" and do not affect your record. However, some convictions that may occur while driving a vehicle such as driving under the influence (DUI) and in some cases "reckless driving" (when it involves alcohol or drugs ) are charged as misdemeanors and can negatively affect your immigration record. So you really should check with a lawyer in your particular case whether what happened to you in court will affect your immigration status. Also, certain convictions don't count for some types of applications (e.g.: a single DUI after probation has been successfully completed wont affect your eligibility to become a U.S. citizen but will negatively affect your eligibility for DACA status). So your immigration lawyer should know about any contacts you had with the police. If you don't remember the details usually you can get your "criminal history" form the California Department of Justice ("Live Scan") or from the FBI.

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  • I-485 filing with the previous approved I-140

    Can i file I-485 with the company B(I-140 is approved with this company) with out having H1B with them and working with the company A

    Ronald’s Answer

    • Selected as best answer

    Yes you can. However, you may be questioned on why you are being sponsored by company B when you are working for company A. In other words, is there a bona fide job offer from company B? There may be a very good reason for this, however the fact that you didn't "port" you H-1B to company B could bring up questions as to whether this is an "accomedation case".

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  • Can I apply for an adjustment of status? and I am an immediate relative of my husband I just got married to under a visa waiver?

    Hello, I am French and I arrived to America on a visa waiver to visit my friend who is an american citizen. We fall in love and got married within 60 days of my arrival . Does it make me an immediate relative? Can we apply for adjustme...

    Ronald’s Answer

    Yes, you should be eligible. I would be advisable (but not necessary) if you could file your application before your stay expires (90 days after you arrived). You may also want to google the words "preconceived intent adjustment of status".

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  • How would I know if there is a record on file against Me/Green Card?

    Approximately 25 years ago in back in 1987-1988 I went on a road trip with my girlfriend and her family to Tijuana Mexico to visit my girlfriends mom's friends. On our return to Los Angeles, my girlfriends mom's friend decided she was going to ri...

    Ronald’s Answer

    If you were fingerprinted (I assume all 10 fingers) there probably is a record and you can also access some basic information about the incident by getting a copy of your FBI "identitiy history" criminalhttp://www.fbi.gov/about-us/cjis/identity-history-summary-checks/submitting-an-identity-history-summary-request-to-the-fbi There may be some indication as to the final disposition ("no charges filed", referred to U.S. Attorney" etc.). There also may be a file number that you were not aware of associated with you or the incident. It will probably come up during your interview so you should be prepared to deal with a response (e.g.: you were unaware of the lady's immigration status, etc.) You were lucky they didn't confiscate your car - but the fact they didn't would indicate that they believed that you were not part a scheme to bring her to the U.S. illegally. Since knowingly bringing a person illegally into the U.S. is a deportable offense (even if there is no conviction) you should definitly have a lawyer represent you and appear with you at your naturalization interview if you decide to file an application after review your FBI and FOIA responses.

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  • I am an artist with an O-1 Visa and want to get a green card.

    Do I need additional qualifications and/or documentation to get the green card or is having a O-1 Visa sufficient. How do I get started?

    Ronald’s Answer

    • Selected as best answer

    Although the criteria sound very similar as a practical matter USCIS is more critical and restrictive in granting the EB-1 "alien of extraordinary ability" classification. See attached.

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  • Which law or bill is it?

    Which immigration law forgives illegal employment for less than 6 months when adjustment of status for greencard is through employment? I remember reading this before, but I forgot which Bill or law it was. I do not think I'm talking abou...

    Ronald’s Answer

    Section 245(k) of hte Immigration and Nationality Act which states: (k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

    (A) failed to maintain, continuously, a lawful status;

    (B) engaged in unauthorized employment; or

    (C) otherwise violated the terms and conditions of the alien's admission.
    See http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-7406.html

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  • Wanting to apply for E2. I have a corp set up but don't have any sales yet. Spent 20K in materials and signed office lease

    I am a service business (we run yoga/dance teacher retreats/intensives with choreographers who have worked with celebrities ie. JLo's choreographer) so the start up costs have not be close to 100K. I have paid the rent already for my office space...

    Ronald’s Answer

    I always tell my clients that applying for an E-2 (Treaty Investor) Visa is like applying for a bank loan for your business. The bank doesn't want to give you a loan unless they know you have a successful business but you dont want to (or cant) build up the business without the loan. Same with the Consular Officer reviewing your application. There is no requirement that the business be operating or have any employees - but new businesses (as opposed to established businesses) are closely scrutinized by the Consulate. A formal business plan (done by a professional) is almost always a good idea for new businesses. There are other things you can do as well to build up your case and your supporting documentation. E-2 visas are wonderful - they can be renewed indefinitely and are very flexible (e.g.: you can change investments, bring in new managers or executives from abroad if same citizenship, etc.) However they are one of the more complicated visa categories and a properly prepare application for a first time applicant must be very well documented to be successful. I STRONGLY recommend you retain a qualified immigration lawyer to assist you. In many ways, like a bank loan, you want to go with all you got since you might not get a second chance to do it right.

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  • Can I apply for citizenship with the DUI I got in 2011

    My privation time was 18 months and I complete all the clases

    Ronald’s Answer

    Assuming that you have successfully completed your probation than it should not be a problem. I am assuming that it was a simple DUI and that you have no other criminal convictions. You will have to mention it on your application and provide a certified copy of the "docket sheet" (record of conviction) from the court at the time of your interview.

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  • Can I go to a different state within the duration of my stay (e.g. weekends or a week) if I only have a B-1 visa?

    I got a B-1 visa with annotations 'B in lieu of H' and the company where I am affiliated with and its location. Will it be possible for me to travel to a different state by plane in case I want to travel for pleasure during my stay?

    Ronald’s Answer

    Immigration status is based on federal law (not state laws) and you can travel anywhere in the United States (including Alaska and Hawaii).

    However, you may want to bring your passport with you since you will need a government issued document to board a plane and it also will serve as your proof that you are in the U.S. legally.

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