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Ronald Jeffrey Tasoff
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Ronald Tasoff’s Answers

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  • My request for b2 visa has been denied because I previously came to the US with a b2 visa and applied for asylum.

    Can I apply for a 601 waiver with USCIS? I am currently living in China. What other waiver can I apply for in order to return to the US? I have no USC or LPR relatives

    Ronald’s Answer

    It sounds like you were denied an a "intending immigrant" (section 214(b)). In other words, the last time the American Consulate gave you a tourist visa you came here and instead of leaving (as you claimed you would) you applied for asylum. You do not need a waiver (there is none) - you have to convince the Consul that you will leave the U.S. after your stated purpose (going as a visitor for business or pleasure) is over. It will be difficult to convince them of this and the burden of proof is on you.

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  • Marriage while the asylum case is pending?

    Hello. I will be grateful for any advice. Ive an asylum case pending, but the date of the interview is not set up yet. Me and boyfriend are planning to get married in a month. Should I close my asylum case before or after our marriage?

    Ronald’s Answer

    First, I assume your fiance is a U.S. citizen and you are eligible for adjustment of status (e.g.: you came here legally even if you overstayed). I would advise you not to withdraw your application for asylum until your application for adjustment of status (green card based on your marriage to a U.S. citizen) has been approved. In fact, that can be done at your marriage case interview. Too many times I've seen marriage cases not work out - so don't give up your rights - you may not be eligible to refile for asylum if you withdraw it now and later change your mind since usually youmust file your asylum applications within 1 year of entry.

    However, if you are scheduled for an interview at the Asylum Office MAKE SURE TO GO TO IT AND EXPLAIN YOUR SITUATION. If you don't show up you will be put in removal proceedings and the case will take much longer and be far more expensive.

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  • Received conditional green card Oct 2010 and permanent/non con green card 9m ago (June 2013}. When can I apply for citizenship?

    Me and my wife {American} are married since June 2010. I got my conditional Green card within 4-5 month {Oct-Nov 2010} for 2 years. On June 2013 I received my Permanent Residence card for 10 years. If I stay married, when can I apply for a citizen...

    Ronald’s Answer

    You can apply 21 months after the date you became a conditional permanent resident. That date is on your green card - resident since.... My guess from what you indicated would be that you could have applied anytime after July or August of last year. So apply now! (Note: you have to be residing with your U.S. citizen spouse to qualify for 3 year waiting period - otherwise it is 5 years - around July 2015).

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  • Apply for I-140 right now or wait?

    I am an aged out derivative of an F4 petition. I am still awaiting for the supreme courts decision regarding the CSPA retention of priority date case and I am optimistic that it will be on our favor. My question is, would it better to apply for an...

    Ronald’s Answer

    I always tell my clients that they should do all they can as soon as they can as long as there are no adverse factors. Of course, that might result in you paying additionaly filing fees and other expenses (lawyer fees?) that you might have avoided by putting "all your eggs in one basket". You are fortunate that you legally qualify for permanent residency through more than one legal channel. Knowing what can happen to cases that are on appeal, I would strongly suggest you start your "I-140" case as soon as possible. (P.S.: You might want to read about the "Philippine War Vet" cases - which went to the U.S. Supreme Court twice and took several decades to become settled law. By that time many of the people who would have benefited from the final Supreme Court decision had died.)

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  • My petitioner was asked to fill out an AOS but I will have a joint sponsor. Do both of them need to fill out an AOS? ---F2A Visa

    the NVC recently sent us an email requesting an AOS from my petitioner bus as she hasn't had a job lately we will have a joint sponsor who has enough income to be our sponsor. We are really confused about which AOS to send I-864, I-864W, I-864EZ....

    Ronald’s Answer

    • Selected as best answer

    The petitioner must always file an affidavit of support - even if there will be joint or co-sponsors.

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  • How can I find out how many work credits my soon-to-be ex wife has? She's a permanent alien and we're in the middle of divorce.

    I know I have responsibilities as her sponsor, but I also know those are done with after 40 work credits. We have been married over 10 years and she has worked 99% of the time. Is there any way I can find out, as her sponsor, how many she has worked?

    Ronald’s Answer

    Good question. Wish I knew the answer. I don't think that Social Security is allowed to release that information without her consent. Guess you could ask her to ask the SSA. Also, if you are in divorce proceedings you may be able to get that type of information as part of discovery - really not sure - ask your divorce lawyer. If it makes any difference, Affidavit of Supports are rarely enforced - at least by government entities. However, there is some case law allowing the alien former spouse to sue their Ex and get support based on the affidavit of support (e.g.: your Ex wife can sue you!).

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  • I m coming soon to USA to study master law (LLM) ,under student visa,can I apply for green card soon I get my degree (LLM).?

    I have my bachelor law from my original country , if no ,there any option to stay in the USA after that?

    Ronald’s Answer

    Assuming:

    1. The Employment Based 2nd Preference (Professional Level Worker/Job requiring an advance degree) quota is "open" for your country of birth (only backlogged countries now are China and India) :

    2, You have an advance degree (like a J.D.);

    3. You were in legal nonimmigrant status, such as F-1, J-1 (not subject to 2 yr. residency requirement), F-1 Post Completion Practical Training;

    4. You had an employer with an office in the U.S. who would sponsor you by offering you a job that normally requires an advance degree (such as lawyer or international legal consultant);

    5. You had any required licences (admission to state bar association for a lawyer, none for a professor of law, etc.);

    Your sponsoring employer could file a I-140 Petition for Employment Based 2nd Preference and you (and any dependents) could file I-485 applications for adjustment of status.

    The path many people take is graduating their degree program, getting 1 year of practical training employment authorization (part of the F-1 visa which requires a separate application prior to graduation) an H-1 visa if necessary, and then finding a U.S. employer to sponsor them with a permanent job offer for a position that normally requires and advance degree which that person possess or has a foreign equivalent or bachelors degree plus five years of progressive experience.

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  • Married to us citizen, green card application

    I am from the uk but soon to be married to a us Citizen. my question is when we file for the green card, what is the difference between going back to the uk, going to the London embassy and having the interview there? (is this the same process as ...

    Ronald’s Answer

    Assuming you are legally qualified, most lawyers prefer processing the case at the client's local USCIS Field Office through adjustment of status proceedings for at least 5 important reasons:
    1. Its faster (for a clean case, 4 to 6 months for adjustment vs. 6 months to a year for an immigrant visa);
    2. The client can receive an Employment Authorization Document within 90 days of filing the application thereby allowing the client to work in the U.S., get a social security number, driver's license etc.
    3. The attorney can be present at the interview and have a face to face discussion with the USCIS officer conducting the interview (attorneys are not allowed to attend immigrant visa interviews at the Consulate or Embassy);
    4. If additional documentation, checks, clearances or investigations are necessary before the application can be approved then at least the client is in the U.S. with employment authorization while the final processing is being done (which can take a few day to many months);
    5. The law gives Consuls very wide discretion and judicial review is nearly impossible (e.g.: they are like immigration "gods") whereas in adjustment of status proceedings the client can file appeals all the way up to the U.S. Supreme Court while remaining legally in the U.S. until a final decision is rendered (which can take several months to many years).

    I think that answers your question.

    Ron Tasoff
    Certified Immigration Law Specialist*
    Law Offices of Tasoff and Tasoff
    16255 Ventura Blvd. Suite 1000
    Encino, California 91436
    (818) 788-8900
    ron@tasoff.com
    www.tasoff.com
    *Immigration and Naturalization Law Specialist, California Board of Legal Specialization

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  • No decision after I485 interveiw (case is being held for file review)

    I'm applying for permanent resident status based on marriage. I'm is currently in the US on F1 visa, my husband and me filed the I-130 and I-485. We just had our interview yesterday (11/20), the interview itself went well but the interviewer d...

    Ronald’s Answer

    Sounds like the I-485 was approved. You should be getting written approval notice in the next week or so. Congratulations!

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  • What does it mean if your visa is stamped "cancelled with prejudice"?

    entry was denied at the port pursuant to INA Section 212 (a)(7)(A)(i)(I) and visa was subsequently stamped with "cancelled with prejudice". how likely is it that another F1 visa can be issued and can reenter the country?

    Ronald’s Answer

    Depends on why they cancelled your visa.
    However, it will be more difficult than had it not been cancelled.

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