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Ronald Jeffrey Tasoff
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Ronald Tasoff’s Answers

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  • Applied for marriage based green card then learned I am still under J1 restriction - will the USCIS deny my application

    I got married and recently applied for green card in the US. I just learned because I'm still under the J1 restriction, my green card application won't go through. I was wondering what would happen to my application? Will the USCIS simply not acce...

    Ronald’s Answer

    I assume you are referring to the 2 year foreign residency requirement that some J-1 exchange visitors are subject to. It is CIS policy to deny the adjustment of status application if it is filed prior to either:
    1. satisfying the requirement by being physically present in your home country for 2 years

    OR

    2. obtaining a waiver of the requirement (I-612 approval).

    Basically you are inadmissible - just like someone who came illegally to the U.S. or has a serious criminal record. You need to see a qualified immigration lawyer if you intend to apply for the waiver. It is a very complex area of law and one of the most difficult waivers to get approved if you cannot get your home country to give you a "no objection letter". There is also a good chance that when your adjustment of status application is denied it will be referred to the immigration court for removal proceedings which could further complicate your case.
    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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  • CITIZENSHIP APPLICATION N-400 PART 8 SECTION F-2

    hello I need some help regarding the question in part 8 section F-2 of n-400 regarding prior spouse immigration status, I am divorce for 6 yrs. and my ex husband is illegal alien or out of status when we still together. but now I have no idea wha...

    Ronald’s Answer

    You can answer that question: "Unknown".

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  • Can I Renew My L1 Visa In USA?

    My L1 Visa expired on Feb, 2013. I got my I-797 in April, and I want to know can I renew my visa (and my son's L2) in US, without going back to our foreign country? If so, what do I need to do and approximately how long does it take?

    Ronald’s Answer

    I assume you are referring to the visa stamp in your passport - not the petition which sets the period of your L-1 stay in the U.S. A visa cannot be issued or reissued in the U.S. (Once upon a time it was possible through the State Department in DC).

    So your best bet, if you're eligible is to apply for the visa at a nearby American Consulate in Mexico (Tijuana) or Canada (try Ottawa if Toronto and Vancouver are too booked up). Each post has its own rules about 3rd county nationals, so read the rules on the Consulates web site. Remember, if the visa is refused or denied you will have to to back to your home country and apply there before you can return to the U.S.

    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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  • Does it matter who petitions for divorce for the VAWA petition by the immigrant to remove conditions through waiver I751

    thanks!

    Ronald’s Answer

    The question is confusing since I-751 and VAWA petitions are different critters that only relate to each other in the sense that they involve green cards and domestic relationships. However, it should not make a difference who is the petitioner as long as the marriage was bona fide.

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  • Regarding H1 extension in Premium processing

    My Perm is in appeal (Motion to reopen) and was applied 3 weeks back. I will complete 6 years in H1 on July 9th 2013. My company is planning to do my 7th year h1 extension based on Perm pending for 365 days. Kindly advice me whether my employer ne...

    Ronald’s Answer

    At the time that you 7th year extension is adjudicated your PERM application must either be approved or pending. Obviously, you would want to have the extension approved as soon as possible in case your motion to reopen in denied since if that were to occur you would no longer be eligible for a 7th year extension unless you were able to file an appeal to BALCA which also cost money as well. So, if it were me (and not my money), I'd always go for Premium Processing.

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  • Can a person apply for legal residency after crossing the border using someone else's birth certificate ?

    Someone wants me to help them with their residency application. They want me to say they live with me and I help support them. But I don't. Also, when they crossed the border using another persons birth certificate, they were finger printed and sw...

    Ronald’s Answer

    • Selected as best answer

    No one should ever lie on an application or document submitted to the government. It is a crime. The person who wants your help should see an immigration lawyer since what they want to do could get them arrested if the facts are as you states. A false claim to U.S. citizenship carries one of the harshest penalties in immigration law - permanent inadmissibility and a bar to most immigration benefits. It is also a felony under federal law. Very serious stuff if you're caught!!!

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  • Potential consequences of being out of status for 8 months (as a student)?

    I've been in US for over 3 years. I fell out of my student status in October 2012. I enrolled back to school in January 2013. In March I applied for the reinstatement of my status. Now I'd like to withdraw my application. Can you please tell me wh...

    Ronald’s Answer

    Although F-1 or J-1 students in "D/S" (duration of status) status do not accrue "unlawful presence" (a defined term) you are "out of status" and cannot change your status while in the U.S. to another nonimmigrant status such as O-1 (which, by the way, aint that easy to get). If you were to go abroad and apply for a new nonimmigrant visa (tourist, O-1, F-1 etc.) the fact that you fell out of student status and remained in the U.S. may become an issue - although it is not a permanent bar if you are in "D/S" status. This is really tricky stuff and you really should see a qualified immigration lawyer immediately. As a general rule, you will be better off if you can get your student status reinstated and then apply for a new status (such as O-1).

    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

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  • What's next?

    I had my interview for N-600 couple of days ago and they were asking us to send proofs that I was in the physical custody of my dad. And the consul said that after we send that, they'll be giving us the final decision. Do you think we have a big c...

    Ronald’s Answer

    Cant evaluate your evidence - but if its good (school records, medical records, tax returns etc.) then probably. at least you don't need to submit dna test results.

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  • Permanent resident/ registered & voted 9 yrs ago by mistake . Now want to file N400. Does he fit the 5 years statutory period?

    In June 2004, I got my permanent resident card. At local library, election booth offered me to register to vote. I didn’t know if I could as I came to the USA 2 months ago & I don’t even speak Eng./understand. I showed my green card & ID. She said...

    Ronald’s Answer

    If you file the N-400 stating that you made a false claim to U.S. citizenship and voted in an election there is a high probability that your naturalization application will be denied and you will be put in removal proceedings. There are very few effective defenses to false claims to citizenship charges and no waivers. There may be a possibility of cancellation of removal if you qualify.

    YOU MUST SEE A QUALIFIED IMMIGRATION LAWYER BEFORE YOU PROCEED WITH ANY APPLICATIONS TO CIS OR ANY OTHER GOVERNMENT AGENCY THAT YOU MADE A FALSE CLAIM TO U.S. CITIZENSHIP.

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  • H4 Receipt Notice received - Does that mean H1 is selected in lottery?

    My Husband's H1 was filed under lottery this year. H4 for myself was filed along with it. Today I received the receipt notice for COS to H4. Does it mean that the H1 petition has been selected in Lottery?

    Ronald’s Answer

    • Selected as best answer

    Assuming they were filed together my GUESS is that your husband's application was chosen.

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