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Ronald Jeffrey Tasoff
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Ronald Tasoff’s Answers

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  • I was approved for a green card but left the US can I continue with the process?

    My dad petitioned me in 2001 I received the notice in 2003 and left voluntarily the US in 2005. My dad is a Citizen, the status of the petition is Post Decision. I live in Tijuana, Mexico. Is there a way I can continue with the process, or is it l...

    Ronald’s Answer

    Need to know more. Assuming you are over 21 you are either under the Family Based 1st Preference (if unmarred) or 3rd if married and there is a "quota" that control when you will be eligible to obtain an "immigrant visa" (green card). However if you lived illegally in the U.S. for over 180 days you will need to get a waiver (and that was the only time you were in the U.S. illegally). This is a complex case and you should see a qualified immigration lawyer (you can do it by telephone).

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  • Now that the law has changed what is gonna happen with the people that is still waiting to get recidency?

    So now people that marry USA citizen to get their status fixed are gonna go to their country for short period of time to get their visas what's gonna happen with all the people that are arlready waiting there? Are they gonna benefit from that new ...

    Ronald’s Answer

    There has been no change of law, only procedures. Now you can file the I-601A waiver before your interview at the consulate abroad (if you qualify) instead of after the interview. In theory, it should take the same amount of time to process whether you live in the States or abroad. The difference is that applicants in the U.S. are in the U.S. Note, the procedure does not affect the applicants immigration status. They still remain in undocumented status and (in theory) can be removed (deported) subject to ICE prosecutorial priorities. That means that there are probably some people who will apply for the waiver and end up getting deported - for instance, if they have a "serious" criminal record. This is why it is important to get competent legal advice before you file the I-601 - besides, the waiver is not as simple as it looks - it is NOT just filing out a form and paying money. It has to be properly documented. However, the issue of fairness that you question implies is very relevant to the debate regarding comprehensive immigration reform. What do you do with all the people who have been waiting abroad all these years for quota numbers vs. those who are waiting here illegally? Answer: Fix the quota system.

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  • Is it legal to apply for a regular tourist/ business visa if your spouse filed I-130 petition? (green card holder only)

    I am a green card holder, not yet a us citizen yet. My wife's petition I-130 still pending (maximum 2 more year to wait). My wife can get a business visa (could be a multiple visa) to USA from her job. Is it possible to adjust her status if she co...

    Ronald’s Answer

    You can try, but make sure she tells the truth on the nonimmigrant visa application in regard to relatives living in the U.S. If she can convince the consul that she will return to her "unrelinquished domicile" (home) abroad prior to when her legal stay expires, even though she is on the F2A waiting list, she can be issue a visa (google " dual intent doctrine". But it will be difficult to do depending on what country is from. This would not be a problem if she applied for an H-1B visa. In regard to adjusting status after she comes to the u.s. as a business person.... you should discuss this with an immigration lawyer since her intent when she enters the country is a critical issue.

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  • I am scared to apply for my US citizenship. Me and my daughter got our ten year permanent green cards in 2007.

    I married a US citizen and decided to file my petition after 2 years. The interview was grueling but since we filed for my adjustment of status after two years, Me and my single unmarried below 21 years of age daughter (at the time) got permanent ...

    Ronald’s Answer

    As long as the marriage was not entered into for immigration purposes and no third party, other than a lawyer, was paid to arrange the marriage then you should not have a problem as far as the law goes. I doubt if the issue would ever even come up. You should apply for citizenship if you are otherwise qualified.

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  • Scheduled for the marriage interview, Does my citizen husband need birth certificate?

    We have the marriage interview coming up in couple of weeks. list of documents to bring with us does not mention that my husband who is a Pakistani-American living here for twenty plus years and sponsoring me, has to bring in his birth certificat...

    Ronald’s Answer

    Your husband only has to prove he is a U.S. citizen, so his U.S. passport or naturalization document is sufficient.

    If he had been born a U.S. citizen, then his birth certificate would also be acceptable. Maybe this is what your friend did.

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  • Can I change my visa status from J to HB during a pending I - 140

    In on a J visa and planning to file a current i140 . Can i change my visa status to H B when my I140 is pending

    Ronald’s Answer

    Yes, assuming you are not subject to the 2 year residency requirement of 202(e).

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  • Can you leave for three weeks ,I mean out of US,after filing N 400

    After filing N 400 application can you still travel for 3 to 4 weeks out of US and come back . I read somewhere that you have to continuously stay after filing your application .

    Ronald’s Answer

    • Selected as best answer

    I have no idea how this mis-information got spread around since you are not the only person who has asked that question. Filing the application changes nothing. You can travel as much as you want provided:
    1. You show up to have your biometrics done;
    2. You show up for your interview at CIS; and
    3. You show up for your swearing in ceremony.
    All, of course, happen here in the U.S. at your local CIS office / District Court.
    The only possible issue that could be affected by travel is losing days of "physical presence" in the U.S. Remember, you need to show that you were physically present for half the required statutory period - 5 years for most permanent residents, 3 years for those married to U.S. citizens, none for members of the armed forces. And you must have the required number of days on the date of filing, your interview and the date you are sworn in. So if you are close to the 2.5 years of physical presence (1.5 for spouses of citizens) then you don't want to lose eligibility by staying out of the U.S. after you file the naturalization application. Most people don't have to worry about this.

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  • F1 student with OPT /getting married

    I am F1 VISA and I have received myOPT (EAD) card after graduation last summer. It won't expire till September 2013. I am going to apply for marriaged based green card since I got married with a U.S. citizen last month. Do I need to fill out i-...

    Ronald’s Answer

    When you pay your filing fees for the I-485 it includes the I-765 fee (like it or not!), so if you include a completed I-765 (a one page form) you'll get a new EAD valid for a full year. You probably wont need it if all goes well with your green card case since you hopefully will have your green card by September. However, if there are delays in the processing of your case, you might be happy you applied for the second EAD which will be valid for another 6 months or so after your current EAD expires. Its up to you but its just one piece of paper so go for it!
    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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  • I-130 Family Petition, Service Center Transfer Question?

    Hi, I'm in CA, currently with a F1 Visa, my mother who is permanent resident want to file a petition for me as an unmarried son over 21 (I'm 24 years old). I just checked the CSC (California), and they take almost 2 years to answer a petition, ...

    Ronald’s Answer

    Since that quota is backlogged to 12/08/04 (for January 2013) - and even longer for people born in Mexico or the Philippines - they are not given very high priority. I would strongly suggest you see and immigration lawyer to see if you can qualify under a better preference or category. Since you are an F-1 student you probably have (or will have) education and job skills that would qualify you for a faster way to immigrate to the U.S. (However, your mother should file the petition for other reasons that an immigration lawyer can explain to you.)

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  • Visa denied due to petty theft- section 212(a)(2) (A) (i) (I). Will i qualify to re-apply by Petty offense Exception?

    I am on H1-B work Visa, I came back home , Sri Lanka for an emergency and when i went to the embassy to get my Visa Stamped to go back, they refused to issue visa due to a convicted crime involving Moral Turpitude under section 212(a)(2) (A) (i...

    Ronald’s Answer

    In theory, yes.
    However, they could also deny the visa for fraud (you lied about being arrested). Although there is a waiver for that as well it is discretionary. The reason you gave as to why you answered "no" would probably not convince the consul that your misstatement was not willful or intentional. Once there is a fraud finding it remains on your record for life.

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