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Lynne Rogers Feldman's Answers
- 1,418 Legal Answers
- 4 Legal Guides
2
Attorney answers:
About how long does the NVC process take for a US citizen w/ an approved I-130 petition for a spouse until the Visa is received?
Our experience is that the Fee Bill comes in a couple of weeks after I-130 apprvoal (if not you need to check on it) and the request for documents comes about two weeks after that. If you have anticipated this timeline and have all of the signed documents in the file with original supporting documents then you can submit the day you get the request. If the case is document ready before the 15th of the month then interview will be scheduled the following month; if after the 15th then will be...
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3
Attorney answers:
E2 visa status change
I agree with Carl that the consulate cannot cancel your status but you lose the status when you leave the U.S. I believe hi slast sentence is missing a "not" and he means you cannott return to the U.S. in that classification. While in the U.S. the tear-off I-94 is your evidence of status. When you leave the U.S. to attend the consular interview you surrender your I-94 card and evidence of status and will need a new visa to get back into this status. Lynne R. Feldman, Attorney at Law...
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4
Attorney answers:
Is it possible to carry over your EB3 priority date if you decide to transfer to another employer?
As long as you have an I-140 approval notice then any subsequent I-140 with that employer or even a nnew employer can recapture the locked-in Priority Date. Lynne R. Feldman, Attorney at Law Concentrating in Immigration and Nationality Law 2221 Camino Del Rio South, Suite 201 San Diego, CA 92108 phone: (619) 299-9600, facsimile: (619) 923-3277 email: lynne@feldmanfeldman.com website: www.immigrateme.com Formerly Adjunct Professor -- Immigration law University of Illinois...
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6
Attorney answers:
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If I file a BIA notice of appeal
I agree -- this is not something you want to tackle without legal representation. Yes, it is always a good idea to include a complete copy of the underlying Denial and any other relevant documents to the appeal. Lynne R. Feldman, Attorney at Law Concentrating in Immigration and Nationality Law 2221 Camino Del Rio South, Suite 201 San Diego, CA 92108 phone: (619) 299-9600, facsimile: (619) 923-3277 email: lynne@feldmanfeldman.com website: www.immigrateme.com Formerly Adjunct...
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3
Attorney answers:
On which stage priority date must be transfere
If your I-140 was approved then you can think of this as locking in your Priority Date. The new company files a new PERM for you which can be for the same or any other classification (maybe you now aqualify for EB-2 for example). The Priority Date is irrelevant at the PERM stage but when you file the I-140 following the new approved PERM you request in the cover letter to recapture the old Priority Date (enclose a copy of the old I-140 Approval) and this new I-140 Approval will be in the...
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3
Attorney answers:
How long it takes to get green card after interview?
Typically these type of cases have to be reviewed by a Supervisor. If the arrest is a serious crime you shoudl also consult with an immgiration attorney. Another month is reasonable to follow up. Hopefully you got the name of the interviewing officer and then can make an INFOPASS to politely inquire on the status. alternatively you can call the 800 Customer Service #. Lynne R. Feldman, Attorney at Law Concentrating in Immigration and Nationality Law 2221 Camino Del Rio South, Suite...
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3
Attorney answers:
Why NVC Visa Bulletin F1 in 2011 turn back to 2005 They were very close to complete 2006?
The date he first filed is the date that matters and this establishes your Priority Date. The amount of time the I-130 was pending may help your children qualify as dependents even if they are over 21 when the Priority Date for FB-1 is finally current. We would be happy to assist you in the process and get your case ready for a current Priority Date but as you seem to know the finals stage cannot be filed until the Priority Date is current. Lynne R. Feldman, Attorney at Law...
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3
Attorney answers:
How can born abroad child of deceased US parent get citizenship?
I concur the child should still be entitled to U.S. citizenship but will need more facts such as whether the father was married to the child's mother, was the father's name on the birth certificate, amount of time the father spent in the U.S. after age 14 to determine the statutory basis. Lynne R. Feldman, Attorney at Law Concentrating in Immigration and Nationality Law 2221 Camino Del Rio South, Suite 201 San Diego, CA 92108 phone: (619) 299-9600, facsimile: (619) 923-3277 email:...
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4
Attorney answers:
Immigration
We would need to talk to her directly to find out the reason for her rejection. Usually a studnet visa is easier than a visitor visa but both require her to show nonimmigrant ties to her country and no intent to immigrate. If her student visa applications were twice denied she shoudl have been given paperwork showing why. Lynne R. Feldman, Attorney at Law Concentrating in Immigration and Nationality Law 2221 Camino Del Rio South, Suite 201 San Diego, CA 92108 phone: (619) 299-9600,...
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4
Attorney answers:
WHAT ATTORNEY SHOULD I HIRED FOR ENTERING THE US WITH FALSE IDENTIFICATION.
If you are being charged criminally you are likely to need both an immigration and criminal attorney to represent you before the separate tribunals (courts). You need to make sure the two attorneys work together and both know everythign about your situation. The most important criteria to look for in an attorney is competence in the field in whieh they are representing you. Not all immigration attorneys handle deportation cases on a regular basis and not all criminal attorney are familiar...
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