Khoa Maxwell Nuyen’s Answers

Khoa Maxwell Nuyen

San Diego Immigration Attorney.

Contributor Level 5
  1. Can I type/help write a witness affidavit for immigration when my parents do not write in english well enough...I type faster

    Answered about 1 year ago.

    1. Giacomo Jacques Behar
    2. Andrew Marino Bramante
    3. Khoa Maxwell Nuyen
    4. Ingrid Arnalda Morfa
    5. Alexander Joseph Segal
    5 lawyer answers

    Yes. You may assist your parents in the preparation of affidavits, declarations, and supporting documents.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Help! Do I qualify for an I-601A waiver?

    Answered 11 months ago.

    1. Peter Corrales
    2. Anu Gupta
    3. J. Thomas Smith Ph.D.
    4. Jorge Luis Delgado
    5. Maria Estela Deorduna
    6. ···
    9 lawyer answers

    Please do not try doing a 601 waiver on your own. You're only asking for trouble.

    8 lawyers agreed with this answer

  3. What's the U.S. Law with a citizen marrying an immigrant with an F1?

    Answered about 1 year ago.

    1. Alejandro E. Garcia
    2. Giacomo Jacques Behar
    3. Wendy Renee Whitt
    4. Khoa Maxwell Nuyen
    5. Gen Kimura
    5 lawyer answers

    If your marriage is legit, you should have no problems sponsoring your fiance as a spouse (based upon the limited facts you provided).

    6 lawyers agreed with this answer

  4. My TN visa as a Management consultant is up in September. Is it possible to renew the same via, or will I need to reapply?

    Answered 3 months ago.

    1. Ajay Kumar Arora
    2. F. J. Capriotti III
    3. Maria J. Marty
    4. Khoa Maxwell Nuyen
    4 lawyer answers

    Yes, you may extend your TN status by having your employer file and I-129, or in the alternative, you can request another TN visa by going through a border checkpoint. Be advised, however, that the management consultant category is looked upon with suspicion and you should tread carefully. I have gotten many "renewals" in this category, and it was never easy or cut and dry.

    4 lawyers agreed with this answer

  5. I was "laid off" this week. I was being misclassified and my final paycheck was for less than the 76.93 hours I worked

    Answered about 1 year ago.

    1. Matthew P. Blair
    2. Patrick John Phillips
    3. Edna Carroll Straus
    4. Khoa Maxwell Nuyen
    5. Charles Hyunchul Jung
    5 lawyer answers

    Classifying an employee as an 1099 independent contractor is a common way for a company to avoid paying taxes, benefits, and overtime. However, there are strict rules on the application of this classification. I would most definite consult with an attorney about your situation.

    2 lawyers agreed with this answer

  6. Do I need to file Form I-130 in additon to Form I-485 after my fiancee and I got married to meet the 90-day requirement?

    Answered about 1 year ago.

    1. Alexander Joseph Segal
    2. Khoa Maxwell Nuyen
    3. Igor A. Voloshen
    4. Stephanie Scarborough
    4 lawyer answers

    You do not need to file a separate I-130.

    2 lawyers agreed with this answer

  7. Can i apply for a U Visa I suffer domestic violent, from the father of my daughter i did the report with the police

    Answered about 1 year ago.

    1. Alexander Joseph Segal
    2. Jesus Novo III
    3. Elliot M.S. Yi
    4. Khoa Maxwell Nuyen
    5. Anna Christine Fernandez
    6. ···
    6 lawyer answers

    It's also possible that you qualify for another form of relief, VAWA. However, you should consult with an immigration attorney because there are no black/white answers to your question.

    3 lawyers agreed with this answer

  8. Query Regarding Non Competent clause in Offer Letter

    Answered 12 months ago.

    1. James Carl Eschen III
    2. Michael Raymond Daymude
    3. Khoa Maxwell Nuyen
    4. Thomas Carson Walker
    4 lawyer answers

    The answer to your last question is yes, your employer can sue you. Will he/she prevail is a different matter. That being said, I agree with the other attorneys that non-compete and non-solicitation agreements are generally unenforceable in CA. That should give you a good idea of what your legal rights are. The bottom line is that there's no use worrying about what your employer will do or not do until it happens.

    1 lawyer agreed with this answer

  9. My mom lived in USA illegally (New York) form 1992 to 1996 (went back to her native country in 1996)

    Answered about 1 year ago.

    1. Alexander Joseph Segal
    2. J Charles Ferrari
    3. Khoa Maxwell Nuyen
    4. J. Thomas Smith Ph.D.
    4 lawyer answers

    Even though your mother left the country in 1996, and the 10 year unlawful presence bar has run its course, some consular officials routinely require persons with any accrued unlawful presence to apply for a waiver when applying for any type of visa. Based upon the limited facts that you presented, you should be able to sponsor your mother for a green card. However, you should enlist the help of an immigration attorney because your case presents many complexities. You did not discuss why...

    1 lawyer agreed with this answer

  10. While filing a EEOC complaint, should I hire a lawyer, or should I just file on my own?Will my employer be able to terminate me?

    Answered about 1 year ago.

    1. Kristine S Karila
    2. Khoa Maxwell Nuyen
    2 lawyer answers

    If you file an EEOC claim and your employer takes any adverse employment action against you (e.g., demotion or termination), you will have a good claim for retaliation. A retaliation claim can survive even if the underlying EEOC claim is found to be without merit.