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David Dene Murray

David Murray’s Answers

252 total


  • What do you think is safer and smarter to do in my situation: I'm divorced and remarried. Filed joint I-751 with my ex husband

    and it's still under review. Since i'm married can i just file new adjustment of status OR you think it's better and safer to file new I-751?

    David’s Answer

    This is what happens when people believe the I-751 is so easy to fill out . . . the form is free online . . . and the instructions are clear on the USCIS web site. However, nowhere on the Internet does it give advice as to any particular situation. All matters involving immigration law require the expertise of experience immigration counsel, because this is your life, your ability to remain in the USA. I wonder if you realize that if your I-751 is denied you you will be subject to removal and your re-marriage, even to a US citizen will not remedy this? You should immediately withdraw your joint petition and refile with the proper designation of a good faith marriage filing single after divorce. You are lucky you are divorced, it your divorce were pending, there are huge complicating factors. The bottom line is, seek competent immigration counsel. As they say, "Don't try this at home."

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  • When your employeer moves you from ecempt to non-exempt can they also lower you pay?

    I would like to know my rights

    David’s Answer

    I see a red flag here. The issue is whether you were ever truly "exempt" in the first place. Why did they change you from exempt to non-exempt? If your job duties have not changed, then they miss-classified you as exempt in the first place and if they did not pay you overtime pay for overtime hours worked, they cheated you out of your overtime pay in the past and are now attempting to cut their losses, however, they owe you back overtime wages at your "exempt" wage rate for all overtime hours you worked. You can obtain those wages only for three years prior to filing your complaint, so time is of the essence. You cannot be fired for claiming your rights, as this would be a violation of public policy and a wrongful termination. You should discuss this with an experienced employment lawyer.

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  • Is a Brazilian durable POA (procuracao) valid in California USA. If a official translation is done?

    After my Doughter had a baby, she had a stroke. Since it was a medical error she was awarded a long sum. After the settlements her husband took her to Brazil for a vocation. Over there, he controls the money from the settlement plus the SSecu...

    David’s Answer

    May we assume that your daughter and her children are US citizens and her husband is Brazilian? If she is a US citizen, why does she not just go to the US Embassy or Consulate and tell them she lost her passport and apply for a new one and leave Brazil? I believe your power of attorney question is irrelevant to her immediate problem, which seems to be more of a personal problem than a legal problem. She does not need to get a divorce to leave him.

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  • I was hired for a PT position in retail in CA (under 30hrs) often I work 30-40 w/no extra $ or benefits. Is that legal!

    I was hired as PT sales help & am now a supervisor. I got payed $3/hr more, but am now working 40hrs because the manager has us working as a skeleton crew. IDM helping out but I did NOT sign up for full time but am working full time w/no benefits

    David’s Answer

    I wonder what is your question . . . . You've got a job in an economy where many are out of a job. You have received a pay increase of $3 an hour and put on full time 40 hours. What are you complaining about? Too much work? Didn't "sing up for full time"? I wonder again, just what is your question? If it is about benefits, you would need to be more specific about that and reveal just what benefits you are talking about and whether they provide those benefits to other workers, or whether nobody gets the "benefits" of which you speak.

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  • Can i become a US citizen?

    Hi my name is juan campos im 22 years old. My parents brouth me to the US whe i was 9 years of age. Now im married and have a baby on the way but things are getting so complicated because i dont have a social security to get a job or find a home f...

    David’s Answer

    As my collegues have suggested, you have several options. Whether or not DACA will be available to you depends on whether you graduated from high school - if so, yes, and this would probably be the quickest fixt to your immediate problem of a social security number and employment authorization. Whether or not your wife can help you depends on whether or not she is a US citizen - If so, yes. If a qualilfying application for immigration benefits was filed for you by a relative within the effective period, and if your wife is a US citizen, then you could adjust status in the USA to that of permanent residence through your US citizen wife by paying a "fine" of $1,000 inaddition to the other USCIS filing fees. If that is not the case, you need to apply for a "I-601 waiver" and show "extreme hardship" to your US citizen spouse and child in order to get the government to forgive your previous illegal status. None of these options is easy. You will need the assistance of competent immigration counsel, especially for the I-601 wavier. But I suggest you begin with DACA.

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  • Does it matter if an F-1 student on post-completion OPT gets a W2 or 1099? What's the legal authority for either?

    I'm currently looking for a job and a place I interviewed at has asked me to write a memo on this topic (it's a law firm). Could someone with tax and/or immigration knowledge comment? Is there any legal authority on this at all? Is there a specifi...

    David’s Answer

    I believe the answer to your question clearly lies in the link to the USCIS Memo you cited, which at paragraph 7.2.1 states:

    Self-employed business owner. A student on OPT may start a
    business and be self-employed. The student must be able to prove
    that he or she has the proper business licenses and is actively
    engaged in a business related to the student’s degree program."

    I believe to be properly 1099'ed you would need a business of your own, with a business license in the city. Now, that satisfies the immigration requirement, but it does not speak to the issue as to whether or not you are truly an Independent Contractor or an Employee. That's the real issue here. If you would like an office consultation on this issue, I would be happy to provide this for a flat fee of $100 and I believe I can answer all your questions. Call me for an appointment at (949) 232-3036.

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  • My F-1 terminated while my I-485 is pending (as wife's derivative)? Does the 180-day clock apply while my case is pending?

    I have two I-485s. One as derivative from my wife's (filed in 7/2007 EB3 while I was F1) and the other as primary from my employer (filed 10/2010 EB2 as my previous is taking too long). I graduated in 12/2007 which consequently terminated my F1 i...

    David’s Answer

    What you say does not make sense and is exactly what happens when one attempts to do their own immigration case. Had you used the services of an experienced immigration lawyer, you would not be in this situation. Lawyers using chat forums such as AVVO run tremendous risk advising people because, first, we do not have sufficilent facts to fully analyze your case, and second, it establishes an attorney-client relationship and opens the attorney up to liability. I only consul clients who have retained me, because believe it or not, this is what I do for a living, just like you do whatever you do for a living. I suggest you hire and pay a qualified immigration lawyer in your locality and get your problems resolved if at all possible. I will say this however, if you have an I-485 on file through your wife's EB-3 status, you should have an Employment Authorization Document, so you would not have been working without authorization. If you don't have an EAD, that of course would be a different story.

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  • Previous employer is calling my future employer and says if im hired he will blacklist him from upcoming events. is this legal?

    i ended work in a good manner, was polite and curtious the whole time. i gave 2 week notice and even offered to help while they found my replacement. i need to work, im good at what i do., one of the best and , my previous employes knows this. he ...

    David’s Answer

    I am often asked the question . . . "They can't do that to me, can they?" The answer is, "it depends. I would need much more information about your type of employment, circumstances of your termination/discontinuance of employment and a little insight as to the motives your former employer may have for taking this extreme and troublesome position. The only way to fully analyze your situation is through a no-charge office consultation. You can make an appointment by contacting me at davidmurraylaw@sbcglobal.net.

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  • Can my wife's stepmother still be able accompany her husband and what are the chance of her visa grant?

    My wife is doing paper work for her stepmother since 5 years old and her father. We've gone through all required documentation an now been told by an immigration specialist that we might have problems getting her step mother here due to the weddin...

    David’s Answer

    I would suggest that your father and your step mother just get married now and use that Marriage Certificate as proof of the marital relationship. I would also recommend hiring a qualified immigration lawyer.

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  • I am from germany and need help extending my tourist visa which is visa waiver program 3 months please help?

    hello, i got a question about visting the states. i'm here on the wvp as a tourist for 3 months which are over in few weeks, also it was actually not planned to stay that long. but anyways i'm here now and i'm staying with my friend who needs m...

    David’s Answer

    Vias Waiver entrants cannot change or extend their 90-day stay in the USA. Period. Although they can adjust their status to permanent residence if they marry a US citizen. Other than that, there is no relief from the 90-day authorization limit.

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