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David Dene Murray

David Murray’s Answers

252 total


  • I need help immigration

    WHAT DOES THIS FROM MEAN CDJ-450A

    David’s Answer

    Without context, your question is implossible to answer.
    See: http://www.usoge.gov/forms/oge450_pdf/fr450a_05.pdf

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  • I was on a H1B visa last year but was laid off and had to change to F1. When I am done w/ MBA, can I still get OPT?

    I came to the US as an F1 student in 2004. I worked on OPT for a year and then was sponsored for a H1B visa. I was laid off in 2010 and since I was completing the MBA program part-time, I decided to go back full time and change my status back to F...

    David’s Answer

    Since you currently have an H-1B petition that gives you a slot in the quota, you are cap exempt if you now file an H-1B through a new employer. The change to student status should not affect that. Yest, you can file for OPT when you graduate from the MBA probram, if that is necessary.

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  • Hi!I'm on a H1B visa and would like to resign from my current work. When would I have to leave the US Territory?

    Would I be able to return to the USA as a tourist (I'm a Spanish citizen) a short time after leaving it (after end of contract). Thank you very much in advance!

    David’s Answer

    As a Spanish citizen, you are eligible to enter the USA on the Visa Waiver Program. Just be sure you don't overstay your H-1B eligibility.

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  • I talk to a lawyer in georgetown delaware. An he told me that the only way i can become legal,

    is to leave my two girls, an husband an go back to my country an try to apply for a work vista. He also said that can take up to 1 to 10 years. Is that the only way? Please help

    David’s Answer

    I would suggest that you seek the advice of another immigration lawyer. "Work Visas", do not take 1 to 10 years, even providing that you qualify for one. If you overstayed your lawful period of authorized stay in the USA and acrued unlawful presense of more than 180 days, you are subject to the 3-year Bar to Admissibility, and if you overstayed more than 365 days, you are subject to the 10-year Bar to Admissibility if you leave the USA.

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  • Greencard application was delayed for 2 years,

    I applied adjustment of status due to marriage, the petition was approved but it took over 2 and half years. I got divorced from my husband due to his abuse. How long do I have to wait for citizenship application can I claim to apply early due to ...

    David’s Answer

    USCIS error in processing will not in any way affect your eligibility to apply for US citizenship.

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  • I overstayed. I want to be legal. But i dont wanna get married to a US citizen. Can i just find an employer to sponsor me?

    I came here as a J1 visa holder. i filed for an extension which has been denied. I didnt appealed the denial. I just stayed and didnt depart USA. but i want to be legal here since i dont want to have any trouble of re entering USA bcause i always...

    David’s Answer

    For complex reasons under the law, such as the 3 and 10-year Bars to Admissibility, if you overstayed your J-1 visa and accrued unlawful presence, you cannot obtain any nonimmigrant visa status, and you cannot obtain permanent residence through an employer. Your one and only available remedy would be marriage to a US citizen. You did not provide enough facts, such as how long you overstayed your J-1, to give you a difinitive answer.

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  • I overstayed. I want to be legal. But i dont wanna get married to a US citizen. Can i just find an employer to sponsor me?

    I came here as a J1 visa holder. i filed for an extension which has been denied. I didnt appealed the denial. I just stayed and didnt depart USA. but i want to be legal here since i dont want to have any trouble of re entering USA bcause i always...

    David’s Answer

    For complex reasons under the law, such as the 3 and 10-year Bars to Admissibility, if you overstayed your J-1 visa and accrued unlawful presence, you cannot obtain any nonimmigrant visa status, and you cannot obtain permanent residence through an employer. Your one and only available remedy would be marriage to a US citizen. You did not provide enough facts, such as how long you overstayed your J-1, to give you a difinitive answer.

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  • Can two illegal immigrants get married in texas?

    we both have birth certs. but don't have ssn# can we still get married in the state of texas?

    David’s Answer

    That's a question to ask the marriage bureau in your local area. Whether or not a Social Security Number is required to be married is a question for them to answer. It has nothing to do with immigration law.

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  • Please help, are there any other possibilities I can explore?

    I am a Haiti born immigrant who has been in the US since the age of 3. I am now 25 years old. All my immediate family are here in the US. I have been trying for the last 22 years to get my citizenship in the US. I allowed my mother (who is now...

    David’s Answer

    You may be eligible under HRIFA. The Haitian Refugee Immigration Fairness Act (HRIFA) was signed into law on October 21,1998. The interim rule to be published in the May 12, 1999, Federal Register establishes the procedures that eligible Haitians will use to file for adjustment to lawful permanent resident (LPR) status pursuant to section 902 of HRIFA. The interim rule takes effect on June 11, 2000.

    To be eligible for these benefits, Haitians must belong to one of the five classes specified in section 902 (b) of HRIFA; must have been physically present in the United States on December 31, 1995; must have remained continuously physically present in the United States since December 31, 1995; and must not be inadmissible to the United States under any grounds of inadmissibility for which HRIFA does not specifically provide an exception. Certain Haitian dependents are also eligible.

    Contiue to consult with your lawyer.

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  • I married an active man on duty in Alaska and is having problem with the marriage because of his parents....

    now he wants out of the marriage and even filed for an annulment. what will my status be if i stay in the US? i don't hold a US passport.

    David’s Answer

    You have not provided enough information to allow a response.

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