David Dene Murray’s Answers

David Dene Murray

Newport Beach Immigration Attorney.

Contributor Level 14
  1. I filed an I-130 for my brother, his wife, and his son in 2002

    Answered over 2 years ago.

    1. Carl Michael Shusterman
    2. David Dene Murray
    3. Shiva Pal Gill
    4. Lynne Rogers Feldman
    4 attorney answers

    Any number of subsequent dependants can be added. Your brother is the principle alien and all dependents qualify under him. No problem, just call it to the attention of the NVC when the time arises. You would be well advised to have an attorney assist you in the consular processing portion . . . it gets complex.

    1 person marked this answer as helpful

  2. What is the next step once the Fiance visa has been approved?

    Answered almost 3 years ago.

    1. David Dene Murray
    2. Shah Iqbal Nawaaz Peerally
    3. Ekaette Patty-Anne Eddings
    3 attorney answers

    The consular portion of the Fiance Visa is the most difficult. I suggest you consult a lawyer. The K-1 Fiancé/Fiancee Visa Important K-1 Factors: 1. The K-1 Visa allows you to invite your fiancée to America for a period of 90 days, during which time your fiancee must either marry you or return to her home country. There are no exceptions to this rule 2. No...

    1 person marked this answer as helpful

  3. Who is an illegal alien?

    Answered almost 3 years ago.

    1. David Dene Murray
    2. Shah Iqbal Nawaaz Peerally
    3. Uzoamaka Angela Akpele
    3 attorney answers

    It is simple, and I have written on this subject often. An illegal alien is someone who entered the USA illegally, without being inspected by an Immigration officer. An overstay is someone who entered the USA on a visa and went out of status by overstaying past the date their I-94 form required them to leave. The main difference is that if the Overstay marries a US citizen, he or she can adjust status in the USA at the local USCIS office. An illegal alien who marries a US citizen is required to...

    1 person marked this answer as helpful

  4. Eligibility for US citizenship

    Answered almost 5 years ago.

    1. David Dene Murray
    2. Thuong-Tri Nguyen
    2 attorney answers

    So long as you are still married and living with the spouse through whom you qualified for Conditional Permanent Residence, based on an adjustment date of 03/31/2006, you can file your Application for Natualization (N-400) after about December 1, 2008, three months prior to the three-year anniversary of your adjustment to permanent residence.

    1 person marked this answer as helpful

  5. My sibling petitioned for me in the year 2001 (i-130). I have five more years until my priority date and I want to get married.

    Answered over 2 years ago.

    1. David Dene Murray
    2. Matthew C. Thomas
    3. Andre R. Olivie
    3 attorney answers

    Marriage does not affect your status as Family Based 4th Preference. You spouse and children will be eligible to accompany you in your permanent residence visa application at the US consulate abroad when your priority date comes current.

    Selected as best answer

  6. How and where can I find a sponsor to work on the US?

    Answered almost 3 years ago.

    1. David Dene Murray
    2. Ekaette Patty-Anne Eddings
    3. Grace Ingrid Gardiner
    3 attorney answers

    That's the $64,000 question. Beware of anyone who will answer it for you because it will most likely turn out to be a scam. You have a complex case and need to seek the assistance of an immigration lawyer in your local area. Phone consulations and internet advice are not sufficient to fully advise you on your particular matter because documents need to be reviewed and many questions asked and answered. Immigration matters are complex and require individual attention and analysis.

    Selected as best answer

  7. What is the average processing time for a green card

    Answered almost 5 years ago.

    1. David Dene Murray
    2. Philip Alan Eichorn
    2 attorney answers

    Processing times for Green Cards vary, depending on the facts of each individual case, and whether the case was properly prepared and documented. Always use a qualified immigration lawyer when dealing with the USCIS. The problem cases that take years are usually done by people trying to do it themselves and not understanding some of the simple principles required for a successful application. Remember, it is not enough to just complete the forms and submit them, there are other nuances in...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  8. 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

    Answered 4 months ago.

    1. Lisa A. Tehlirian
    2. Tripti Sharad Sharma
    3. J Charles Ferrari
    4. Irene Vaisman
    5. David Dene Murray
    5 attorney answers

    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...

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

    Answered 4 months ago.

    1. Neil Pedersen
    2. Pius Joseph
    3. David Dene Murray
    3 attorney answers

    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...

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

    Answered 8 months ago.

    1. J Charles Ferrari
    2. David Dene Murray
    2 attorney answers

    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....