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Floyd J. Fernandez
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Floyd Fernandez’s Answers

70 total


  • Was deported in 2009, do i still qualify for dream act?

    I was a joinder and my father's asylum case after appealing it was Denial and we get a final order of deportation my father left the country

    Floyd’s Answer

    You must be in the U.S. to still qualify for DACA. Even after that, to have a chance for future qualification you must obtain a reopening of your case. For that, you really do need a lawyer.

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  • F2A Process

    Hello, I have applied for greencard under f2a. I got my i130 approved. my fiancee got a mail in India saying that he need to wait untill his visa is available. What is the next step. Should I just wait for next communication from USCIS? O...

    Floyd’s Answer

    Unless he has eligibility to come with a temporary work visa, his only recourse is to wait until his F2A priority date comes current as given in the U.S. State Department Monthly Visa Bulletin.

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  • Intent at entry, you may file for COS but must be in status to do so.

    Would you please explane more about the details as above:intent at entry, you may file for COS but must be in status to do so.

    Floyd’s Answer

    When you speak of Change of Status, you are talking about a change from a non-immigrant visa (tourist, temporary work, student) to another non-immigrant visa. You are looking at needing to wait 60-90 days to file for COS. Otherwise, a lot more info is needed to make an evaluation.

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  • If I ask for 212e Waiver, can I travel outside the U.S. and come back while the waiver application is ongoing?

    I am a J1 visa holder. I would like to understand better if it a problem to exit and re-enter the U.S. WHILE the J1 is still active and WHILE the waiver is in process/obtained.

    Floyd’s Answer

    You can travel outside the U.S. while your 212(e) application for waiver is pending. Please state why you are applying for this waiver.

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  • Steps of immigration services

    I recently applied for a 1-130 for my husband, the petition was approved, but wasn't eligible to file an adjustment of status application. I received the NVC Welcome Letter (PAOSF) letter paid the fee affidavit of support fee invoiced and submitte...

    Floyd’s Answer

    Since the NVC is now involved, and your husband is being encouraged to apply for Consular Processing, then if he is here, I would assume that some kind of waiver is now required. That would preferably be an I-601A Domestic Waiver. You need to file for DS-260 Application for Legal Residence, and I-864 Affidavit of Support. And get the help of an experienced lawyer.

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  • I got 212(6)(a)(1) during my h1b visa interview now what to do next with it?

    I was given 212(6)(a)(1) during my h1b interview after that I have contacted one attorney he suggested me that he will ready some documents and apply to consulate office where I appeared in interview than after one week I have to take visa interv...

    Floyd’s Answer

    It appears that you are going through consular processing, it looks like you are being told that you are inadmissible for having lived in the U.S. without lawful authority; it makes you inadmissible. However, they are giving you additional opportunity to clear yourself with a waiver, and that usually will affect your family members who are U.S. citizens or legal residents, and that is why the additional interview. There is a lot more to this case, and I would have to encourage a direct consultation with an immigration attorney.

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  • Filing Labor certification, & change of status for EB2 category while on B2 visit visa in US.

    Hi, Would appreciate feedback on my question. Me and my wife will be traveling to US on B2 visit visa in couple of months from Saudi Arabia. If an employer offers me and my wife job in US. 1- Is it possible to start LC process, file ...

    Floyd’s Answer

    The employer may be able to start the Labor Certification process, but at very least, you need to first try to see if you can get your B-2 renewed for another 6 months; it is possible. That would give you up to a year, and would make it possible to make application for LC to go through during that time, and would make it possible to file for a substitute like an L-1 or H-1B (though the next availability for H-1B is October 1 of next year). Otherwise, you will be looking for consular processing to get your visa, after the employer's LC is approved.

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  • After our interview, the immigration Officer asked us to produce my husband's late wife of 1975's death certificate which we

    Cannot locate. My husband was married after then and we gave the divorce certificate what do we do?

    Floyd’s Answer

    The county of Los Angeles Recorder's Office keeps all death certificate records, if his late wife died there that is where he should go. But if he had been divorced and remarried before the death certificate the interviewer needs to be told to reconsider in your response to RFE, for that request is irrelevant to the issue of whether all previous marriages had been terminated by death or divorce. The divorce decree should be the end of the matter, for that broke the chain of connection then.

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  • Can my employer file a /PERM petition /PERM Add posting/ or Any other GC PERM stage / while Im outside United States.

    I'm employer has initiated my GC but i have to travel outside the country for sometime due to personal reasons .Can my employer do the Add positing or any other PERM related work while I'm outside the country,

    Floyd’s Answer

    Yes, they are in the midst of the process of qualifying for labor certification, and you are free to travel with his permission.

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  • My wife is a US citizen and we live outside the US. Can I apply for F-1 visa if accepted to a university? what are my options?

    We don't intend to live permanently in the US to apply for K-3 and PR status.

    Floyd’s Answer

    Your wife's willingness to live with you outside the U.S. must be used, along with the relationships and connections to your home country, to prove sufficient intent to return at the end of your studies so as to get F-1 visa status as a student. Also, what one other respondent forgot is that in the case of F-1 visa holders the presumption of fraud due to evidence of eventual long-term or permanent residence in the USA after your student tenure is not applied; no presumption of fraud. Therefore, the likelihood of being denied an F-1, as long as the program passes SEVIS qualification review by ICE, is very low.

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