James A. Bach’s Answers

James A. Bach

San Francisco Immigration Attorney.

Contributor Level 8
  1. Immigration Form 1-601 Waiver

    Answered over 2 years ago.

    1. Richard Manuel Loew
    2. J Charles Ferrari
    3. James A. Bach
    4. Jason Todd Lorenzon
    5. Jeffrey Adam Devore
    5 lawyer answers

    There are many issues raised by this situation, and representation by an immigration attorney is advised. As noted by my colleague, the Embassy is violating the State Department's own policy by asserting inadmissibility (and requiring an I-601) for drug use that occurred under the age of 18. Second, a person is inadmissible only if he or she has been convicted of a crime, or admits committing the crime. Admission is more than giving a medical history to the examining doctor.

    1 lawyer agreed with this answer

  2. 2nd I140 doesn't list PD from 1st one (only 1st 1 is current now). Can I file for adjustment now?

    Answered over 2 years ago.

    1. Wells Ted Wakefield
    2. James A. Bach
    3. Jason Todd Lorenzon
    4. Mark Davidson
    5. C. C. Abbott
    5 lawyer answers

    You can file the I-485 now with the two I-140 approval notices.

    1 lawyer agreed with this answer

  3. Filed an I-130 for my spouse, then filed an I-129F (K3),will the I-130 take longer now, because I filed the I-129F?

    Answered over 3 years ago.

    1. James A. Bach
    2. Seeta Lakshmi Nangia
    2 lawyer answers

    Both the I-130 (which leads to an immigrant visa) and I-129F (which leads to a K-3 visa) take about the same amount of time to be processed by the USCIS, National Visa Center, and U.S. Embassy or Consulate. For that reason, there is usually no benefit for the spouse of a U.S. citizen to file the I-129F. Also, the immigrant visa is much better than a K-3 visa. When the immigrant visa is issued by the U.S. Embassy or Consulate, the case ends. The spouse must come to the U.S. (i.e.,...

    2 people marked this answer as helpful

  4. Need information on green card processing under EB1

    Answered about 2 years ago.

    1. James A. Bach
    2. J Charles Ferrari
    2 lawyer answers

    You can remain until you receive a decision on the I-485, and can work using your EAD (employment authorization document). There is no premium processing for transferring managers.

    1 person marked this answer as helpful

  5. My husband has a green card and he doesnt want to get citizen and give me the green card? What i should do?

    Answered over 2 years ago.

    1. Paul DeWitt
    2. F. J. Capriotti III
    3. James A. Bach
    4. Neil Ian Fleischer
    4 lawyer answers

    "VAWA" is the "Violence Against Women Act" and it applies to spouses who have been "battered or . . . the subject of extreme cruelty". Extreme cruelty might include verbal and psychological abuse, as well as physical abuse. One of the most important provisions in VAWA gives immigration status to spouses of U.S. citizens and green card holders who have been abused by their spouses, even if the spouse will not cooperate and even if the marriage has fallen apart. VAWA also provides a defense to...

    1 person marked this answer as helpful

  6. I was working with Employer A on L1B for 5.5 years out of which 2.5 years in offshore (India) and 3 years in USA.

    Answered almost 2 years ago.

    1. J Charles Ferrari
    2. James A. Bach
    2 lawyer answers

    Only if you were a manager for at least one year during your employment with Company A in India. Your ability to apply for EB-1 does not depend on your nonimmigrant status: H-1B is just as good as L-1B. However, the H-1B and L-1B petitions might be reviewed by USCIS to determine whether you are eligible. If those petitions described a technical role, the USCIS might conclude that you did not have a managerial role in India, nor a managerial role now.

  7. How to find list of active EB-5 regional center projects

    Answered about 2 years ago.

    1. James A. Bach
    2. Mary Carmen Remigio Madrid-Crost
    3. Jeffrey Adam Devore
    4. F. J. Capriotti III
    5. Robert K D'Andrea
    5 lawyer answers

    Most immigration attorneys will not recommend Regional Centers, but often can help find independent companies that can evaluate the Regional Centers for you.

  8. Is an L-1 company owner prohibited from adjusting status?

    Answered over 2 years ago.

    1. James A. Bach
    2. J Charles Ferrari
    3. Neil Ian Fleischer
    3 lawyer answers

    Actually, it is true. There is a 1982 INS decision, still followed by the USCIS, that holds that L-1A employment must be temporary. You can find this decision by Googling "Matter of Isovic, Interim Decision 2933". The USCIS increasingly requires a demonstration that the L-1A will leave the U.S. after the purpose of his or her managerial assignment has been completed. This is the case even though there is a clear 7-year term for L-1A status, and even though legislation passed in 1990 (i.e.,...

  9. Am I still eligible for Child Status Protection Act?

    Answered over 2 years ago.

    1. J Charles Ferrari
    2. James A. Bach
    3. Eugene J. Glicksman
    3 lawyer answers

    Beware of free advice on a public website such as this one. It is no substitute for hiring an attorney who can review your papers, properly analyze your situation, and then provide an opinion that he or she is responsible for. For example, I do not know how the two attorneys who have responded know that your priority date is not yet current, since your country of birth was not revealed in your question. A March 1993 priority date in the F-3 category is current for every country except...

  10. How do I convert from B1/B2 Visa to O3 visa?

    Answered over 2 years ago.

    1. J Charles Ferrari
    2. James A. Bach
    3. Jeffrey Adam Devore
    4. Richard Wells Moore JR
    5. Mary Carmen Remigio Madrid-Crost
    5 lawyer answers

    I will disagree with my colleagues on this one, and contend that you do not need an attorney to help you chage from B-2 to O-2. Just follow the instructions on the I-539, which you can find at www.uscis.gov. You will need assistance from an attorney with the change to H-1B status, but cannot pursue that until 2013 (because the quota for this year will be filled by the time to can find an employer and submit the H-1B petition.

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