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Do I need an immigration attorney?

Jersey City, NJ |

I have an MBA from University of Kansas. After my OPT ended in Feb, 2012, i enrolled in PC Tech, which was raided by ICE. My Sevis was terminated in August ,2012 after which i transfered to BLue data for ESL and filed I539. I received a RFE on Dec 14, 2012. USCIS wants proof of attendance and transcripts for PC Tech and Blue Data. They want to know why I need ESL if I can read, write and speak English. I had also mentioned in I 539 that I intend to go to Brooklyn colege for an accounting degree. USCIS wants to know if I m just using Blue data as an excuse in order to go to Brooklyn college. I actually have a degree in finance and accounting is something that I lack. M not sure as to how I could substantiate my case.

Attorney Answers 4

  1. If the RFE is asking for an explanation as to why you need ESL when you read, speak, and write English, I do not know how an attorney would answer that any differently than you.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

  2. I am sorry but even USCIS understands that there is no way in the world someone can obtain an MBA without having a complete, solid command of the English language. Also, it is common knowledge that the level of English taught at an ESL course is (much) inferior than the English used at a graduate level (MBA) business or finance course..

    An attorney would not be able to be much of a help in this situation.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  3. You need to provide what they are asking for. While you have an issue with this ESL class, you will need to give a truthful response..

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

  4. You really should have consulted with an attorney prior to filing a 539 or making such critical decisions. An ethical attorney cannot fix your problem. Be careful responding. If you get charged with fraud or misrepresentation you will be unable to obtain a visa in the future.

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