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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

Posted

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 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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Asker

Posted

I had mentioned in my I 539 that I want to improve my grammar skills. Can I say that I come from a non native English speaking country and I need to improvise on my existing language skills.

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

I suppose you could say that, although one would presume anyone earning an MBA from a US University would be pretty proficient in English language skills.

Asker

Posted

After my Sevis got terminated I was only given 5 days to enroll in another school and blue data was the only school that gave me an admission. I really had no choice. How can I explain this to immigration.

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

You should always be forthright with immigration as lying and getting caught lying is always cause for trouble

Asker

Posted

I was advised by my school to give " i want to learn english" as a reason, but I have proof from blue data that I took my classes seriously.

Posted

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.

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Posted

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.

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Asker

Posted

My GMAT score for MBA admissions was Verbal - 21 percentile Math - 86 percentile The only reason why I got an admission into B School was because my undergrad was in Engineeing. English is something that does not come effortlessly to me.

Asker

Posted

Hi Yolanda , Really appreciate your feedback. Do you know of a good immigration attorney that I could consult in New York City or Jersey City. Thank you.

Yolanda Navarrete

Yolanda Navarrete

Posted

Call me at the office on Wednesday or after: 973-984-0800.

Posted

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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Posted

Hi Eric, Thank you for the feedback. I really had no role to play whatsoever in pc tech getting closed. Whatever I wrote for reinstatement is true whether or not the immigration likes it. I have an investment in this country and if I lose this case, it would be a disgrace in most of us that come to the United States as International students.

Asker

Posted

Also, I was cheated by an Attorney and did not have the financial wherewithal to afford an Attorney for a second time since I am a student.

Eric M. Mark

Eric M. Mark

Posted

Everyone who applies for status has an investment in it and feels it would be a disgrace if the application is denied. I do not doubt your passion, and neither will USCIS. In fact, your passion will be seen as a negative because they will interpret it as your willingness to lie to them and go to ESL classes when you clearly do not need ESL classes. You are walking on very fine ice. I'm not telling you it is impossible, but you need to be very careful if you hope to have a chance for a work visa or family based visa in the future. If you'd like to set up a consultation to review all the issues I can do that and we can take it from there.

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