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Alexander Joseph Segal
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Alexander Segal’s Answers

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  • My question is if i divorce while the immigration paper work has been processed, what will be my status after that?

    I came to America with a student visa and expired in 2014 but I were still in school at Delmar College, Corpus Christi - Texas until I got married in September 2015 with a US citizen in Tulsa, Oklahoma. The immigration paper work has been process...

    Alexander’s Answer

    No status determination based on that. Marriage or Divorce per se, confer no immigration status. Talk to an immigration lawyer.

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  • Can I travel by land in the United States ( pass hr checkpoints border patrol has) with the I130 acceptance letter?

    My mom petition for me an I130, which i got accepted but I got sent to the 2B type, which I still have 9 years to go to get my residence, but I heard that with that I130 acceptance notice letter I can travel by land in the United States ( pass thr...

    Alexander’s Answer

    No. I 797 C receipt provides you with no travel privileges.

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  • Can I change job after getting the I-140 approved and completing 6 years of H1B? Kindly Advise

    My I-140 process is going on now and I am going to complete 6 years in H1B. Once the I-140 is approved, can I change the company? If I can change, can you advise me the risks associated with that? especially with a) Employer canceling I-140...

    Alexander’s Answer

    Advising kindly: In theory, you could, but your new employer will have to move fast and before I-140 is withdrawn if you are to seek a three year extension and most likely need to start the PERM process all over if you are to retain that old priority date.

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  • Do a Provisional Waiver based on my mother (LPR)? Or am I only eligible to ask for a waiver in El Salvador?

    I am Salvadoran and at attempting to enter the USA EWI I was detained by CBP and taken to the Mexican border side in September 2004. A few days later I tried again and this time I entered without incident. My US Citizen sister petitioned for me (I...

    Alexander’s Answer

    Provisional waiver as a regulatory device, was not yet extended to individuals whose qualifying relatives are LPRs. The new regulations are in the pipeline. You will have to wait until they come out or seek waiver in El Salvador.
    Here is the notice: https://www.gpo.gov/fdsys/pkg/FR-2015-07-22/html/2015-17794.htm

    Here are the current eligibility requirements: https://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers

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  • Hello how can I change status from b2visa to eb3

    I'm in usa by tourist visa and want to change may visa to eb3

    Alexander’s Answer

    You cannot, period. It is as simple as that.

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  • I came to the US by b1/b2 and the i-94 will he expired in 7 days . I want to leave by tomorrow or after tomorrow

    And come back a month later. In fact, i submitted the E2 visa but they asked for some documents to submit in august 26. So can i leave the country and come back without facing any problems?

    Alexander’s Answer

    The change of status request will collapse once you are out of the USA and you will have to seek E visa at the consulate.

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  • Pre-employment drug screening

    My wife came to USA under J1 visa as an alien physician. She was called by the HR official about the urine drug screen. She was told about the importance but not about the deadline although the official says that it was told. She got an email whic...

    Alexander’s Answer

    If the sponsorship of the program is withdrawn the status will lapse.

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  • Greencard processing time san jose service center.

    Applied for I 485 and I 130 for Greencard through citizen spouse in san jose in april.Any idea how long it takes to get interview or advanced parole? Did biometrics in may 2016.

    Alexander’s Answer

    You can check estimated processing times on www.uscis.gov.

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  • Can an undocumented person submit a Privacy Act request? or only a FOIA request?

    I thought undocumented (illegal) persons can only make a FOIA request. However, I came across this site: http://nsarchive.gwu.edu/nsa/foia/foia_guide/foia_guide_full.pdf and it states on the first line of page 15 the following: "If you are seek...

    Alexander’s Answer

    The Privacy Act request, whatever it is, is not governed by the US immigration law.

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  • My wife (US citizen and petitioner for I-130) and I live in Aus. Does my wife need to leave Aus before we move?

    My wife (petitioner and US citizen) and I (Aus citizen) live in Australia and plan on living in America next year. We will be staying with family and friends until we find jobs and our own house and taking $30,000 of savings with us. We both have ...

    Alexander’s Answer

    She would have to demonstrate immediate and actual steps she had taken to relocate to the USA.

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