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Gerald P. Goulder

Gerald Goulder’s Answers

339 total


  • Illegal immigrants

    I reported someone to ICE this person came here with he's wife and kids on a tourist visa and flagrantly lied to me that they were going back to their Country. Now they got fake papers through someone from the agency or some like that and started ...

    Gerald’s Answer

    In the United States today anyone can sure anyone else for just about anything. That is not the same as saying that initiating litigation without careful consideration is a good idea. Sometimes people who sue others get counter-claimed, or sued back for other damages. And there are often attorne's fees involved in litigating; although some matters can be brought without an attorney in small claims courts.

    Before you sue someone you should consider what exactly you would like the court to do for you. Sometimes, what litigants want the court cannot provide. Sometimes, a claimant wins a judgment in acourt that cannot be collected.

    If you think you have been wronged, and that a court can make you whole, and that you can collect the court's judgment from the defandant, and that you are willing to put up with the associated aggravation that may be involved in litigation, then maybe suing this other party is what you want.

    If the amount of money involved is not substantial then you may be better off to forget about it and move on.

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  • My lawyer says 'previous i20s' & 'copy of F1 Visa' are optional in F1 Initial OPT packet. Need second opinion.

    Hello all, I filed my F1 Initial OPT EAD through an Immigration attorney. (1) My attorney included ONLY the OPT recommended i20 but not any of my previous i20s. (2) She also did not include a copy of my F1 Visa. I told her that my school’s ...

    Gerald’s Answer

    You are presently represented by an attorney. Accordingly, it is inappropriate for another attorney to offer guidance to you in this matter while you are currently represented.

    You could re-discuss your concerns with your attorney.

    You might also discuss your specific concerns with your DSO.

    Alternatively, you may consider terminating the current engagement (representation) with your attorney, and then seeking the advice of a new attorney, or at that point, the suggestion(s) of anyone else.

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  • Can I enroll in Fall 2016? Will I be in violation of my status?

    I applied for change of status from H4 TO F1 in October 2015 with the intention of enrolling for the Spring semester 2016. F1 was approved on February 1, 2016 making it impossible to join in Spring as classes had already started. The school has in...

    Gerald’s Answer

    I recommend you discuss this with your DSO (Designated School Official) who handles F students at the school.
    Generally, an F student must be registered and take a full course of study each term. Generally, a student who drops below a full course of study (after the drop-add period) without prior approval of a DSO will be considered out of status. Generally, Department of Homeland Security (DHS) regulations require that you register during the university's published registration period. Failure to do this will result in violation of your F-1 status.
    Generally, an F-1 student is expected to maintain full-time registration and make normal progress toward your degree. Note that the definition of "full-time" may differ from school to school and that immigration regulations may require a more restricted definition of "full time” than that followed by your school’s department.

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  • Wife does not want to goto i-751 interview

    Thank you for answering my question. My wife is an US Citizen and we have been married for 3 years. We filed our I-751 together back in October 2015 and we are having an interview in April 2016. But we decided to break up with my wife last week...

    Gerald’s Answer

    You should contact an immigration lawyer for this matter. You should have the advice of an experienced immigration lawyer rather than handle pro se (opn your own) an I-751 with on-going marriage separation or pending divorce.

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  • Canadian Immigration Lawyer in Bay area California

    Looking for Canadian Immigration lawyer in San Jose ( Bay area). My brother in law want to migrate to Canada. Need attorney to help with the case who is local to San Jose

    Gerald’s Answer

    If you cannot find a Canadian immigration lawyer licensed with CIC, in San Jose, you could contact one in Canada, LA, etc.. Immigration practice often involves "long distance" contact and relationships. With email, digital document transfer, Skyp, etc. you may be able to obtain the advice you seek with a CIC immigration lawyer who is not "local" in San Jose.

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  • Can I get the L1B visa without waiver?

    I pled guilty for a shoplifting misdemeanor in Georgia in 2006. Th esentence was to pay $700 fine and keep out of walmart. Several years later I received B1/B2 visa . I always put my case information in DS160. I laso had administrative che...

    Gerald’s Answer

    My first response is that L-1B visas are rather complicated nonimmigrant temporary employment visas; and L-1B is an employer-petitioned circumstance. I strongly suggest you discuss your L-1B visa eligibility with an experienced immigration lawyer to determine your eligibility.

    Generally, employers submit L-1B visa petitions on behalf of the employee-beneficiary. There are eligibility considerations concerning both the employer company, the job position and for the beneficiary-employee.

    Perhaps your question can be directed to the company's immigration lawyer? If it is not presently contemplated to have an immigration lawyer involved in your L-1B matter, then I suggest this be re-considered.

    Concern about the %400 fee and a 2006 shoplifting conviction is likely putting the cart before the pony at this point. First make sure the company is eligible to petition and the job position qualifies for L-1B visa. At that point, and before you apply for the L-1B visa certainly address any of your admissibility issues.

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  • My question is how big is trouble and how much should I worry and can I do something simultaneously to save my Out of Status.

    Hi Guru's, I applied for H1 Transfer and extension 7 months before in Regular Processing. Previously I had H1 and amendment done 1.5 years before. My I 94 expired 5 months before and working with new company from last 7 months. I have 10+ years...

    Gerald’s Answer

    Generally, companies with HR staff use the services of experienced immigration lawyers to prepare and submit H-1B immigration petitions and extensions. When HR said the attorney is handling the RFE Response this suggests there is an immigration attorney involved in your matter. If the employer company uses the services of an immigration lawyer for an H-1B petition or extension of stay or change of employer, then you should have been informed that the same attorney represents you--at least to the degree of being able to answer your questions like these.
    If your company did use an immigration attorney in this matter, I recommend you contact that attorney to have your questions answered. The company should tell you how to contact their attorney on this matter, as well.
    I think it reasonable to be able to talk to one's attorney concerning how the attorney is responding to an RFE, and other basic H-1B status-related questions.

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  • Will I be able to cross immigration check point under DACA?

    I'm from Dallas, Tx and will head to South Padre Island for the weekend. I am under DACA and have a valid Driver's License, State ID and EAD Card with me. I understand there is a checkpoint in Sarita, Tx on the way back to Dallas. Will I be able t...

    Gerald’s Answer

    I agree that the key issue is that you should NOT depart the USA. As long as you remain IN the USA, then your EAD should be sufficient. (Though if you are also driving, then you likely need a valid Driver License, as well.)

    You are eligible to apply for a Travel Re-entry Document for DACA-authorized trvale out of the US (for re-entry). Howeever, this re-entry authorization requires a separate application to USCIOS, filing fee, support for DACA-authorized travel--AND you should NOT depart the US unless USCIS issues the Travel Re-Entry document.

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  • What could I do in this situation?

    I am a DACA recipient. When I filled out my DACA application the last date of entry I found in my records was July, 2003. I was 14 years old at the time. I entered with a B1/B2 visa. Someone who was "helping" me, returned my I-94 as I had returned...

    Gerald’s Answer

    I agree with my colleagues and urge you to scxhedule a consultation with an experienced immigration lawyer. The marriage to a US citizen creates the qualifying relationship for your spouse to petition for your "green card" (through adjustment of status or immigrant visa through consular processing). It appears that you were lawfully admitted into the US previously on your re-entry pursuance to the B1/B2 visa; accordingly you are l;ikely eligible to apply adjust status to permanent resident pursuant to your psouse's petition.

    Of course, you should be prepared to explain any errors/mistakes in the DACA application.

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  • Can i submit the documents myself or submit documents through attorney ?

    I received request for evidence from USCIS for my OPT STEM extension. They asked me to submit my i20 again as there was a missing page which i sent previously. Can i submit the documents myself or submit documents through attorney ?

    Gerald’s Answer

    If you already have an attorney representing you in this matter it seems to me you should ask this question of your attorney. If you do not already have an attorney in this matter, then you should carefully consdier whether or not you should, at least, consult with an immigration attorney. If the only issue is clearly that you omitted to send a page of the I-20 previously, then perhaps an attorney is not needed. However, I should indciate that on many occasions I have not submitted all pages of the I-20, but did include the first page, receuved an RFE. and I have never receuved an RFE for

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