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David Nabow Soloway

David Soloway’s Answers

2,416 total


  • Applying brother for a green card

    I'm 22 I'm trying to apply a green card or a visa for my brother who's 28 unmarried with no child. under what application she he be applied in and how long would it take?

    David’s Answer

    Although not clear from your question, I presume you, yourself, are a U.S. citizen. If that is true, you may sponsor a sibling in the Family-based Fourth Preference visa category, filing a Petition for Relative Alien now and an Application for Adjustment of Status later, when a visa becomes available. Regrettably, there is a very long backlog for a visa to become available in that category -- it may take 20 years or longer -- and so this rarely is a satisfactory immigration strategy. It would be wise for your brother to consult with an immigration attorney who, after learning all of the relevant information about him, could advise about immigration eligibilities, options and strategies.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Kennedy, P.C.
    Atlanta, Georgia

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  • Will I be able to file a complaint against a US citizen living in Massachusetts, if I am a Filipino living in the Philippines?

    I worked online for someone living in Massachusetts, he owes me $800 and it's been months and has not paid me yet, just kept promising he will pay me ''soon.'' I am a Filipino citizen living in the Philippines. It was a home based call center wher...

    David’s Answer

    You have posted your question on an immigration legal issue forum of Avvo, but your question requires advice unrelated to immigration law. I recommend that you re-post your question to the litigation practice area of Avvo.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Kennedy, P.C.
    Atlanta, Georgia

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  • Can I remarry my ex wife after being married and granted u.s citizenship ?

    So, when me and my wife arrived in the u.s we got a roommate to share the rent. After a few months i started having feelings for this roommate, I told my wife things weren't going well, we got a divorce and I got married to "the roommate". After m...

    David’s Answer

    The short answer to your question is Yes. The longer answer is that you should expect the immigration application process to be complex, with the USCIS using a heightened level of scrutiny not only to determine that your re-marriage marriage is a bona fide marriage, but also to address whether your first and second marriages were bona fide. Success will require a particularly strong level of documentary evidence for each of these details. It would be foolish to go forward without legal assistance from an experienced immigration lawyer.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Kennedy, P.C.
    Atlanta, Georgia

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  • What can we do? What is the best course of action?

    My Grandpa is 94 years old and he is a US Citizen. He married a women 62 years of age from Lebanon about 6 years ago. They both moved to the USA and have been living here for about 4-5 years. Last year his wife got the US Citizenship and ever sinc...

    David’s Answer

    It sounds like your grandfather not only petitioned for his wife to become a Permanent Resident, but later participated in the process of her successfully applying to become a citizen. In those application processes, convincing evidence would have to have been provided to show that the couple lived together in a bona fide marriage. While I am sorry to learn that the couple's marriage has become problematic four years after they became married, none of the details you mentioned indicates the marriage was entered fraudulently or that there are steps to take to revoke the wife's citizenship.
    It would be wise for your grandfather to consult with a domestic relations attorney about legal steps he could consider, whether in connection with divorce or otherwise.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Kennedy, P.C.
    Atlanta, Georgia

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  • Can my son travel to England while the I-130 form is being processed?

    I recently sent in the I-130 form for my son. He currently lives in Jamaica and has a visitor's visa. I was wondering if he can travel to England to visit family while the I-130 form is being processed?

    David’s Answer

    The Form I-130, by itself, does not impact the ability of your son to travel to England and to re-enter the U.S. with a B1/B2 visitor's visa. The same analysis does not apply, however, if you may be a U.S. citizen and both I-130 and I-485 applications have been filed, since the I-485 demonstrates "immigrant intent," and entry with a B1/B2 visa requires only "nonimmigrant intent."

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Kennedy, P.C.
    Atlanta, Georgia

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  • Would you recommend my boyfriend to be a co-sponsor for his friend?

    My boyfriend was approached by a good friend of his to be a co-sponsor with his wife. I'm very concerned about his legal and financial obligations especially since his friend only works for start ups and his wife just started graduate school. Have...

    David’s Answer

    To serve as a "co-sponsor," your boyfriend would need to sign an Affidavit of Support form. That document, and its official instructions, explain the nature as well as the duration of the obligation. Generally, it means safeguarding the U.S. government from having to pay means-tested benefits to the foreign national for the specified period of time, and it is unrelated to obligations for the foreign national's children. While there have been some recent efforts to establish an Affidavit of Support as a contract for which the beneficiary may assert a direct right of enforcement through a legal theory known as "third party beneficiary," that approach is legally challenging and likely would be subject to legal analysis under contract laws in the relevant state, i.e., not under federal immigration laws.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Kennedy, P.C.
    Atlanta, Georgia

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  • Can I withdraw my I 90 application that is pending after biometrics ?

    I am feeling like I rushed in filing my I 90 application to replace my lost green card. My card does not expire for another eight years. It's just lost. But last year after loosing green card I was involved in two shoplifting charges. Without atto...

    David’s Answer

    In addition to the information in the previous responses, it would be wise to assure that your criminal defense attorney either is experienced with immigration ramifications of criminal matters, or that he/she collaborates with an immigration attorney with that expertise. Merely being charged with the offenses will have only minor immigration-related consequences, but the way those criminal offenses are handled and their ultimate outcomes may have critically important immigration consequences.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Kennedy, P.C.
    Atlanta, Georgia

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  • When does the sponsorship under form I-864 end?

    While I was married I filled out form I-864 for my husband. Before he got his permanent green card we split and are now divorced. After that his status was terminated as USCIS doesn't think that he entered the marriage in good faith. Currently he ...

    David’s Answer

    In addition to the information in the previous response, note that the Form I-864 obligations focus on the responsibility to protect the government from paying needs-based benefits to the foreign national, and not to some direct obligation to provide support to the foreign national. There have been some efforts to create that direct obligation through a "third party beneficiary" theory, but it would be wise for you to consult with your divorce attorney about whether and how you should respond to the email you received.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Kennedy, P.C.
    Atlanta, Georgia

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  • What is admission of a crime under immigration purposes?

    Is admitting to the police that the marijuana is mine before the citation is given makes it an admission of crime for immigration purposes?

    David’s Answer

    In the context of immigration, generally the USCIS will consider admission of the elements of an offense to be the equivalent of a conviction for the offense. Often this takes place in the setting of some sort of pretrial diversion program where an arrested person admits to the court each of the elements of a crime and the court imposes a resolution other than a conventional criminal conviction. It would be wise for you to engage an immigration attorney who, after learning all of the relevant facts, could advise you about the immigration-related consequences of what has taken place so far, and who could advise about other issues of importance for immigration, such as qualification under a minor offense exception, seeking a waiver, etc.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Kennedy, P.C.
    Atlanta, Georgia

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  • Can the process of having a green card residence be faster?

    My mother is a US citizen and her husband is very ill. And she needs help to take care of him. If she applies for my residence, can this situation make the process shorter? I am an adult and married person.

    David’s Answer

    In addition to the information in the other responses, note that this link includes information about visa availability for the married adult child of a U.S. citizen: https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-july-2016.html

    David N. Soloway
    Frazier, Soloway & Kennedy, PC
    Atlanta, Georgia

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