Archived
I was in the US under an F1 visa + OPT. I stayed after my OPT's expiration. I returned to France. Can I reenter the US?
Scott's answer
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Answered on October 06, 2011
Your facts are like a law school exam question. The F-1 overstay does not necessarily make you ineligible to return on the Visa Waiver Program,...
Archived
How long can a German citizen stay with me in the U.S. before we must get married?
Scott's answer
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Answered on October 06, 2011
More information is required regarding her manner of entry to the U.S., the particular visa status she has, and the duration of her status. This...
Archived
Expired green card holder with felony charge. will i be deported after my case? am i permanently banned from being naturalized?
Scott's answer
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Answered on October 06, 2011
An LPR convicted of a drug trafficking offense will be deported as an aggravated felon, unless there is a clear probablility that the LPR would be...
Archived
Can i re-enter the US?
Scott's answer
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Answered on October 06, 2011
Under these facts, you would be inadmissible for a period of 10 years from the date of your last departure (see Section 212(a)(9)(B) of the...
Archived
I want to marry my boyfriend of 8 years but he is illegal?
Scott's answer
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Answered on October 06, 2011
Every case is different, but anytime a non-citizen is detained for being unlawfully present in the U.S. or in jail on a criminal charge, the family...
Archived
H-1B will be effective in 5 months?
Scott's answer
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Answered on October 06, 2011
That is correct. USCIS may authorize a change of nonimmigrant status up to 6 months before the anticipated start date. Approval of the I-129H...
Archived
Ice
Scott's answer
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Answered on October 06, 2011
ICE needs a warrant issued by a judge to enter a home without permission. If it does not obtain a warrant first, and breaks in without permission,...
Archived
Immigration interview
Scott's answer
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Answered on October 04, 2011
Stokes interviews are conducted without advance notice. But applicants and petitioners have certain rights. In addition to the right to remain...
Archived
Second marriage
Scott's answer
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Answered on October 04, 2011
All marriages may come under the USCIS microscope when a non-citizen applies for lawful resident status. She should gather together proof of both...
Archived
H1b extention beyond 6 years and DUI pending.
Scott's answer
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Answered on September 13, 2011
The DUI will probably not affect the H-1B extension. It is not possible to advise on the relative (de)merits of DUI vs. reckless driving without...