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David Swaim's Answers (10542)

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Archived

How will the visa officer judge my application for F1 as per the below situation?

David's answer | Answered on July 13, 2016

It is my understanding that under Indian law a Hindu marriage is legally valid whether it is registered or not. If that information is true, we...

Archived

How does my pending change of status from an F-2 VISA to an F-1 VISA, influence an EB2-NIW application

David's answer | Answered on July 13, 2016

The NIW case does not impact the change of status but may impact a future visa application. Also, based on what you have described, your situation...

Archived

Does a LPR need to apply for reentry permit if work for a US employer remotely from home country?

David's answer | Answered on July 13, 2016

In this situation you must obtain a reentry permit. Please note you must provide evidence as to why you need to be out of the US, with an exact...

Archived

AOS related questions

David's answer | Answered on July 12, 2016

After the interview the green card can take up to three months but usually it is sent in about 45 days. All family cases are interviewed. EADs in...

Archived

Does a convention outside of the US qualifies as advance parole for DACA?

David's answer | Answered on July 12, 2016

That is business related and several such requests have been granted although I doubt that is what ICE intended. It does not hurt to ask other...

Archived

I have an immigration case that has already been approved through VAWA, but its been on hold for almost 3 years.

David's answer | Answered on July 12, 2016

You need t visit a Board Certified immigration attorney and take all of your documents since it is unclear what exactly is "on hold" if the I-360...

Archived

Can I apply for advance parole during my DACA renewal process? The trip outside of the US will be during my current DACA period.

David's answer | Answered on July 12, 2016

You can certainly apply but it is entirely up to ICE as to whether they will approve it. I would not recommend you press the issue either since...

Archived

Can I fix my husband papers he has been deported 5 times?

David's answer | Answered on July 12, 2016

Unfortunately the answer is no, no, no, no and no.

Archived

A nonresident Mother with B1/B2 Visa with Kids resident on L2 Visa

David's answer | Answered on July 12, 2016

This is really a family law question although even a Board Certified family lawyer will need to consult with an immigration lawyer.

Archived

Do I need a copy of my I-140 approval notice to switch jobs and get my H1-B transferred to a new employer?

David's answer | Answered on July 12, 2016

Although I agree that it is regrettable that people leave employers this way (unless the employee has been with the company for more than five...