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Curtis Frederic Pierce

Curtis Pierce’s Answers

325 total


  • F1 student to H1b as Clinical Research Assistant

    I'm international medical graduate. I came to US on J1 research scholar visa by cleveland clinic. Then I got an waiver for 2 year HRR and changed my status to F1 student by Kaplan Medical for USMLE prep exam. Now my current F1 Visa status is e...

    Curtis’s Answer

    If you are still in a period of OPT, you may benefit from the cap gap extension.
    You are eligible for the cap gap extension if both:
    Your employer files an H-1B petition for you, on or after April 1, and requests a change of status to H-1B to begin October 1.
    You are still within your OPT authorization period, or 60-day grace period following the OPT expiration, when your employer submits the H-1B petition on your behalf (on or after April 1).

    If you do not benefit from cap gap extension, the transfer to ESL may work. Or you should leave before you are out of status. Even if you are not in OPT, you have 60 days from the expiration date of your status to depart the US.

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  • Is there any way to find out his immigration record?

    My boyfriend was detained at the border using a CA id under a different name, he was fingerprinted and let back in to the US...we were told he could never immigrate since he was fingerprinted using another US citizens name...is this true? This hap...

    Curtis’s Answer

    False claim to US citizenship after September 30, 1996 cannot be overcome by waiver.

    Inadmissibility based on a false claim to U.S. citizenship made on or after September 30, 1996​ [11] IIRIRA made September 30, 1996 the effective date of the new INA 212(a)(6)(C)(ii). See Illegal Immigration Reform and Immigrant Responsibility Act, section 344(c), Pub. L. 104-208 (September 30, 1996). cannot be waived through a waiver for fraud or willful misrepresentation.​ [12] See INA 212(i). Some separate adjustment mechanisms, such as INA 209 (for refugees and asylees) may have more broadly available waivers that could apply to an applicant who is inadmissible under INA 212(a)(6)(C)(ii). For example, INA 209(c) allows the waiver of many grounds of inadmissibility, and does not list INA 212(a)(6)(C)(ii) as a ground that cannot be waived. However, because IIRIRA’s changes were not retroactive, ​applicant​s who falsely claimed U.S. citizenship before September 30, 1996, are considered inadmissible for fraud or willful misrepresentation and may still seek the fraud or willful misrepresentation waiver.

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  • Immigration related question

    I'm working for Employer X in L1B Visa. I found two employers(Y and Z) who are willing to file H1B in 2016 with CoS(change of status) for me. Here are my concerns: Once my H1B is picked with employer Y or Z with CoS still can i work with curr...

    Curtis’s Answer

    I notice you have thus far received 3 different answers. I tend to agree with my colleague who suggested that the employer not file for a change of status, just H-1B. That said, you may want to hire an attorney to research this. (Also, it seems like these employers are going through significant expense for a potential employee who is not committed to working for them. This could possibly subject you to some economic liability, but that is a question for an employment or business attorney.)

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  • She has been in US for 8 months, do you think they can take her green card away? She lives with her parents and is 25 years old

    Sponsored my wife from Canada two years ago. She was in India at that time. Last year she received her green card through her parents and moved to US. We havent started living together as I was waiting for the canadian immigration to give her the ...

    Curtis’s Answer

    Yes, the US government cares about immigration fraud, which is a serious crime. I am confused about something. Are you an American citizen? If so, why did your wife immigrate through her parents? Normally, a petition filed by an American citizen spouse would be faster and would remove the temptation to commit fraud.

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  • Is there ANY way to return at all? Possibly as a non immigrant?

    I am a former LPR resident. I lived in the U.s. since 1997 however I got busted with H.S. 11377 possession of meth in 2013 and as a result lost my green card and was deported. I left on my own recognizance in 2014 and recently just completed the c...

    Curtis’s Answer

    Agree with my colleagues. The 212d3 waiver is in conjunction with a nonimmgrant visa. This means if it were granted, you would not be given permission to remain in the US indefintely.

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  • Further processing of i-130 IR1. .

    When I was 17 years, I fought with my mother and got emotionally set and harmed myself. For which I don't have any medical report. Now during medical exam, I was told to take physiatric test and then Medical report was sent to consulate and I wa...

    Curtis’s Answer

    Was the I 130 denied? Or was it application for immigrant visa? Sounds like you should consult with an experienced immigration lawyer.

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  • While applying for Citizenship, does immigration run or need background checks, even though u were in foreign countries?

    I have been here in US for last 3 years. while applying for Citizenship on the basis of US citizen partner, does immigration run or need background checks of US & foreign countries?

    Curtis’s Answer

    You should assume that every conviction from anywhere in the world will be revealed. Therefore, every arrest must be disclosed.

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  • Can the officer deport him?what should he do?

    My friend is a green card holder but he could not come to US in last 5 years.Now he wants to move to US but he is worried of being deported by the officer in the airport.

    Curtis’s Answer

    Why could he not come to the US for 5 years? Did he continue to pay taxes and maintain the US as his primary place of residence? These are some of the questions that must be analyzed to determine whether or not he has abandoned his residency.

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  • How can I get a copy of my husband's immigration record? I would like to petition for him.

    I want to petition for my husband who is in the US but i know he has been detained by immigration. We have 3 kids and I would like him to be legal in the US. I dont work and if he ever gets deported I dont kbow what I would do.

    Curtis’s Answer

    You can do a FOIA. What happened when he was detained? What does he recall? If he was removed and came back illegally, that could be very problematic.

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  • Does a PERM filed before J-1 obtained signify immigrant intent?

    I've been on a J-2 visa and work at an employer who has been working on getting me a green card. We've filed a PERM that is soon to be processed but my J-2 is now expiring and I'm contemplating leaving and coming back on a J-1. (not subject to two...

    Curtis’s Answer

    I agree with my colleagues. Could be problematic.

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