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Brian David Lerner
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Brian Lerner’s Answers

1,428 total


  • Can I stay in the US after my F-1 visa expires (post graduate)? If yes, for how long? If no, then what will be the consequences?

    Currently, I'm working in the US through OPT (Option practical training). My visa expires in few months. If I can, then how long can I stay here with an expired visa. If no, what will be the consequences of staying with the expired visa?

    Brian’s Answer

    Hello:

    While you are in the U.S., your visa does not control your status and expiration of your visa will not affect your stay in the U.S.

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  • I am on a pending asylum case, still waiting for the USCIS asylum interview. i win the dv lottery 2017. can i adjust my status?

    i am on a pending asylum case, still waiting for the USCIS asylum interview. i entered the country on September 2014 got a 6 month stay and filed my asylum application on January 2015 which means before my stay expires by 2 months. i win the dv lo...

    Brian’s Answer

    Hello:

    While you cannot adjust status under the DV, if you are not inadmissible on other grounds, you could consular process and will not need to do a Waiver of the 3/10 year bar if your asylum petition is bona-fide and you did not accrue more than 180 days of unlawful presence prior to the submission of your asylum application.

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  • Is there any way to speed up I-612 immigration form for 2 year residency waiver?

    I applied for hardship waiver. I started the process in Feb 2016 and after submitting all documents it was considered b the USCIS California central office in April 2016. Now, California office is experiencing delays while other offices are no...

    Brian’s Answer

    Hello:

    The only way to realistically speed it up, is to make sure it is properly done and submitted so that it has a better chance of approval.

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  • Is it possible to go back and get an undergrad OPT after finishing Master's degree OPT?

    I am a foreign student who came to the USA and finished my MBA (2 mba's acutally just to maintain status). I used up my one year of OPT and used the second degree to get CPT. But despite all my efforts, I was unable to stay here. I have also done ...

    Brian’s Answer

    Hello:

    Assuming it is a different degree than what you currently have, you could do that and the an F-1. You might want to ultimately look for an employer to petition you for a work visa.

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  • How long will it take for my wife in Nigeria to be called for interview and to receive immigrant visa?

    My wife's F2A priority date is Sept 2015. I just received case number and notice from NVC to pay fees, and submit completed AOS & IV form & support docs in 2-3 business days.

    Brian’s Answer

    Hello:

    Normally, it is a few months for the NVC to process and then transfer to the Consulate (after you have submitted the required documents).

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  • I am an asylee and just received my LPR based on asylum and back dated one year. Can i apply for citizenship based on marriage

    I got married to a US citizen before i applied for adjustment of status. But i still applied based on asylum and got my green card back dated one year. So normally i get to apply for citizenship in four years from today. Is there an option to ap...

    Brian’s Answer

    Hello:

    Normally, to get the 3 year residency exception to the normal 5 year requirement, you would have had to receive the Green Card based upon the marriage to the U.S. Citizen.

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  • How do I bring a domestic employee?

    We are expecting our second kid and are planning to bring a domestic employee from India. I am on an H-1B VISA and my wife is on H-4. What is the process and key considerations to bring such a person?

    Brian’s Answer

    Hello:

    ;While this can be done, it will be very difficult. You might look into the J-1 program.

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  • Could she apply the form I485 and get the green card

    My wife has found her name been selected for further processing in great card lottery, I still have a court day after 2 months for simple assault that I had been accused for to my old house roommate. We both her , she has f1 student visa, and I'm ...

    Brian’s Answer

    Hello:

    Your question is unclear. However, she should proceed as to applying for residency based upon the Diversity Lottery. Time is limited. After, you can apply as a derivative, but if you are inadmissible, you will need a waiver.

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  • I have a "Paroled" stamp on my passport, purpose "dt" on ag-2013

    I have a visa C1/D, I was working in a cruise for 5 years as a seaman, until one day I got drunk on the cruise and I got fired, I was in the cruise without working for a week, and then they took me to the airport under safeguard to return to my co...

    Brian’s Answer

    Hello:

    It may make it more difficult for you to prove your intention to return to the Philippines after a visit to the U.S.

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  • Can i work as a Registered Nurse on H4 visa status? Or Can I apply for a special visa if any specific visa available to work?

    Currently i am on L2 dependent Visa and my spouse H1 picked in CAP-17 lottery so i will become on H4 status in Oct-16. Shall i be eligible to work as a Registered Nurse starting from Oct-16 onwards? Is there a way for me to get my own work visa?

    Brian’s Answer

    Hello:

    No. You should apply for a work visa. However, that will be difficult for a temporary work visa based upon being a Registered Nurse. However, if they petition you, then you can avoid the PERM and get an I-140 Schedule A filed. However, there will still be a wait list for the visa number to become current.

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