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Brian David Lerner
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Brian Lerner’s Answers

1,428 total


  • Is there any problem if my son apply for an opt, because he filled a Ds-260 for a family visa that now appears as not available?

    My mom is an american citizen, she filled form I-130 for my family, and finally nvc send us DS-260 for all of us, but now my oldest son is 29 years old, as nvc send a form for him too, I paid it and told him to make the application and send it, th...

    Brian’s Answer

    Hello:

    In order for your son to get the visa, the visa number must be current based upon the category upon which he was petitioned.

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  • Which visa category can i apply to enter in US and publish an E-book?

    I am living outside of the US right now. I don't have any US citizenship pr permanent residency. I would like to publish an e-book and sell it in the US. What can i do or what visa category can i apply to enter in the US and do it?

    Brian’s Answer

    Hello:

    If you come from a Treaty Country, you can open your own business in the U.S. under an E-2 Visa after making the proper investment.

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  • Will my daughter be able to come back in the United States after being gone for 11 months ?

    My daughter has a green card but she attends school in Jamaica and has been gone for 11 months now , I plan on taking her back in the US next month , will she be ok to enter the US being that she has been gone so long ? I'm worried and I'm afraid ...

    Brian’s Answer

    Hello:

    The Green Card can be used for entry up to 1 year after departure. However, she might b questioned on her intent and reasons for being out so long.

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  • Can I apply for an humanitarian asylum if my son needs to take medicines that I can't buy in my country?

    I live in Venezuela and I'm thinking in apply for an humanitarian visa in USA, because is practically impossible to find the medicines that my son has to take. He has Asperger Syndrome and he needs to take medicines to avoid convulsions. Also, he ...

    Brian’s Answer

    Hello:

    You cannot use a humanitarian parole to bypass normal visa requirements. At this point, if he cannot get the proper medical attention, then a temporary B2 might be issued for purposes of receiving medical treatment in the U.S. However, it might be better for you to get petitioned on some employment based visa and take him as a beneficiary.

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  • H-1B Visa transfer filed 1 day before previous H-1B revoked.

    Hello, I need some kind advice from all the experts on this forum. My position with my current company ended on 15th May but I had already received and accepted an offer from another Employer on 6th May, i.e. before my position ended. However, ...

    Brian’s Answer

    Hello:

    It is a bit unclear as to the filing and timing. However, if the new H-1B was properly filed under the portability provisions, then there would be a reasonable chance it would get approved.

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  • In order to get an extension to an expiring green card, do I need to show any proof at the USC Office?

    I have applied for Naturalization and my green card expires in about a month. I got the interview for Naturalization few days before the expiring Green Card but I am traveling to Italy a week before my Green card expires and I am bak in the countr...

    Brian’s Answer

    Hello:

    Explaining the situation will not help. You need to apply for the extension and then make an appointment to get down to Immigration so that you can get a temporary I-551 extension on your Passport.

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  • How can I get legal

    My son's girlfriend is planning to get married to him so she can become legal they have a new baby, and she also needs a social security number what can they do

    Brian’s Answer

    Hello:

    There is not enough information in this question. The marriage must be bona-fide and then it would need to be determined whether there are any inadmissibility issues; whether it is possible to adjust; whether waivers are needed, etc.

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  • Hey how are you. My name us umair and i am in usa currently on f1 visa can want to call my wife on f2 visa.

    Firslty i got admission in umass dartmouth but than i transfered my sevis to notre dam uni of mary land where i will be doing english course for 2 months and in between i ll be applying to university in mary land so when i will apply will i also a...

    Brian’s Answer

    Hello:

    The question is not very clear. However, you will have to clearly explain how you marked 'single' instead of 'married' and show there was no intent to defraud.

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  • RFE - Applied EAD 120 days before expiration

    Received RFE for EAD application which is applied 120 days before expiration. RFE says - Record indicated current EAD expires on Feb 17, Please provide a statement that explains the reasons why you are seeking a new EAD more than 120 days prior t...

    Brian’s Answer

    Hello:

    While you could simply apply again, there must be a valid basis in order to get the EAD in the first place.

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  • Is " not renewing J-1 visa " one of the ways to waive the 2-year home residency ? and how " obtaining a green card" affect it ?

    I will apply for J-1 Status ( exchange Visitor ) sponsored by a hospital. The only concern is the 2-year home residency after that. let us say I get green card during the years of J-1 visa and decided not to renew the J-1 ( which happens yearly)...

    Brian’s Answer

    Hello:

    No. In order to Waiver the 2-year foreign residency requirement, you must prepare and submit the waiver.

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