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Brian David Lerner
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Brian Lerner’s Answers

1,428 total


  • Can I apply for immigrant visa (green card) in a 3 country?

    I From Egypt and I came here in F1 visa and I applied for asylum before I leave my school , I mean my F 1 Visa not valid right now, my wife won the DV lottery 2017 in home country she is not here with me In United States My question I can't retu...

    Brian’s Answer

    • Selected as best answer

    Hello:

    Being on F-1 would mean you should not be subject to the 3/10 year bar, so therefore, when you do leave, you would not need a Waiver of Inadmissibility to get back.

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  • What are my options?

    I have a very wierd situation. Had my green card interview done early december 2015. USCIS did a visit to my house while i was at work and met my wife. They looked at our belongings, rooms ect. Wife is a CU6 i am a overstay on a F-1 student visa. ...

    Brian’s Answer

    Hello:

    If there was severe emotional abuse, you might qualify for VAWA.

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  • Petition for my wife and son

    I'm a permanent residence I want to bring my wife and son from my country in Ecuador. How long does it take.

    Brian’s Answer

    Hello:

    It will take some time. However, if you qualify to become a U.S. Citizen, it will take considerably shorter. Also, if you were married prior to your Green Card, a following to join petition might be able to be done right now.

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  • Want a Divorce

    I am from the Philippines & I got here last sept 27, 2016 under cr1 visa. We stayed together 8 months now, the first 5 mos was ok but as we go along theres a lot of things that we didn't agreed that led to arguments. In short, we didn't get along ...

    Brian’s Answer

    Hello:

    Assuming the marriage was entered into in good faith, and a divorce occurs, you can file the petition to remove the conditional residency along with a divorce waiver.

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  • Can I get a work permit without my us citizen wife? We agreed that I can take my 4 kids because she has 8 kids total

    I've been married for 5 years to my wife. We have 4 kids together. I lived here in the usa for 5 years. My wife the usa citizen did not enter this marriage in good fate,but I did not know til after we got married. But I still tried to make it work...

    Brian’s Answer

    Hello:

    The question is a bit unclear. However, there might be a possibility of VAWA for severe emotional abuse.

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  • What is the latest news regarding CSPA for Derivative Beneficiary turn & over 21 of age?

    Dear Sir/Madam, My name is Arthur Alcantara (Principal Applicant) for F-3 and my priority date is 15-Feb-1994., I have 3 derivative children that included in I-130 form that my father ( Petitioner ) file the petition for me including my 3 childre...

    Brian’s Answer

    Hello:

    You will need to determine first if these children actually fall under the CSPA by calculating various factors such as how long it took the I-130 to get approved and when the priority date became current and the type of petition filed.

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  • What is going on with my I-130 ?

    I have been married since 2013 and have a two year old son. I filed I-130 for my husband in may 2015 as soon as I became a citizen. but right BEFORE we filed I-130, my husband got processed by DHS (Since he got processed, we could only file I-130)...

    Brian’s Answer

    Hello:

    There are ways to expedite the I-130 if you are in proceedings.

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  • Can I apply for green card restriction removal and citizenship at the same time?

    I have been married to my wife since the 12th of December 2012, my conditional gc was issued September 2014, I will be applying to remove conditions Aug 2016, by now I would hv been married 3 yrs 6 months. Can I apply for the continual removal and...

    Brian’s Answer

    Hello:

    You would need to apply in a timely fashion to remove the conditional residency. The Naturalization can be applied for 3 years after receiving the conditional green card.

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  • Is USCIS accepting EMPLOYMENT-BASED VISA APPLICATIONS(I485 EB2) ,whose PD is on or before July 2009?? Please advice

    My PD is Jan 2009(EB2). I was waiting for my date to become current until May 2016. The PD for final action retrogates to Oct 2004 as per June 2016 Visa Bulletin.But still my date for EAD filing is current as per June Visa bulletin , which is July...

    Brian’s Answer

    Hello:

    This depends what country you are from. If it is current, the of course, it will be accepted.

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  • Will I be able to get assistance in obtaining a sponsor and a green card to work in the State of Florida-Lauderhill?

    Iam a RN RM CERN working in Jamaica and I passed my NCLEX RN for the State of Florida. I have a visa and have been travelling to the USA since childhood ,but my problem is obtaining a green card or a work permit to work in Fort Lauderdale and to ...

    Brian’s Answer

    Hello:

    You would be able to go on a Schedule A I-140 without the PERM. However, you must find the sponsor yourself to agree to sponsor you.

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