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Avi Friedman

Avi Friedman’s Answers

154 total


  • How long can I stay outside of the united states as a permanent resident?

    How long can I stay outside of the united states? I am a permanent resident ? Thank you

    Avi’s Answer

    United States permanent residence requires that you live in the U.S. If you are out of the U.S. for more than six months this can break your accumulation of residence for the purpose of applying for citizenship. Furthermore, an extended absence can result in you losing your permanent residence status.

    If you plan to be out of the U.S. for more than 180 days, you should explore the option of a re-entry permit. This must be filed with USCIS prior to your departure, while you are still physically present in the U.S. As part of the reentry permit application, the Immigration Service must take applicant's biometrics/fingerprinting in the U.S. This permit can be valid for up to two years. You must return to the U.S. prior to the expiration of the Reentry Permit.

    Please keep in mind that regardless of whether you have an re-entry permit, it is critically important to continue to maintain your permanent resident status. Factors that USCIS considers are, for instance, whether you have maintained a U.S. residence, a state driver’s license, a U.S. bank account and most importantly whether you continue to file as a “resident” (as opposed to “non-resident) for U.S. income tax purposes.

    I recommend that you contact an immigration attorney asap to discuss your possible options.

    Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | afriedman@wolfsdorf.com | www.wolfsdorf.com | Offices in Santa Monica, CA and New York City

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  • On J1 visa, my boyfriend's DS 2019 has expired. Can my boyfriend still apply for the waiver for two-year home requirement?

    On J1 visa, my boyfriend's DS 2019 has expired. Can my boyfriend still apply for the waiver for two-year home requirement?

    Avi’s Answer

    Certain J-1 exchange visitors are subject to a two-year home-country physical presence requirement under INA Section 212(e) which requires you to return to your home country for at least two years at the end of your exchange visitor program. If you are unable to return to your home country to fulfill the two-year requirement, you must obtain a waiver approved by the Department of Homeland Security prior to changing status in the U.S. or being issued a visa in certain categories (such as an H or L) for travel to the U.S.

    The five options for a waiver include:

    1. No Objection Statement (not permited for foreign medical physicians who acquired exchange visitor (J-1) visa status on or after January 10, 1977, for the purpose of receiving graduate medical education or training to use this option)

    2. Request by an Interested U.S. Federal Government Agency

    3. Persecution

    4. Exceptional Hardship to a U.S. citizen (or lawful permanent resident) spouse or child of an exchange visitor

    5. Request by a designated State Public Health Department or its equivalent (Conrad State 30 Program)

    Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | afriedman@wolfsdorf.com | www.wolfsdorf.com | Offices in Santa Monica, CA and New York City

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  • What documents to bring to AOS interview to show bona fide marriage?

    Hi, my wife is applying for AOS. We haven't received the interview notice yet but would like to prepare for it. We currently have the following docs to show bona fide marriage: - Joint lease, renters insurance, car insurance, bills, credit c...

    Avi’s Answer

    I recommend that you consult with an immigration attorney asap to assist you and your spouse in anticipation of your adjustment of status interview.

    An attorney can assist with reviewing your forms and supporting documents, advise regarding the interview with USCIS, review your joint documents (and provide a list of suggested documents which can evidence your legitimate and bona fide marital relationship) and represent you at the in-person interview.

    Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | afriedman@wolfsdorf.com | www.wolfsdorf.com | Offices in Santa Monica, CA and New York City

    This message is provided for general informational use only and is not specific legal advice. This communication does not create an attorney-client relationship.

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  • How long does it take for my sister to get e green card.

    I'm an american citzen (her sister) and her husband is a green card holder. She's in america under a student visa. Who should ask for her green card (me or her husbando) and how long would it take in average?

    Avi’s Answer

    It will be quicker if her husband files the immigrant visa petition. See the attached Department of State Visa Bulletin for a list of the current priority dates. She should consult with an experienced immigration attorney regarding the application and the impact on her student visa status.

    Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | afriedman@wolfsdorf.com | www.wolfsdorf.com | Offices in Santa Monica, CA and New York City

    This message is provided for general informational use only and is not specific legal advice. This communication does not create an attorney-client relationship.

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  • If i am on a B1/B2 Business Visa and have been offered employment to legally enable me to work what work permit do I need.

    Is it true my employer justs needs to provide a written letter outling their intention to employ me and then I can change my status so I am legally able to work in the US.

    Avi’s Answer

    I recommend that you contact an immigration attorney asap to discuss your possible non-immigrant visa options such as an H-1B visa. See the attached link for a summary.

    Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | afriedman@wolfsdorf.com | www.wolfsdorf.com | Offices in Santa Monica, CA and New York City

    This message is provided for general informational use only and is not specific legal advice. This communication does not create an attorney-client relationship.

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  • Does a e2 visa mean you are married or single

    Trying to find out if a E2 on a visa means you are married or single

    Avi’s Answer

    An E-2 is a visa classification that stands for a non-immigrant investor visa.

    Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | afriedman@wolfsdorf.com | www.wolfsdorf.com | Offices in Santa Monica, CA and New York City

    This message is provided for general informational use only and is not specific legal advice. This communication does not create an attorney-client relationship.

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  • When sending proof of a real marriage, do I send the proofs with the applications or do I just bring them to the interview?

    (for i-130) I was thinking that I needed to but wasn't sure. Do I need to send pictures or do I just bring those to the interview?

    Avi’s Answer

    I recommend that you consult with an immigration attorney asap to assist you and your spouse - if your spouse is a U.S. citizen and you entered the U.S. with inspection (or qualify for 245i) you may also be able to file an application for adjustment of status.

    An attorney can assist with preparing the forms and supporting documents, advise regarding the interview with USCIS, review your joint documents (and provide a list of suggested documents which can evidence your legitimate and bona fide marital relationship) and represent you at the in-person interview.

    Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | afriedman@wolfsdorf.com | www.wolfsdorf.com | Offices in Santa Monica, CA and New York City

    This message is provided for general informational use only and is not specific legal advice. This communication does not create an attorney-client relationship.

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  • Traveling with K1 visa

    Hello, I have K1 visa and I ll go to US next month and very soon marry to my fiance...He is in Phoenix and we wanna go in San Diego on honeymoon...But, can I traveling in US and cross of the border (in California) while I didn t get Social number...

    Avi’s Answer

    Yes, you can travel while in the U.S. Make sure to carry your passport with the K-1 visa and I-94 and your approval notice.

    I recommend that you consult with an immigration attorney to assist you and your spouse with an application for adjustment of status.

    An attorney can assist with preparing the forms and supporting documents, advise regarding the interview with USCIS, review your joint documents (and provide a list of suggested documents which can evidence your legitimate and bona fide marital relationship) and represent you at the interview.

    Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | afriedman@wolfsdorf.com | www.wolfsdorf.com | Offices in Santa Monica, CA and New York City

    This message is provided for general informational use only and is not specific legal advice. This communication does not create an attorney-client relationship.

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  • I am filing form I-485. Do I "HAVE" to file form I-131 if I do not intend to leave the country??

    I am filing jointly with a I-130 petition. I do not wish to travel abroad anytime before I recieve my conditional permanent residency. Do I need to file I-131 still?? Also, if I dont file I-131, will I be able to travel after I recieve my conditio...

    Avi’s Answer

    No, there is no requirement that you file an advance parole application. If you don't, you will be unable to travel out of the U.S. until your green card is approved.

    Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | afriedman@wolfsdorf.com | www.wolfsdorf.com | Offices in Santa Monica, CA and New York City

    This message is provided for general informational use only and is not specific legal advice. This communication does not create an attorney-client relationship.

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  • How long does it take to get us citizenship after filing my application?

    I'm posting this question although there are other similar ones to get the most recent answer. I've lived in the south for basically all my life (I'm 19 years old) and I need to get my US passport before next August. How long will the process t...

    Avi’s Answer

    The complexity of the naturalization application depends on a variety of circumstances. Since these issues may impact your eligibility for naturalization, it is usually critical for you to have expert advice before filing your application. We have encountered situations where a permanent resident failed to register for selective service, had a minor criminal conviction, or did not work for his/her petitioning employer for a sufficient period of time. The processing time varies by jurisdiction but hopefully should be completed by next June.

    Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | afriedman@wolfsdorf.com | www.wolfsdorf.com | Offices in Santa Monica, CA and New York City

    This message is provided for general informational use only and is not specific legal advice. This communication does not create an attorney-client relationship.

    See question