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Robert K D'Andrea
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Robert D'Andrea’s Answers

123 total


  • Immigration question : Should I stay in America ?

    I am in the U.S. on visitors visa . My daughter recently received her citizenship , and filed my I-130. Should I stay in the U.S. and do adjustment of status , or go back to my country and go for consular processing.

    Robert’s Answer

    The 'doctrine of consular non-reviewability' (can't sue the consulate for a bad decision) alone should be enough to lean towards staying in the U.S. to adjust status. Also, no need to wait for adjudication of an I130; this is an IR case so you can combine file immediately. Consult a reputable immigration attorney to help prepare the case properly so you don't waste time and money.

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  • What is the processing time of jointly filled petition to remove conditions on green card?

    I jointly filled petition with my wife in NOVEMBER 2014 to remove conditions on my conditional two year green card. Its over 3 months and few days now but i did not receive any letter or any notification except NOTICE of RECEIPT. i submitted almos...

    Robert’s Answer

    Current processing time for an I-751 petition is about seven months. You should always consult an experienced U.S. business immigration attorney about your case.

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  • Can i petition for my kid while am still waiting for I-130 and Adjustment of Status approval

    I am a foreign National married to US Citizen and right now i have gotten my work permit waiting for the approval of my I-130 and Adjustment of status here is my question... my US Citizen wife want to petition for my kid while am waiting for the a...

    Robert’s Answer

    The petition would fall under the immediate relative category so there is no preference backlog to contend with. Nevertheless, I would file the I-130 petition for the child now because it will take at least six months for adjudication. You should always consult an experienced U.S. business immigration attorney about your case.

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  • What is Obama's immigration reform? Who qualifies? And When can you sign up for process? Answers please.

    Hi I know two people who were extactic to hear about Obama's reform but neither I nor they really understand what it provides or what it means for them. So if anyone can provide some clarification i'd apreciate it. Also would they qualify? Both ha...

    Robert’s Answer

    On November 20, 2014, the President announced a series of executive actions which include: (a) expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to people of any current age who entered the United States before the age of 16 and lived in the United States continuously since January 1, 2010, and extending the period of DACA and work authorization from two years to three years. (b) Allowing parents of U.S. citizens and lawful permanent residents to request deferred action and employment authorization for three years, in a new Deferred Action for Parents of Americans and Lawful Permanent Residents* program, provided they have lived in the United States continuously since January 1, 2010, and pass required background checks. You should always consult an experienced U.S. business immigration attorney about your case.

    Robert K. D'Andrea, Attorney at Law
    D'Andrea Law Corporation, PLC
    (626) 852-8600
    www.dandrealaw.com
    robert@dandrealaw.com

    Legal Disclaimer: This answer above is general in nature and is offered for informational purposes only. This does not constitute an attorney-client relationship. You should retain an experienced U.S. immigration attorney to review all the facts of your case in order to receive specific advice

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  • L1 to H1

    I'm in US with L1 visa with employer A. I have applied H1 COS through employer B. My H1 Petition status in Initial review. I wish to continue in L1 with employer A and do not want H1 COS. What are the procedures that I will allow me to retain my L...

    Robert’s Answer

    Your H-1B employer can submit a letter to USCIS requesting cancellation of the petition. USCIS will stop processing and eventually issue a notice that the case was cancelled. In the meantime it’s important that you continue working for the L-1 petitioner in order to maintain status. You should always consult an experienced U.S. business immigration attorney about your case.

    Robert K. D'Andrea, Attorney at Law
    D'Andrea Law Corporation, PLC
    (626) 240-4688
    www.dandrealaw.com
    robert@dandrealaw.com

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  • What can a fresh graduate do to move to the USA?

    My name is Ahmed Mostafa Ammar, I am 21 years old, I just graduated from the (GUC) German University in Cairo with a bachelor's degree in Business Informatics. I am financially stable and I don't have any medical problems. I was hoping I would ...

    Robert’s Answer

    • Selected as best answer

    You many have several options including school (F-1), work (H-1B, E-2), exchange (J-1), etc.You should always speak with an experienced U.S. immigration attorney about your options.

    Robert K. D'Andrea, Attorney at Law
    D'Andrea Law Corporation, PLC
    (626) 240-4688
    www.dandrealaw.com
    robert@dandrealaw.com

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  • Can I travel to Canada from the US while my H-1B visa is being transferred?

    I have planned trip via road to Canada from the US for 4 days. I have a H-1B (from my previous employer) stamping on my passport and the new company has filed for a transfer with the USCIS. They have not received the approval notice yet but they ...

    Robert’s Answer

    • Selected as best answer

    Your current H-1B visa stamp indicates the name of the petitioner. Even though a new H-1B was timely filed (probably extension of status not consular process) you could have issues at the border because you no longer work for the petitioner listed on your visa. I agree with my colleague, you should wait for the approval notice. If you are in a hurry then your new employer can use premium processing. You should always speak with an experienced U.S. immigration attorney about your options.

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  • How long does this whole process last of getting your visa?

    Ive seen that several people leave back to the united states really fast and others have to stay here longer. My grandmas process was really quick and i just dont understand why im here longer. Ive been here since march 16 and my hardship letter g...

    Robert’s Answer

    It appears you are in Mexico waiting for the adjudication of your I-601 waiver. These types of waivers can take anywhere from 4 months to a year or more. I agree with my colleague, you need to discuss this with your current lawyer.

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  • Here is my situation, 1) I was on l2 visa (valid till June 2013) with an EAD( Oct 2012). 2) H1 Petion got approved in Feb 20

    Here is my situation, 1) I was on l2 visa (valid till June 2013) with an EAD( Oct 2012). 2) H1 Petion got approved in Feb 2012 with COS denied. Q1) Does that mean that If I do not file for COS, I can still work on EAD? Q2) If I can wo...

    Robert’s Answer

    You indicated your L-2 expires in June 2013 (you also mentioned June 2012). As long as the principal L-1 applicant is maintaining status and you have not violated your L-2 status then you can extend your EAD.
    You need to find out why the COS was denied – it might be a status issue.
    You should speak with an experienced U.S. immigration attorney about your options.

    Robert K. D'Andrea, Attorney at Law
    D'Andrea Law Corporation, PLC
    (626) 240-4688
    www.dandrealaw.com
    robert@dandrealaw.com

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  • H1 B RFE

    I have filed my H1 and I received an RFE from USCIS. What is the approximate time USCIS expects a response to the RFE raised ?

    Robert’s Answer

    There’s a filing response deadline on the RFE. Your response must be received (not post marked) by USCIS by that date. You should speak with an experienced U.S. immigration attorney about your options.

    Robert K. D'Andrea, Attorney at Law
    D'Andrea Law Corporation, PLC
    (626) 240-4688
    www.dandrealaw.com
    robert@dandrealaw.com

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