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Search: Posts Made By: S Folinsky
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Forum: USA
Nov 26th 2021, 11:31 pm
Replies: 9
Views: 382
Posted By S Folinsky

Re: FATCA legal challenge

FT is behind a pay-wall. That said, I recall the law suit you mention having been filed 2 or 3 years ago. Have no idea what result, if any.

From what I recall reading is that the issue is raised...
Nov 23rd 2021, 2:06 am
Replies: 8
Views: 458
Posted By S Folinsky

Re: Entering and leaving US on a H1B before starting employment

It should be noted that “clarity” may not be forthcoming. Immigration law often has a certain degree of fuzziness and the course of action may be a judgment call.
Nov 22nd 2021, 9:41 pm
Replies: 16
Views: 753
Posted By S Folinsky

Re: US Passport for child born in UK - now living in USA

The "if I was king" is a figure of speech I picked up in a Consular Officer discussion group I was a member of. I kind of liked it.

There are a lot of weird things in immigration law that are a...
Nov 22nd 2021, 9:25 pm
Replies: 8
Views: 458
Posted By S Folinsky

Re: Entering and leaving US on a H1B before starting employment

Hmm. I recall that you previously found it important under the national interest exception COVID travel ban that a denial obviated VWP eligibility.

I do find your posts of interest.

In your...
Forum: USA
Nov 20th 2021, 10:37 am
Replies: 37
Views: 1,681
Posted By S Folinsky

Re: Entering the UK with a US passport

So, the question is whether or not a Maryland notary can certify copies of documents? As per this website (https://www.courts.state.md.us/clerks/calvert/faqsnotary), apparently not.
Forum: USA
Nov 19th 2021, 10:38 pm
Replies: 7
Views: 624
Posted By S Folinsky

Re: Estate planning and wills for US residents with UK assets

I’ve been following this thread with some interest. I would suggest you not “presume” anything. Do note that a US attorney and a UK solicitor can coordinate with each other to insure that your wishes...
Forum: USA
Nov 19th 2021, 10:17 pm
Replies: 37
Views: 1,681
Posted By S Folinsky

Re: Entering the UK with a US passport

FYI, California notaries CANNOT certify copies of driver's licenses, passports, etc. See this article (https://sfnotary.com/copy-certification/) and citations therein.
Nov 17th 2021, 4:07 pm
Replies: 16
Views: 753
Posted By S Folinsky

Re: US Passport for child born in UK - now living in USA

I previously referred to the charts (https://www.ilrc.org/acquisition-derivation-quick-reference-charts) which summarize the prerequisites for acquiring US citizenship at birth. In the case of...
Nov 16th 2021, 3:37 am
Replies: 16
Views: 753
Posted By S Folinsky

Re: US Passport for child born in UK - now living in USA

I used to teach the subject for attorney training courses and my base point would be refer to the charts (https://www.ilrc.org/acquisition-derivation-quick-reference-charts) as a starting point....
Nov 13th 2021, 8:16 pm
Replies: 16
Views: 982
Posted By S Folinsky

Re: Adjustment of status through family sponsorship after overstay

I had viewed OP’s post as being from a “she.” I now see that it could’ve been a “he.” If dad never married the mother, this would raise the question of whether or not the daughter is a daughter for...
Nov 10th 2021, 5:35 pm
Replies: 16
Views: 982
Posted By S Folinsky

Re: Adjustment of status through family sponsorship after overstay

In my opinion, I think the issue may very well be unsettled. I recall that the BIA would issue cases using “interpretation” to go contrary to express statutory language. Arrabally is an example....
Nov 9th 2021, 1:41 am
Replies: 16
Views: 982
Posted By S Folinsky

Re: Adjustment of status through family sponsorship after overstay

Although this is an immediate relative case, OP’s statement of facts discloses potential issues that should be explored and prepared for.

OP’s case might very well go like a hot knife through...
Nov 8th 2021, 8:33 pm
Replies: 6
Views: 379
Posted By S Folinsky

Re: I-407 (Abandonment of Green Card) Termination Date as LPR

If you had any income in the world during 2021 before you abandoned LPR status, that income would be subject to US income tax with the return to be filed in 2022.

Absent execution of an order of...
Forum: USA
Nov 7th 2021, 8:55 pm
Replies: 3
Views: 482
Posted By S Folinsky

Re: U.S. based work for UK employer - U.S. government right to data (?)

Out of idle curiosity as a retired immigration lawyer, I went into Google Scholr and read the actual recent case...
Forum: USA
Nov 7th 2021, 4:49 pm
Replies: 3
Views: 482
Posted By S Folinsky

Re: U.S. based work for UK employer - U.S. government right to data (?)

There has been long simmering issues regarding the authority of Customs & Border Protection to examine electronic devices at time of applying for admission to the United States. A quick Google search...
Nov 6th 2021, 10:25 pm
Replies: 10
Views: 665
Posted By S Folinsky

Re: L1B Visa to Green Card via marrying a USC - I-765 Processing times?

BTW, I’ve seen online discussions suggesting that unauthorized employment during the pendency of an immediate relative adjust application is a “no harm, no foul” situation. Word of warning: false...
Nov 6th 2021, 4:33 pm
Replies: 10
Views: 580
Posted By S Folinsky

Re: F1 visa approval with no qualifications?

From my viewpoint as a retired immigration attorney, I would not bet money on the ultimate success of an application for an F-1 visa. That said, I sense possible success if the narrative is posed...
Nov 4th 2021, 8:16 pm
Replies: 10
Views: 665
Posted By S Folinsky

Re: L1B Visa to Green Card via marrying a USC - I-765 Processing times?

The I-693 is completed by the panel physician and is provided to the non-citizen applicant with warnings not to open the envelope. I recall that some clients would request a photocopy and perhaps get...
Nov 3rd 2021, 7:31 pm
Replies: 10
Views: 459
Posted By S Folinsky

Re: Working when Citizenship is delayed

You have been informed that although your I-551 card may have expired, your residence STATUS has not. The card is merely evidence of that status. Take a look at the I-9 form...
Nov 3rd 2021, 12:57 am
Replies: 10
Views: 447
Posted By S Folinsky

Re: Civil Partnership and L1 Visa

In the link I provided, the FAM suggests that the visa holder should request admission for a year. Also, the consular officer can make a notation on the visa that it is a cohabiting family member.
...
Nov 2nd 2021, 6:59 pm
Replies: 10
Views: 447
Posted By S Folinsky

Re: Civil Partnership and L1 Visa

Household members can obtain a B-2 visa to accompany or join a long term non-immigrant in the US. This has often been used for unmarried domestic partners, parents, etc. Before gay marriage became...
Nov 2nd 2021, 4:45 pm
Replies: 12
Views: 661
Posted By S Folinsky

Re: Stuck at last step of immigration process

I discussed this in another thread lately. A “refusal” includes cases which need further processing. The page image you posted notes that.

On the DX shipment, you say that the label was generated...
Nov 2nd 2021, 12:28 am
Replies: 6
Views: 652
Posted By S Folinsky

Re: EB-5 visa - investment firm in USA

Angelo Paparelli (https://www.seyfarth.com/people/angelo-a-paparelli.html) is excellent. He knows his stuff. Feel free to give my name. The fee for his consultation will be well worth it.
Oct 30th 2021, 6:53 pm
Replies: 12
Views: 879
Posted By S Folinsky

Re: The fate of the National Interest Exception

Sorry to say that is not really a "clear" answer. Allow me a story from when I was in practice. (Under very different past versions of US immigration laws).

There used to be a procedure called...
Oct 30th 2021, 1:55 am
Replies: 12
Views: 879
Posted By S Folinsky

Re: The fate of the National Interest Exception

Your interpretation is correct as to the PRACTICAL effect of what is happening. But the underlying system is that the interview results in either approval or denial. One or the other. That said, a...
Showing results 1 to 25 of 1000
 


 
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