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Search: Posts Made By: S Folinsky
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Aug 6th 2020, 8:32 am
Replies: 31
Views: 781
Posted By S Folinsky

Re: The Nuclear Weapon at 75

Tokyo was deliberately not on the target list for the atomic bomb. It had already been destroyed by the March 10, 1945 firebombing. That bombing is the most devastating single raid.
Forum: USA
Aug 3rd 2020, 6:41 pm
Replies: 13
Views: 766
Posted By S Folinsky

Re: Beneficiary change of address

As I have frequently noted, I am speaking of generalities. Yes, in each individual case, there can be only one spouse. But note that the relevant point in time is when the principal beneficiary is...
Forum: USA
Aug 3rd 2020, 3:30 pm
Replies: 13
Views: 766
Posted By S Folinsky

Re: Beneficiary change of address

OP stated it was for a sibling which suggests it is for FB-4 classification. (I still think of it as “fifth preference” even though it’s been 30 years. I’m showing my age. But I digress).

FB-4 is...
Aug 2nd 2020, 8:24 pm
Replies: 8
Views: 287
Posted By S Folinsky

Re: Fee increase

Did you make a typo in your stated dates?
Aug 1st 2020, 7:04 pm
Replies: 4
Views: 306
Posted By S Folinsky

Re: Marriage US and UK Citizen ( is marriage recognise in UK?)

I used the word “generally” because the issues can get complicated. In the international context, the magic word is “comity.” The issues can get quite interesting when there is a prior marriage...
Jul 30th 2020, 6:27 pm
Replies: 4
Views: 306
Posted By S Folinsky

Re: Marriage US and UK Citizen ( is marriage recognise in UK?)

General choice of law rule: a marriage is recognized as valid if valid at the place of celebration.
Jul 22nd 2020, 4:35 pm
Replies: 2
Views: 379
Posted By S Folinsky

Re: I-751

The regulations specifically allow filing from abroad. Also, an expired I-551 is deemed to be unexpired provided holder is returning within one year of departure (although the departure airport...
Jul 22nd 2020, 4:08 am
Replies: 25
Views: 1,341
Posted By S Folinsky

Re: Esta revoked after check in.

It’s a tad more complicated. I lecture on the subject for the bi-annual training offered by the Immigration Section of the LA County Bar Association. I tell the lawyer students “look at the charts...
Jul 22nd 2020, 1:21 am
Replies: 36
Views: 1,711
Posted By S Folinsky

Re: We got married! Now what?

I seem to recall. that timely extension applications result in a 240 day extension of employment authorization. Given that I’m retired I don’t recall if this is still in place.

Your questions are...
Jul 21st 2020, 10:07 pm
Replies: 25
Views: 1,341
Posted By S Folinsky

Re: Esta revoked after check in.

Now that is an “admission.” There were several alternatives to WT which have the bottom line of being physically enlarged into the US.

The visa waiver program was started in the mid-80’s as a...
Jul 21st 2020, 5:09 pm
Replies: 25
Views: 1,341
Posted By S Folinsky

Re: Esta revoked after check in.

I’ve read the thread several times and see no mention of being admitted. I do wonder what status the child was allowed physically into the US.
Jul 20th 2020, 10:51 pm
Replies: 11
Views: 615
Posted By S Folinsky

Re: I-751 - petition to remove conditions on residence

In regards to timing, a join petition cannot be filed “early” but can be filed at anytime before leaving the US.

Out of idle curiosity, what is to prevent you from stating you mailed in a timely...
Jul 19th 2020, 8:59 pm
Replies: 7
Views: 474
Posted By S Folinsky

Re: Longer term absence during naturalisation process

Further general comment - there are limited circumstances based on employment abroad where an application can be made to excuse a green card holder from the continuity requirement. See sections...
Jul 19th 2020, 5:19 pm
Replies: 7
Views: 474
Posted By S Folinsky

Re: Longer term absence during naturalisation process

I apologize in advance for a legalistic answer. An absence of 180 days to 1 year is “presumed” to break continuity. An absence of one year or more is a “conclusive” break. What this means is that if...
Jul 19th 2020, 1:58 am
Replies: 11
Views: 690
Posted By S Folinsky

Re: Re-entry Permits + travel to the US

My posts in this forum are deliberately meant to generalized in nature.

A general point may help you figure out the answers to the questions you pose. When I was in practice, many permanent...
Jul 17th 2020, 9:45 pm
Replies: 11
Views: 690
Posted By S Folinsky

Re: Re-entry Permits + travel to the US

You are not wrong, but not quite right either. An absence of 180 days or over is a “presumed” to break continuity of residence, while an absence of a year conclusively breaks continuity.
...
Jul 17th 2020, 9:35 pm
Replies: 11
Views: 690
Posted By S Folinsky

Re: Re-entry Permits + travel to the US

FWIW, by case law, one way of maintaining LPR status while employed abroad is by what I call a “reverse L-1” working for an international employer.

The I-551 card is a valid re-entry permit for...
Jul 17th 2020, 9:06 pm
Replies: 38
Views: 2,991
Posted By S Folinsky

Re: At the beginning ...

Eligibility for Diversity Visas is determined by place of birth, not nationality. The exclusions from the eligibility list are determined each fiscal year so they can change. Generally UK has been on...
Jul 17th 2020, 7:34 pm
Replies: 36
Views: 1,711
Posted By S Folinsky

Re: We got married! Now what?

I like your use of the word “value.” That is a subjective determination for you to make. Many people can and do it themselves

My late colleague, Phil Karlin, once described the lawyer’s function...
Jul 16th 2020, 9:27 pm
Replies: 36
Views: 1,711
Posted By S Folinsky

Re: We got married! Now what?

I was curious because when I had a California notary commission, we were not allowed to certify copies. So, I looked it up.

When I was a baby in immigration practice, there was an immigration...
Jul 15th 2020, 8:02 pm
Replies: 36
Views: 1,711
Posted By S Folinsky

Re: We got married! Now what?

Hi:

I assume it was a typo, but you put in “can” rather than “cannot” in regards New York law. But the law does vary from state to state as per this article...
Jul 15th 2020, 6:59 pm
Replies: 36
Views: 1,711
Posted By S Folinsky

Re: We got married! Now what?

There are two different notarial acts: jurat and acknowledgement.
Jul 12th 2020, 9:56 pm
Replies: 18
Views: 886
Posted By S Folinsky

Re: Almost time to file N-400 but confused about dates

On the physical I-551 card, the 10 years applies to the card itself. And you are a permanent resident. It just may not be “lawful” for purposes of naturalization. (A lot of this law was developed in...
Jul 12th 2020, 6:57 pm
Replies: 18
Views: 886
Posted By S Folinsky

Re: Almost time to file N-400 but confused about dates

From your description, there seem to be mixed inconsistent messages. Crank in the concept that “equitable estoppel” does not apply against the government and the current official attitudes against...
Jul 12th 2020, 4:50 pm
Replies: 11
Views: 615
Posted By S Folinsky

Re: I-751 - petition to remove conditions on residence

When I was in practice, I would tell clients that their was no magic in the physical I-551 card, it is just evidence of PR status, not the status itself.
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