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Oct 14th 2019, 7:34 pm
Replies: 4
Views: 393
Posted By S Folinsky

Re: Is it OK to travel before planned move date

The fact pattern of admission as an LPR followed by immediate return to wind up affairs is quite common and is not an issue immigration wise. (I will not address any US tax implications).

The...
Oct 14th 2019, 6:39 pm
Replies: 6
Views: 355
Posted By S Folinsky

Re: I-751 post-divorce

When I was in practice I would recommend filing ASAP after the divorce was final even if the two year conditional period had yet to expire. The idea was that not waiting tended to support the " bona...
Sep 25th 2019, 12:34 pm
Replies: 13
Views: 897
Posted By S Folinsky

Re: I751 Petition to remove conditions on residence

The law allows filing the N-400 no more than 90 days BEFORE meeting the 5 year residence requirement.
Sep 25th 2019, 12:29 pm
Replies: 6
Views: 479
Posted By S Folinsky

Re: IR-1 vs CR-1

Please note that the controlling dates to determine if the condition applied are 1) the date of the marriage and 2) the date of ADMISSION to permanent residence status. The second date happens at...
Sep 24th 2019, 8:47 pm
Replies: 13
Views: 510
Posted By S Folinsky

Re: J1 to EB-2

And it looks it might be a lot longer for anyone not from China or India.
Sep 24th 2019, 8:45 pm
Replies: 30
Views: 1,859
Posted By S Folinsky

Re: Working in the US after marriage and waiting for work permit.

Be nice.

There is nothig at all "cryptic" about it. His question is a bone of contention among experienced and knowledable immigration attorneys. I really don't know who is right.
Sep 24th 2019, 2:25 am
Replies: 13
Views: 510
Posted By S Folinsky

Re: J1 to EB-2

Also, although S.386 "Fairness" bill has been procedurally blocked, its contents have broad bipartisan support and a version of the provisions earlier overwhelmingly passed in the House. I hate to...
Sep 23rd 2019, 5:49 am
Replies: 30
Views: 1,859
Posted By S Folinsky

Re: Working in the US after marriage and waiting for work permit.

I'm not at all surprised that OP has gotten conflicting advice. Although I am retired I still participate in immigration lawyer chat boards and groups. The fact scenario posed by OP has been and...
Sep 18th 2019, 7:10 pm
Replies: 25
Views: 1,929
Posted By S Folinsky

Re: GCH married to USC returning after 3-year absence

I would like to expand on why I suggested legal consultation. Your situation presents one of the more complicated issue set in immigration law. If you like reading case law, the two "mother" cases...
Sep 18th 2019, 6:07 pm
Replies: 9
Views: 660
Posted By S Folinsky

Re: EAD/AP combo question

Error noted. Mean culpa.
Sep 18th 2019, 4:16 pm
Replies: 2
Views: 432
Posted By S Folinsky

Re: n400 - Previous legal name vs other names

I agree. I would add that it is "no harm, no foul" to provide the name twice. 😀
Sep 18th 2019, 4:03 pm
Replies: 9
Views: 660
Posted By S Folinsky

Re: EAD/AP combo question

By regulation, adjustment is considered abandoned if applicant departs with advance parole. This has been the rule for decades. There has been an exception for those present on certain (eg, not all)...
Sep 8th 2019, 2:50 am
Replies: 25
Views: 1,929
Posted By S Folinsky

Re: GCH married to USC returning after 3-year absence

I suggest a consultation with J Craig Fong of Fong & Aquino in Pasadena CA.
Sep 8th 2019, 2:41 am
Replies: 7
Views: 1,720
Posted By S Folinsky

Re: Am I a US citizen at birth?

When I was in practice, my "mavens" on citizenship law was the Mautino law office in San Diego (father and daughter). I recommend highly a paid consultation with Kathrin S. Mautino.
Jul 24th 2019, 2:53 pm
Replies: 8
Views: 953
Posted By S Folinsky

Re: [URGENT] L1B>GC, Adjustment of Status or Consular Processing

Hi:

I am now retired from the long practice of immigration law but I can say that the Fragomen advice is succinct and pretty clear to me. That said, the progress of Visa numbers often defies...
Sep 24th 2018, 4:05 pm
Replies: 4
Views: 577
Posted By S Folinsky

Re: LPR and time abroad

By regulation, an I-551 card is a valid "re-entry permit" valid for one year from the date of last departure.

The mother cases on abandonment of LPR status are

Matter of Kane...
Sep 15th 2018, 11:09 pm
Replies: 8
Views: 426
Posted By S Folinsky

Re: L1 visa marrying US citizen, ready to send in I-130 and I-485, take 2

A person born in the US and subject to the jurisdiction thereof is a citizen at birth.
Sep 14th 2018, 3:53 pm
Replies: 25
Views: 2,802
Posted By S Folinsky

Re: Advice on L1 visa attorney fees from London

Attorney fees can vary a lot. There used to be schedules in some states, but those were abolished as illegal many years ago.

About the only legal restrictiothesrn days is against exorbinat fees....
Sep 8th 2018, 12:57 am
Replies: 44
Views: 2,504
Posted By S Folinsky

Re: Advice on what visa and if possible

Visa allocation is on Fiscal Year, not calendar year. Fiscal Year 2019 starts on October 1, 2018. HistirHist experience is for retrogression to be common in September.
Sep 7th 2018, 12:30 am
Replies: 3
Views: 393
Posted By S Folinsky

Re: marriage registration case

Your question invites many more questions as to the underlying facts.
Sep 7th 2018, 12:24 am
Replies: 44
Views: 2,504
Posted By S Folinsky

Re: Advice on what visa and if possible

Note that Child Status Protection Act (CSPA) may allow for adjustment of the "age out" upwards. That said, description of CSPA age adjustments always gave me a headache.
Forum: USA
Sep 6th 2018, 7:40 pm
Replies: 12
Views: 782
Posted By S Folinsky

Re: Renewing British passport with US citizenship

General rule: each country determines its own rules of expatriation. The UK statement is consistent with that. These days, US law is pretty clear that possessing dual nationality does not, by...
Sep 6th 2018, 6:20 pm
Replies: 23
Views: 1,197
Posted By S Folinsky

Re: UK visitor ESTA. Leave country for period after 90 days?

General rule: overstay the 90 day admission, even by one day, the ESTA is no longer valid.

General rule #2: departure into an adjoining country [e.g. Canada or Mexico] are an "adjacent island" for...
Sep 4th 2018, 3:17 am
Replies: 7
Views: 436
Posted By S Folinsky

Re: L1 visa marrying US citizen,ready to send in I-130 and I-485

If the I-693 medical exam is submitted, it should be in the envelope sealed by physician.

The exams are good for only one year. The past practice of automatically revalidating clean exams has been...
Showing results 1 to 25 of 1000
 


 
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