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Recent Immigration Appeal questions

I am on H1B and my I140 with my previous employer got

hi I am on H1B and my I140 with my previous employer got revokedJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: Yes I want to know if i can retain the old priority date

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Jennifer Marie, Esq.

Immigration Attorney

Juris Doctor

6,088 satisfied customers
My friend currently is 31 years old and currently has DACA.

My friend currently is 31 years old and currently has DACA. He wants to become a permanent resident through his U.S. citizen wife. However, he received a deportation order in 2003, and he was finally deported in 2006 by ICE. He then returned to the U.S. later in 2006.A local lawyer has said that he would file a motion to re-open and close the previous deportation case, and then fix his status, but really how does he fix his status to be a permanent resident? With the previous multiple entry, wouldn't he be subject to 212(a)(9)(C)(i) if he left the U.S. on advanced parole or an I-601A? The following link only talks about 212(a)(9)(B)(i) not 212(a)(9)(C)(i). https://www.dhs.gov/sites/default/files/publications/14_1120_memo_arrabally.pdf

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

46,936 satisfied customers
I have my I-140 approved from my previous company(lets call

I have my I-140 approved from my previous company(lets call it Company A).My priority date is 2012 Mar.I have to a different company (Company B) and they have started by green card process and I have got my PERM approved and they are about to file my I-140.I want to re-use my priority date from Company A.Company A's current condition is very bad.They may run out of business or may be brought over.I would like to know what would happen if Company A runs of out business before my I-140 with Company B is filed.Can I still make use of the older priority if Company A does not exist.?

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Expert James

Attorney

Juris Doctor (JD)/Law Degree

14,540 satisfied customers
This question is very broad, and i am sure varies from

Hello there,This question is very broad, and i am sure varies from attorneys to attorneys, but I'd like to get an idea (an opinion) or facts on it. Typically how much do Immigration lawyers charge for filling remand motions to the BIA. based on a approved i130.does this sound ethical/fair/normal etc:appeal part 1 with motion to Stay $6500.00appeal part 2 (briefing to the board) $3000.00Motion to Remand or Reopen to the IJ $3500.00possible Emergency motion (based on humanitarian ground) $6200.00thanks for answering the best you can. it is very critical.

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Expert James

Attorney

Juris Doctor (JD)/Law Degree

14,540 satisfied customers
My h1b transfer was denied After lawyer submitting RFE and

My h1b transfer was denied After lawyer submitting RFE and client letter. The business is real and not a bodyshop. What are the standard action a reasonable law firm would take to save the case, given my employer wants that too.

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

46,936 satisfied customers
I have a question about age-out, CSPA and AOS -2 visa holders. I have a soon to be st

I have a question about age-out, CSPA and AOS for K-2 visa holders. I have a soon to be stepson, who has his K-2 visa interview later this month. He will be a following-to-join and will arrive in the US 2 weeks before he turns 21 (he needs to finish college in the UK). I will have married my K-1 fiance after he turns 18 and filed for her AOS before he arrives . Is he protected from aging out under the CSPA ? I can't seem to find a direct answer

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Judith

Manager

J.D.

29,902 satisfied customers
my name is***** just got my Advance parole and planning on going back to Thailan

my name is***** just got my Advance parole and planning on going back to Thailand to visit my family but I was overstayed my J1visa 5months before I submitted I-485 adjustment status. Actually I got married with American citizen on January 9th 2014 before my visa expired on March 18th 2014 and I found out that my J1visa was subject to section 212(E) 2year rule resident requirement. I applied it took me 5 months to get it before I can apply -485 my Adjustment status, so my case was accepted since August 25th. My question is would that be any problem with custom border at the port to re-enter US? Will they let me back in if they see that I'm overstayed my visa?

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

46,936 satisfied customers
Dear Guillermo, My friend's Wife filed appeal for denied

Dear Guillermo, My friend's Wife filed appeal for denied I-130 by filing EOIR-29 (EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of an Immigration Officer). The appeal has not moved anywhere for the last 2 years. Now they'regetting divorce. What would be the impact to the appeal? How to take care of it in current situation?

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

46,936 satisfied customers
Hi, Im a F-1 student, just finished my OPT and in the 60-day

Hi, I'm a F-1 student, just finished my OPT and in the 60-day grace period. I'm marrying my fiance in less than a month, which is 15 days after the grace period ends. I'll be applying for AOS afterward. If I want to travel while waiting for the AOS, can I still apply for advance parole? I'm not sure if that counts as "unlawful presence" or not.

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Jennifer Marie, Esq.

Immigration Attorney

Juris Doctor

6,088 satisfied customers
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