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Questions Answered by Edit Stelczner
2 Answers | Asked in Immigration Law for New York on
Q: Hi, I am a U.S. citizen and just got married with a non U.S. citizen. I am now sponsoring him to get a GC.

How long does it take for him to get the GC? Still in the process of submitting applications to USCIS. Is there a way he can go to the philippines before his GC comes? Cause we are planning to get a church wedding nov 2018. Please reply

Edit Stelczner
Edit Stelczner answered on Dec 28, 2017

It will take at least a year to get a green card nowadays- and about 4 months to get the work permit and travel document. Generally, he can travel once he has the travel document. I recommend to work with an immigration attorney so that you can get through this process without any delays.... Read more »

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1 Answer | Asked in Immigration Law for Georgia on
Q: How can I get a friend here longer than the tourist visa? Possibly work here and eventually get citizenship.

Immigration visa? Green card? She has teaching degree and clean record.

Edit Stelczner
Edit Stelczner answered on Dec 27, 2017

She will need to consult with an immigration attorney and provide a lot more information to see if she qualifies for any specific visa.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can a lawyer help me get a copy of my father's US Citizenship papers so I can become a citizen through him?
Edit Stelczner
Edit Stelczner answered on Dec 27, 2017

You should speak with an attorney in private and provide all details of your case so that you can get an accurate answer. It is certainly feasible to get citizenship eventually based on having a US citizen parent.

2 Answers | Asked in Immigration Law for Tennessee on
Q: If i marry my fiance even though he is illegal after that can he file for papers to become an American citizen
Edit Stelczner
Edit Stelczner answered on Dec 27, 2017

Assuming you are a US citizen and he meets all requirements yes you can sponsor him for immigrant visa. It is best to consult an attorney so you get through this process without any mistakes or delays. Congrats on your engagement!

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1 Answer | Asked in Immigration Law on
Q: We living in Abu Dhabi UAE and we have kids we need to move to US can I apply and travel together I can’t leave here

I lost my job here and need to take my family and go back to US, my kids and I US citizen but my wife not and we can’t seperate long time becouse of the kids , can we show re establish evidence in us such as rent home,school,bank account ???

Is it possible to travel all together... Read more »

Edit Stelczner
Edit Stelczner answered on Dec 23, 2017

I recommend you working with an attorney at this point given the denials. You will need to start by filing Form I-130 and then the process continues with the NVC. Your wife will appear at the US Consulate for an interview. This process will take about a year if all goes well.

1 Answer | Asked in Immigration Law for New York on
Q: Citizenship for a green card holder who was out of the state for 2 years

My question is about applying for my wife’s citizenship.

I became a citizen in 2011. My wife got her green card in 2011 too. She stayed in the state for a year, then she left the state for 2 years for personal reasons. She came back in Feb 2015. She came through the airport immigration... Read more »

Edit Stelczner
Edit Stelczner answered on Dec 22, 2017

The issue here is that she left the country for a long period of time so that she may be considered to have abandoned her permanent residency. You are encouraged to work with an attorney. She will generally be eligible to apply based on three years if she received her green card based on marriage... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Immigration question about visiting USA

I hold a B2 visitor visa and traveled to the US in August. after a lengthy secondary questioning ( about my employment status, reason for visiting, reason for needing six months and details of my girlfriend, subsequently contact was made to her to confirm my story) After which I was granted entry... Read more »

Edit Stelczner
Edit Stelczner answered on Dec 21, 2017

Do you know why there was a lengthy questioning last time? You may have to overcome the officer’s assumption that you are planning to possibly get married and remain in the US after this entry. It is impossible to advise without knowing the details of the last questioning.

1 Answer | Asked in Immigration Law and Child Custody for Texas on
Q: Hi, I'm from Canada and my residency card expired in 2015.

I recently got pregnant to my 3yr relationship American Citizen boyfriend and I ended up having to birth our child in the United states. They gave me til July 3rd but I had my baby June 29th and its now December. Yes I stayed longer than I'm supposed to but it wasn't supposed to be like... Read more »

Edit Stelczner
Edit Stelczner answered on Dec 20, 2017

This fact pattern definitely requires a private consultation. I encourage you to speak with an attorney in private.

1 Answer | Asked in Business Formation and Business Law for New York on
Q: Im looking to start a photography popup in nyc, do i need any permits?

its a art exhibit with a photographer on site,

Edit Stelczner
Edit Stelczner answered on Dec 20, 2017

If you are planning to actually film or take photographs then you should check out this site for information on when you need a permit- https://www1.nyc.gov/site/mome/permits/permits.page. If - by referring to a popup- you are planning to start a retail business then you need to possibly form an... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: How does one handle forgetting to disclose important ds260 corrections during the interview?

Firstly, this is a case of my Yemeni wife. My previous lawyer had made 1-2 important mistakes on my wife's ds260 which he did not review with me before submitting it. He suggested only that it would be sufficient to bring the matter up at the interview. The interview was a few days ago and it... Read more »

Edit Stelczner
Edit Stelczner answered on Dec 18, 2017

Whether to handle it alone, with your previous attorney or through hiring a new attorney is your personal decision but you should definitely notify the consulate about the discrepancies. An attorney may have had experience dealing with situations like yours so that might be an advantage but it is... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: 6mths stay expires in 1 month. Can they travel out & back to get another 6mths

Hi. I am a Nigerian studying in Canada and have my children registerd in middle school in the US on a visitors visa staying with my relatives who's a permanent resident. My children have 2 years multiple entry visas but their 6 months stay expires in one month's time. Can I possibly take... Read more »

Edit Stelczner
Edit Stelczner answered on Dec 16, 2017

You cannot do it safely, absolutely not. You will face challenges in explaining why they need to further visit the US as tourists after a 5-month stay.

1 Answer | Asked in Immigration Law for New York on
Q: I got married while here with a visitors visa. I go back home at the end of the month and My husband will sponsor me.

Does this affect me from using my current visitors visa to come visit and spend time with my husband during the petition?

Edit Stelczner
Edit Stelczner answered on Dec 13, 2017

Yes it may. Did you leave already? You are encouraged to consult with an immigration attorney at the earliest. Congratulations!

1 Answer | Asked in Immigration Law for New York on
Q: If I have a job that will start in June 2018 and sponsor the GC. What is the earliest time that I can start the process?
Edit Stelczner
Edit Stelczner answered on Dec 13, 2017

You can start the process before starting employment as long as there is a valid job offer. Your company will likely need to work with an immigration attorney and he or she will be the best to advise you on all the steps. Congrats on the new job!

1 Answer | Asked in Contracts and Immigration Law for Louisiana on
Q: How can i get work authorization. I'm married to a US citizen. My current visa is F1.
Edit Stelczner
Edit Stelczner answered on Dec 13, 2017

Your US citizen spouse will need to petition for you by filing the form I-130. You will likely be able to file the adjustment application (green card application) along with the petition and from the date of filing you would receive employment authorization (work permit) in about 4 months. I... Read more »

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: I would like to know what options I have to obtain a green card

I am currently on F1 visa with 4 children

Edit Stelczner
Edit Stelczner answered on Dec 13, 2017

You would need an extensive consultation and evaluation with an immigration attorney to determine your options. Generally one would need a sponsor- either an employer or a qualifying family member- to get a green card. Hope this helps a bit.

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1 Answer | Asked in Immigration Law on
Q: Letter explaining why I did not file my taxes

I sponsored my spouse for immigrant visa and because I had no income and never filed income taxes I got help of a joint sponsor who qualify for sponsorship. My spouse appeared at Consulate for interview. Everything was fine in the interview, but they declined at the end giving notice of section... Read more »

Edit Stelczner
Edit Stelczner answered on Dec 13, 2017

This would be a good time to work with an immigration attorney. The attorney will need to see the complete filing and the notice your wife received and respond accordingly. I would advise to include a bit more explanation than a couple lines -perhaps referencing the appropriate rules and... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: Can I go to US having turist visa while I am waiting for my fiance visa?

I'm brazilian and have been in US many times as a turist

Edit Stelczner
Edit Stelczner answered on Dec 11, 2017

It is best to consult with an immigration attorney and to present all your documents so that you can get a tailored answer. You will then be able to make an informed decision. Generally you are to enter the US with a specific intent. If you have any other application/petition pending you will have... Read more »

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2 Answers | Asked in Immigration Law for Washington on
Q: I am submitting a I864. My income is not enough. I would like to use the intending immigrants income. What do I do?
Edit Stelczner
Edit Stelczner answered on Dec 8, 2017

You can use the intending immigrant’s income if it comes from authorized employment. I strongly recommend working with an immigration attorney so that you get through this process without any mistakes or delays.

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1 Answer | Asked in Immigration Law on
Q: im engaged to a norweigan and i want to have dual citizenship with him so that we can see each other freely
Edit Stelczner
Edit Stelczner answered on Dec 6, 2017

If you mean to apply for Norwegian citizenship you will need to contact an attorney there. If you wish to get him to the United States you will start with a K visa/ fiancé visa. Within 90 days ofhis entry you will need to get married.

2 Answers | Asked in Immigration Law for Florida on
Q: I am a Canadian citizen, with no US residency status at all. Can I start a US corporation, to start a bus/franchise

I want to invest in a franchise, or buy a US business in the southern states. Ideally this will be a business that will have US employees, and we will be passive owners, visiting no more than 180 days per year, to oversee the operations

Edit Stelczner
Edit Stelczner answered on Dec 6, 2017

The short answer is yes. A foreign person can own a US entity and hire US employees. If you wish to obtain certain visas in the future based on the company you will have a set of requirements to fullfill. Congrats on your new adventure!

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