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Questions Answered by Edit Stelczner
1 Answer | Asked in Immigration Law for Pennsylvania on
Q: My fiance got denied the visitor visa we were thinking about applying for the k1 visa will his recent denial affect it

He was denied cause he lacked strong ties to his country

Edit Stelczner
Edit Stelczner answered on Dec 6, 2017

K1 visa should be OK as that is exactly designed for a fiancé to enter and then get married within 90 days.

1 Answer | Asked in Immigration Law for Michigan on
Q: My husband was denied his immigrant visa. Would he be allowed any other visa at this point? Non-immigrant visa, visitor?

We went the consular processing route as he was home in the UK throughout the process. We are now trying to get him home as fast as possible since our first child is due in three months. Would he be approved ANY visa to get him to the states at this point? I know he won’t be allowed ESTA now that... Read more »

Edit Stelczner
Edit Stelczner answered on Dec 6, 2017

Most importantly, what was the reason for the denial? Was it a marriage-based immigrant visa? Review of your entire documentation is necessary for a tailored answer. Generally for a nonimmigrant visa he will face scrutiny given that he already presented immigrant intent.

1 Answer | Asked in Immigration Law for Virginia on
Q: I 94 expired how long I can stay
Edit Stelczner
Edit Stelczner answered on Dec 5, 2017

You were supposed to leave on the day your I-94 expired.

2 Answers | Asked in Divorce, Employment Law, Family Law and Immigration Law for Texas on
Q: My wife commited adultery. I just got my Employment Authorisation card and now she wants a divorce. Can I stay?

My wife and I were together for around a year and a half. She decided she wanted other things out of life. She cheated with my boss (also her boss. Lots of business meetings you know) . When I found out she stopped coming home and basically moved in with this guy. He is now firing me and evicting... Read more »

Edit Stelczner
Edit Stelczner answered on Dec 5, 2017

Assuming you do not have an approved I-130 you will not be able to complete the process without her. If you do have a conditional green card already then you will be able to remove the condition via an I-751 filed with a waiver. I recommend consulting with an immigration attorney in private so that... Read more »

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2 Answers | Asked in Immigration Law for California on
Q: We are quite young my fiancé is still at UCLA and didn’t file tax reports for the last two years.

Because she s still a student she got money from her school. Do we need to get a joint affidavit for sponsorship or is it alright ? Thank you.

Edit Stelczner
Edit Stelczner answered on Dec 5, 2017

You will likely need a joint sponsor. It is best to work with an immigration attorney so that you get through this process without any unnecessary delays. Congrats on your engagement!

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2 Answers | Asked in Immigration Law for California on
Q: Entered the us on a ESTA getting married w my lover didn’t plan it. New 90day rules is it ok to get married after 70day

Hello. Im a European citizen I have been in a relation ship for six months with my loved one. I came back to the us to visit her. Wasn’t really questioned on my arrival didn’t plan to get married but now we can’t live far from each other’s and we want to get married. I entered as an ESTA. I... Read more »

Edit Stelczner
Edit Stelczner answered on Dec 5, 2017

It is best to consult with an attorney in private so that you get familiar with the process and make an informed decision.

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2 Answers | Asked in Immigration Law for Texas on
Q: My parents DS260 was filed late Oct. with NVC office. When can they expect an interview? How soon could visa be issued?

With current immigration scenario under the new government. how could this impact my parents case?

Edit Stelczner
Edit Stelczner answered on Dec 5, 2017

I would estimate a 4-5 month wait for NVC to forward the documents to the US Consulate. Then the Consulate will contact you with the scheduled interview date- scheduling of the interview depends on the availability of the actual Consulate. Good luck!

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2 Answers | Asked in Immigration Law for Florida on
Q: I am a citizen of Georgia (Country). I plan to open small business in the US, which visa do I need ?
Edit Stelczner
Edit Stelczner answered on Dec 4, 2017

Congratulations! The visa you need also depends on when you wish to strat and how far along you are in actually starting the operations. You may need to take care of the initial setup first before applying for the visa. Please consult with an attorney familiar with both immigration and business... Read more »

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1 Answer | Asked in Immigration Law for Kentucky on
Q: My girlfriend has started divorce proceedings, but she obtained her green card through this marriage. Will she be deport

She obtained her perminate resident green card through her marriage but she has started divorce proceedings. She and her husband have been separated for quite sometime and she's ready to end her marriage with him. She and her husband also have two children together. They are US citizens living... Read more »

Edit Stelczner
Edit Stelczner answered on Dec 4, 2017

Most importantly- has she removed the condition on her green card? If not then she will have to file the I-751 with a waiver and as long as the marriage was real she should be OK.

1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: Can a dependent on H4 visa, work remotely on a job from their home country, while living in the USA?
Edit Stelczner
Edit Stelczner answered on Dec 4, 2017

This is a question for your H1B company’s counsel as they will have responsibility over your case.

2 Answers | Asked in Immigration Law for California on
Q: If I have an extended expiration month on my GC which is December of this year. Can I still travel during that month?

I renewed my GC in March 2017, they gave me a sticker with an extension date (December 2017). Can I travel to Mexico during this month? I plan on returning Dec. 27. Will I be allowed to return back to the US?

Edit Stelczner
Edit Stelczner answered on Dec 4, 2017

Assuming you are otherwise admissible yes you should be allowed to enter with the I-551 stamp.

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2 Answers | Asked in Business Formation for New York on
Q: I would like to know the differences between LLC and S corp

This is for a newly starting business

Edit Stelczner
Edit Stelczner answered on Dec 3, 2017

LLC is a pass through entity and has members, all matters generally determined per an agreement between the members. A corporation is a separate entity from its founders and it has shareholders that makes joining and leaving the company generally easier. The decision should be more based on your... Read more »

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2 Answers | Asked in Immigration Law for California on
Q: My mother-inlaw have a 10 year b1/b2 visa, and we want to also bring her 7 year old daughter along, what kind of visa wo

My mother-inlaw have a 10 year b1/b2 visa, and we want to also bring her 7 year old daughter along, what kind of visa would i have to apply for her 7 year old daughter? it is jst a temporary visit! thank you so much!

The goal is bringing my Mother-inlaw and her 7 year old daughter to the US... Read more »

Edit Stelczner
Edit Stelczner answered on Dec 3, 2017

Her daughter will need a B1/B2 visa as well. Her parent can apply on her behalf the same way they applied for their own.

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1 Answer | Asked in Immigration Law on
Q: Green card holder seeking advice for best plan for next 3 years ? t

I m a green card holder since 2011 , i am married to a US citizen since 2008 , my wife wanted to leave the states mid 2016 , i still file my taxes and i own a buisnes in the US , however since i got the GC i didnt complete the required enough days to file for naturalization . my question is what is... Read more »

Edit Stelczner
Edit Stelczner answered on Dec 3, 2017

Are you still in the US or do you mean that you left in 2016? If you wish to spend 6 months or more outside the US it is best to file for a re-entry permit. With regards to naturalization extensive review is necessary to determine if you qualify or when you would qualify. Consult with an attorney... Read more »

1 Answer | Asked in Immigration Law on
Q: Cost for apply for resident card include Lawyer,application cost and everything just to be prepare.
Edit Stelczner
Edit Stelczner answered on Dec 3, 2017

Assuming you are filing I-485 as an applicant between ages 14 and 78 the filing fee is $1,140 plus $85 for biometrics fee. The attorney fee quotes can only be provided privately via direct contact with the attorney. Hope this helps a bit.

2 Answers | Asked in Immigration Law for New York on
Q: Is a B1/B2 Visa still valid after a CR1 has been issued?
Edit Stelczner
Edit Stelczner answered on Dec 3, 2017

The answer depends on what you wish to use it for and what you mean by CR1 being issued. More information is needed.

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1 Answer | Asked in Immigration Law for Texas on
Q: My father a permanent resident. Has to renew his green card? Can he become a u.s citizen? He's already retired as well.

He's been a resident for over 25yrs

Edit Stelczner
Edit Stelczner answered on Dec 2, 2017

He may choose to renew his green card or apply for naturalization based on his more than five years of resident status -assuming he meets all requirements. Extensive review of his background is needed to determine his eligibility. It is best to have an attorney look at his documents before filing.

1 Answer | Asked in Immigration Law for Minnesota on
Q: Can I keep getting US salary while working from India as waiting for new petition approval as current h1b got denied

My I94 expired and H1b extension denied 22nd Nov. Got new project in between n employer filing new petition on 4th Dec.Can I re-start working here ones get new receipt next week for new petition. I will be steping outside soon in next 2 weeks , for stamping if my new petition gets approved.In mean... Read more »

Edit Stelczner
Edit Stelczner answered on Dec 2, 2017

You definitely need to address your questions to the company’s counsel as he or she is familiar with your specific circumstances and will ultimately bear responsibility over the petition filed on your behalf.

1 Answer | Asked in Immigration Law for Arizona on
Q: wife came to the US on a tourist visa of 10 years. Need to change it to permanent residency but time is running out

What do we do? How much money do we have to send with the papers and which papers do we send? Should she go back to her country and then return? CAN she??? How much time would she have to wait in her country?

Edit Stelczner
Edit Stelczner answered on Dec 2, 2017

More information is needed. Are you a US citizen? If you are and your wife entered the US legally then her overstay (assuming that is your question) would be forgiven and she will be able to adjust her status while remaining in the US. If you mean that your wife entered with a B2 visa and her... Read more »

1 Answer | Asked in Immigration Law on
Q: HI there, I overstayed in the US. Then left 8 yeras ago. i then twice applied for a US visa & denied.

im now a german citizen. what are my chances to obtain B1 visa to visit USA again?

Edit Stelczner
Edit Stelczner answered on Dec 1, 2017

Your citizenship change is not likely to impact the visa application as the reason for denial is possibly the overstay. Were you told the reason for denial? An extensive review of your history is needed for a more specific answer.

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