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Questions Answered by Edit Stelczner
1 Answer | Asked in Immigration Law on
Q: Hi, My parents have applied for visitor visa for 4 times and were denied. Would you be able to assist with that?
Edit Stelczner
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Edit Stelczner
answered on Dec 1, 2017

Were they told the reason for denial? They will definitely face higher scrutiny for any subsequent visa application but all depends on the reason for denial.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: What are the first steps for getting U.S. citizenship for my Swedish boyfriend?
Edit Stelczner
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Edit Stelczner
answered on Dec 1, 2017

Assuming you are a US citizen and you are getting married, you can sponsor him for a green card application by filing form I-130 as a first step. If he is in the US in non-immigrant status he may be able to adjust status while staying in the US otherwise the next steps will be completed through... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: As a permanent resident,when can I petition for my wife -who is an international student (F-1)- to get her green card?

I am a permanent resident living in Michigan. I recently married an international student (F-1 visa holder). I am planning to petition for her to get a green card. I was wondering if I should proceed with the petition or we better wait until I become a citizen (I became a PR last year).

Edit Stelczner
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Edit Stelczner
answered on Dec 1, 2017

Generally you may petition a relative as a green card holder and then upgrade the petition when you become a citizen. It seems however that she may be able to get her green card before you become a citizen. You need to consider the visa bulletin when filing a petition because a green card... View More

1 Answer | Asked in Immigration Law for Illinois on
Q: i am a student on F1 visa , and my wife has tourist visa b2 , can we travel to mexico ?

i have F1 student visa and my wife has B2 tourist visa , and also she has F1 visa which will start next month . we are considering traveling to mexico for a couple of days vacation ( assuming both of us can enter mexico with F1 and B2 visas ) and in the same time my wife can reenter the US with... View More

Edit Stelczner
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Edit Stelczner
answered on Dec 1, 2017

Further information is needed. Is she in the US on a B2 visa or F1 visa? Did she change status from B2 to an F1 visa? If she has no F1 visa stamp in her passport she will not be able to enter the US on an F1 visa. It is generally recommended to get the visa stamp in your home country even if... View More

1 Answer | Asked in Employment Law and Immigration Law on
Q: Hello, I would like to know how to apply for change my current B1/B2 Visa for an L1?

I intend to stay in the US for short periods of time from 6 weeks to 8 weeks maybe 3 times a year. I currently travel to the US two times a year for shorter period of 2 weeks.

Edit Stelczner
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Edit Stelczner
answered on Dec 1, 2017

Assuming you qualify for an L1 visa your company would file a petition for you either while you are in the US as a change of status or through the US Consulate. The latter is generally preferred. You are encouraged to consult with an immigration attorney to determine if you qualify for an L1.

2 Answers | Asked in Immigration Law for California on
Q: My aunt and cousin both have green cards, i have a B-2, if I don't have criminal records, can I apply for a Green Card?

19 years old, I currently have a B2 visa, I live in Mexico but want to move for a year to LA

Edit Stelczner
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Edit Stelczner
answered on Dec 1, 2017

An aunt or cousin will not be able to sponsor you for a green card based on family relations. You may be eligible for other types of visas but it would need an extensive review of your background and qualifications to determine your options.

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2 Answers | Asked in Immigration Law for New York on
Q: Form I-485, if the petitioner doesn't meet the poverty line can the beneficiary's income be added?

Note that the beneficiary has overstayed their visa and has worked using a social security number in their name (entered in the US with J1 visa) and filed for tax returns.

Edit Stelczner
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Edit Stelczner
answered on Dec 1, 2017

The beneficiary’s income can only be used if it was earned from authorized employment. It seems that the beneficiary was not authorized to work. There are more ways to sufficiently prove that the beneficiary will not be public charge and I strongly recommend working with an immigration attorney-... View More

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2 Answers | Asked in Immigration Law for California on
Q: Hello, My husband will be O visa soon. We are planning to apply for green card on our own. Would it be easy for us?

My husband is working for Apple in California. Apple is sponsoring for his O visa application but we would like to get green card asap. He completed his PhD at UC Berkeley and he published many papers and he was a great scholar. So, do you think that we will get green card easily after his O visa.

Edit Stelczner
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Edit Stelczner
answered on Dec 1, 2017

If he is approved for an O visa that is a very good start as he proved to be at a certain standard of ability in the field. Yes, generally you will be able to apply for a green card however an extensive review of his accomplishments would be necessary to give a more appropriate evaluation. Congrats... View More

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