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Questions Answered by Mr. Floyd James Fernandez
1 Answer | Asked in Immigration Law for California on
Q: My case is in 9th circuit and my lawer is retired what should i do
Mr. Floyd James Fernandez
Mr. Floyd James Fernandez answered on May 25, 2014

You need to get a new lawyer, and have him request the Court for an extension of time before the time period for filing a petition for review or, if already filed, the time period for filing a brief (a long document arguing your case), has expired.

1 Answer | Asked in Immigration Law for Georgia on
Q: I am a citizen and my husband is from mexico hes been here since 2007 can I ask for a petition for him ?

Hes been here since 2007 but went back to mexico for 7 months in 2009 for family emergency hes back now will that be a problem ?

Mr. Floyd James Fernandez
Mr. Floyd James Fernandez answered on May 25, 2014

Unfortunately yes. With your husband having lived in the U.S. illegally for more than a year when he left to tend to seriously ill family in Mexico for 7 months, he violated Section 212(a)(9)(C)(i), which means that he has a permanent bar from being able to even ask permission to obtain a waiver... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Is a class E felony for a DUI deportable
Mr. Floyd James Fernandez
Mr. Floyd James Fernandez answered on May 25, 2014

Yes, if your DUI, upgraded by either the seriousness of the offense, or by an enhancement due to your committing the offense before, does leave you deportable as having committed an felony involving alcohol or controlled substance, and for a CIMT (crime involving moral turpitude.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: H-1B Transfer Situation?

I am working on H-1B through company A valid till 2016. I accepted offer from company B and they just filed H-1B to USCIS (decision pending). Now, I also receive offer from company C and I am more interested in going for company C.

-Is it possible for company C to file H-1B using only... Read more »

Mr. Floyd James Fernandez
Mr. Floyd James Fernandez answered on May 25, 2014

Short answers: 1) Yes, in fact you have to use company A's pay stub and H-1B receipt. But you will have to formally decline company B.

2) Yes, company B may withdraw its petition. If company A is content to keep you until your offer from company C is accompanied by an I-797C Notice of...
Read more »

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