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Questions Answered by Mr Brian D. Lerner
1 Answer | Asked in Immigration Law for California on
Q: I self deported myself 2011. but now im back in the us .is there any chance i can become a us resident still?
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Feb 9, 2012

Hello:

I need more information on how you 'self deported' yourself and how you entered the U.S. again.

1 Answer | Asked in Immigration Law for Illinois on
Q: How long does it take for a deportation order to be served And the person physically forced to leave the country?
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 28, 2012

Hello:

That depends. However, if there is a deportation order, then that person can be forcibly removed from the U.S.

1 Answer | Asked in Immigration Law for Texas on
Q: How do i go about i-601 and i-212.i worked in the US with a friends ID under visiting visa in '08 and was removed in '09

Pls can anyone help me here?

Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 28, 2012

Hello:

These are difficult to prepare. Both the Permission to Reapply and the Waiver of Inadmissibility must be approved for you to ultimately have a chance at residency.

There are three packages that must be completed. The Consulate Processing, the Permission to Reenter and the...
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1 Answer | Asked in Immigration Law for Texas on
Q: My girlfriend entered the US from Mexico 4 years ago on a Visa with her husband and children.. they are divorcing and

And she wants to stay here, her kids are in HS.. what does she need to do to obtain legal status?

Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 21, 2012

Hello:

I would need more information, but she would need to have legal status. There are several ways she may be eligible to do this. Please contact me.

1 Answer | Asked in Immigration Law for Texas on
Q: What form does a person seeking legal residence in the u.s. for employement if they are already in the u.s. illegally
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 21, 2012

Hello:

That would depend and they may not be able to do this. However, the PERM would be where they would start.

PERM Labor Certification

A Labor Certification is an application filed by your future employer. Labor Certification is now known as PERM and moves through the...
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1 Answer | Asked in Immigration Law for California on
Q: Can i appley for a visa after beeing removed from the states
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 21, 2012

Hello:

It would depend why you were removed. I would need that information. However, you may be able to apply for a Nonimmigrant Waiver along with the Visa.

1 Answer | Asked in Immigration Law for California on
Q: My 2 immigrant stepchildren (age 14&17) arrived at SFO the 30th of Oct. Visa category CR2. I was told they can travel?

Consular officer at Manila embassy said the 17 year old could but I needed to petition a waiver and change of category for the younger.

Where to start

Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 21, 2012

They both should be under the same category unless the 17 year old is married.

1 Answer | Asked in Immigration Law for California on
Q: I have friend in Romania who won the Diversity Lottery and an interview is already scheduled. When they come to Californ

Ia can they immediately apply for a Social Security number or do they have to wait for the green card (residency) to arrive (I hear 3 months).

Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 21, 2012

They can apply immediately. However, first they have to be granted residency. That is the purpose of the interview.

1 Answer | Asked in Immigration Law for California on
Q: I just received my permanent Residency card, How long do I have to wait until I can apply for my children to immigrate?
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 21, 2012

Hello:

You can apply immediately if they are single.

1 Answer | Asked in Immigration Law for Arizona on
Q: I am looking for a immigration lawyer in Navajo, Arizona.

I am looking for immigration lawyer for foreigner to invest in Navajo, Arizona.to apply the green card for permanent.

Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 7, 2012

Hello:

Immigration Law is federal law. Thus, you would not just need to look for a localized immigration attorney.

1 Answer | Asked in Immigration Law for Illinois on
Q: After hearing of naturalization ,how long come decision

My naturalization

Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 7, 2012

Hello:

Normally within 2-3 months at the latest. If not, you can sue Immigration.

1 Answer | Asked in Immigration Law for California on
Q: A person on a green card is convicted of 5 felonies incl attempted murder. Why weren't they deported after time served?
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 7, 2012

Hello:

That would depend. Possibly they had a successful Convention against Torture application, or are a derivative citizen.

1 Answer | Asked in Immigration Law for California on
Q: Can someone who is only resident get deported for no contest plea on a felony charge 11360a
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 7, 2012

Hello:

A no contest plea in immigration is the same as guilty.

Criminal Evaluation

At this point, it is critical that you obtain the Criminal Evaluation by an Immigration Attorney. Neither the Criminal Attorney or the Criminal Judge are aware of how your particular criminal...
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1 Answer | Asked in Immigration Law for California on
Q: What is the status of the startup VISA?

I hear conflicting information on the so-called startup VISA. Some claim you can already apply for it, some say otherwise. http://startupvisa.com/ suggests the latter. Anyone know the answer?

Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 7, 2012

Hello:

There is no 'startup visa'. Perhaps you are referring to an initial L-1.

L-1 Intracompany Transferee Visa Petition

An L-1 Visa is one of the nicest working visas as it allows you to run your own business or a business owned by the foreign company. If you have your own...
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1 Answer | Asked in Immigration Law for California on
Q: My signature was forged on the affidavit of support (I-864) as a petitioner/sponsor, what will I do
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 7, 2012

Hello:

Notify USCIS and then make a criminal report.

1 Answer | Asked in Immigration Law for California on
Q: Can we still get us immigrant visa even if the petitioner had died?
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 7, 2012

Hello:

Humanitarian Reinstatement

Unfortunately, when the petitioner dies in a family petition, the petition itself is automatically terminated. The only way to address this situation would prepare a Humanitarian Reinstatement. This is a request that is willing to allow in essence a...
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1 Answer | Asked in Immigration Law for California on
Q: Im non US citizen and my fiance is american we both live in syria ,

We would like to know how long do we have to wait after we apply at the embassy in order to move to the usa

Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 7, 2012

Hello:

 K3 Petition

Since you are already married and your spouse is outside the U.S., it would be necessary to apply for the K-3 Visa. The particular visa is considerably faster than the Consulate Processing needed to bring your spouse in as a Lawful Permanent Resident. Here, we...
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1 Answer | Asked in Immigration Law for California on
Q: Came with a J-1 Visa in 1987 expired in 1989, still living in the States & had not left since.How do I apply for citizen

Married to an immigrant with an expired Travelling Visa in 1992; we have 3 children (all born here-oldest is 19)

Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 7, 2012

Hello:

The most important factor I would need to know is whether you are subject to 212(e) or the two year foreign residency requirement. If not, you may be able to adjust for residency.

1 Answer | Asked in Immigration Law for California on
Q: Can a deportee file a waiver to fight deportation after illegal reentry into United States
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 7, 2012

Hello:

That would depend. First, I would have to know why you were originally deported. It might then be possible to do a Motion to Reopen for various reasons.

1 Answer | Asked in Immigration Law for California on
Q: What this means? "i have detained retained or withheld the custody of a child having a lawful claim to u.s. citizenship"
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 7, 2012

Hello:

That would depend upon whether you are referring to the family law context or the immigration law context.

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