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Green Card Expired While Outside the US

Updated August 15, 2026 by Immigration Lawyer Peter Messersmith

I had my green card since 1980 but kept my Russian citizenship. Two years ago my Mother took ill and I returned to Russia to help her. She recently died and now I want to return to USA. The problem is my green card has expired. Can I use the expired card to come back? No, and you’ll have … Read more

Categories Green Card, Re-entry Permit, Returning Resident Visa

Visa Waiver Program Entrant Applies for Adjustment of Status

Updated August 15, 2026 by Immigration Lawyer Peter Messersmith

I’m from Germany and I entered the US through with the visa waiver. My wife and I married and we applied for the green card but we filed it after the visa waiver expired. At the marriage interview, I was told that they would not approve my green card because I overstayed and I needed to file … Read more

Categories I-601 Waiver, Marriage Green Card, Visa Waiver Program

Principle Green Card Applicant to File Without Dependents

Updated August 15, 2026 by Immigration Lawyer Peter Messersmith

I’m ready to have you handle my green card case through both EB1 and NIW. I do not want to file the green cards petition for my wife and daughters at this time due to our financial situation. Is it Ok if I have my case approved first then file for them? Will they still … Read more

Categories EB-1 Extraordinary Ability, National Interest Waiver

H1B Visa Application while I-140 NIW is Pending

Updated August 15, 2026 by Immigration Lawyer Peter Messersmith

I’m currently on OPT and I just got a job offer. The company is willing to sponsor me for an H1B visa. I have a pending I-140 through NIW. Can I apply for an H1B visa while my I-140 is pending. Certainly. An H1B Visa allows the applicant to have both immigrant and nonimmigrant intent so you may apply … Read more

Categories H-1B Visa, National Interest Waiver

J2 Visa Holder Applying for a J1 Waiver

Updated August 15, 2026 by Immigration Lawyer Peter Messersmith

I have J1 visa and my spouse J2 visa. Our visa expires on July 6, 2010 and I am leaving with my kids back. But my husband needs to stay here in order to improve his English and get some upgrade in his education. But he has as I do, two year rule restriction. Can … Read more

Categories J-1 Visa, J-1 Visa Waiver

Visa for a Mixed Martial Arts Coach

Updated August 15, 2026 by Immigration Lawyer Peter Messersmith

I am starting a mixed martial arts school in San Diego and would like to bring a several instructors here to teach. I have an individual from Brazil and another from Thailand. They’ve both won several tournaments in BJJ and Mui Thai and have coached fighters competing in both PRIDE and UFC. While my school isn’t … Read more

Categories O-1 Visa, P-1 Visa, P-3 Visa

H2B Visa Applicant Not on Country List

Updated August 15, 2026 by Immigration Lawyer Peter Messersmith

I started a new restaurant and, believe it or not, have had serious trouble finding workers. The winter and summer are the major tourist seasons here in Florida and I have been short staffed since November. I know a group of guys from Spain that I would love to bring in to work over the summer and … Read more

Categories H-2A Visa, H-2B Visa

Funding Repayment in Lieu of J1 Waiver

Updated August 15, 2026 by Immigration Lawyer Peter Messersmith

I came from South Africa on a J1 visa last September which was funded by the Department of State. I’m subjected to the two year requirement. I met my girlfriend who is a US citizen and we want to get married. I would like to get a J1 waiver by paying back the amount I received from Department … Read more

Categories J-1 Visa, J-1 Visa Waiver

F1 Visa After J1 Waiver Approval

Updated August 15, 2026 by Immigration Lawyer Peter Messersmith

I am a graduate student at USC and I am originally from Poland. I originally came to United States on J1 visa. I got a J1 waiver and changed to F1 visa. I don’t have any current visa in my passport. I need to travel home to visit my parents and was wondering how I should go about it? Will … Read more

Categories F-1 Visa, J-1 Visa, J-1 Visa Waiver

J1 Waiver (Hardship) for Physicians

Updated August 15, 2026 by Immigration Lawyer Peter Messersmith

I was recommended by Dr. Singh. We both on J1 visas and are both working in the same clinic. You helped her secured her J1 waiver through hardship to her US citizen husband. We both married to US citizens. I spoke to Dr. Singh. After knowing her hardship is merely a financial hardship, you were … Read more

Categories J-1 Visa, J-1 Visa Waiver
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