Tư vấn luật - giải đáp các thắc mắc về vấn đề luật pháp

Cám ơn bạn rất nhiều, tôi rất cảm kích sự giúp đỡ của bạn.
Tôi có một vấn đề muốn được hỏi và nhờ bạn tư vấn dùm:
Tôi hiện nay đang học ở Đức, tôi có gia đình chú tôi ở Mỹ, tôi rất muốn sang Mỹ học, nhưng thủ tục xin Visa đi học khó hơn rất nhiều so với Visa du lịch, có người khuyên tôi nên làm thủ tục sang Mỹ theo diện du lịch , sau đó khi đã ở Mỹ rồi thì nhờ luật sư làm giấy tờ đổi sang Visa du học, theo bạn như vậy có khó không và có lâu không ( vì thường Visa du lịch chỉ được 3 tháng)
Cám ơn bạn nhiều!
 

(1) My apologies for not being able to type Vietnamese with tones now. I have to advise in English. However, since I learn law in English, from now on unless I believe the questioner cannot read English I will advise in English. It is because later on when I will have a practising license I will only be working for English speaking clients and no Vietnamese will be needed.
(2) Going to the US with a B visa (category of business and pleasure) and thereafter changing status to F visa is acceptable.
(3) There is a tendency that questioners always ask "how long", "will it be long". In common law where many documentation is required to be submitted and where the facts of a case greatly vary, the answer of how long can never be answered. It is because the length of the case depends on your case and each case has its own characteristics.
(4) In order to change your status to F, you must obtain an I-20 form from your school. This is about a month but is not guaranteed. Thereafter you submit your documentation to the USBCIS for change of status. You should apply about 30 days before the expiry of your visa. From my point of view, if you have 3 months and you speed your process, it shall be sufficient.
(5) An immigration lawyer in the US can assist you further with this.
Please note that legal fees in the US are high. That is why the local always assume lawyers are blood-suckers.

(1) My apologies for not being able to type Vietnamese with tones now. I have to advise in English. However, since I learn law in English, from now on unless I believe the questioner cannot read English I will advise in English. It is because later on when I will have a practising license I will only be working for English speaking clients and no Vietnamese will be needed.
(2) Going to the US with a B visa (category of business and pleasure) and thereafter changing status to F visa is acceptable.
(3) There is a tendency that questioners always ask "how long", "will it be long". In common law where many documentation is required to be submitted and where the facts of a case greatly vary, the answer of how long can never be answered. It is because the length of the case depends on your case and each case has its own characteristics.
(4) In order to change your status to F, you must obtain an I-20 form from your school. This is about a month but is not guaranteed. Thereafter you submit your documentation to the USBCIS for change of status. You should apply about 30 days before the expiry of your visa. From my point of view, if you have 3 months and you speed your process, it shall be sufficient.
(5) An immigration lawyer in the US can assist you further with this.
Please note that legal fees in the US are high. That is why the local always assume lawyers are blood-suckers.

Hi Analyst,
First of all, I would like to start off by apologizing about the last time I posted my question...I didn''t add accent marks to my writing. Second of all I want to thank you for taking time to read my post and answering it. I read your post, understanding what you said. But what made me wonder was, when my fiance submitted the papers to the immigration office, they said that they would get done within 30 days to 45 days (at the Vermont Service Center), but it''s turning into the 5th month, but they''re still working on it. That is what makes me worry. My fiance did call them (the toll free number that they provided), but they are not informative, all they said was that they could not provide him any imformation on the case, that all they could do was put in a case referral, which was done in January, and that said that within 30 days, we would hear back from them. But still nothing. It appears that the phone number to that Service Center is disconnécted from the public, that is why he called a government''s office and had them get some information. The answer they were able to retrieve was that they were making a background check on me, but they neither said that there are any mistakes, nor they were going to deny the petition.
Could you let me know how to contact them and ask for some information if there is some kind of way to do it.
And in your post, you said that if it has turned into a year but they still haven''t contacted my fiance, it would be most likely the petition fails to satisfy them, so could you provide me some information on what kind of mistake on a petition could be done to fail to satisfy them?
One last question, I have heard that the fiance case would only take 6 months to be done, then why should we wait for a year?
Sorry for my long post, I really hope you would take time reading it and give me a feedback.
Thank you alot.

Hi Analyst,
First of all, I would like to start off by apologizing about the last time I posted my question...I didn''t add accent marks to my writing. Second of all I want to thank you for taking time to read my post and answering it. I read your post, understanding what you said. But what made me wonder was, when my fiance submitted the papers to the immigration office, they said that they would get done within 30 days to 45 days (at the Vermont Service Center), but it''s turning into the 5th month, but they''re still working on it. That is what makes me worry. My fiance did call them (the toll free number that they provided), but they are not informative, all they said was that they could not provide him any imformation on the case, that all they could do was put in a case referral, which was done in January, and that said that within 30 days, we would hear back from them. But still nothing. It appears that the phone number to that Service Center is disconnécted from the public, that is why he called a government''s office and had them get some information. The answer they were able to retrieve was that they were making a background check on me, but they neither said that there are any mistakes, nor they were going to deny the petition.
Could you let me know how to contact them and ask for some information if there is some kind of way to do it.
And in your post, you said that if it has turned into a year but they still haven''t contacted my fiance, it would be most likely the petition fails to satisfy them, so could you provide me some information on what kind of mistake on a petition could be done to fail to satisfy them?
One last question, I have heard that the fiance case would only take 6 months to be done, then why should we wait for a year?
Sorry for my long post, I really hope you would take time reading it and give me a feedback.
Thank you alot.

Hello, Lavida
There is no need to apologize for doing so. I was not complaining about the Viet writing without tones. I just said if you wrote without tones I would not be able to advise since I could not understand what the writing was about. I just have sufficient time for the following (more to come).
(1) Again the Government Office has nothing to do with your case. Please choose not to contact that Office from now onwards.
(2) Please go to the USCIS website and find out the normal (not the 1800 number) telephone number of the USCIS office that has jurisdiction over your state. Then please call them for information.
(3) I do not understand the term case referral since I did not know what the USBCIS advised your husband or fiance.
(4) Since September 11, the security check has made every case longer than needed. I think if they advised that they were doing a scrutiny on your background then you would need to wait.
(5) I cannot show you the reason how your petition or the like can be denied. In order to do so I would need to read all the facts of your case. If you wish please engage a lawyer in the US on this.
(6) Please look at some of the issues I posted previously why the case would take longer.
(7) A marriage case will normally take from 6 months to 12 months.
Apologies that I cannot help you further on this issue.
Được analyst sửa chữa / chuyển vào 12:32 ngày 04/04/2004

Hello, Lavida
There is no need to apologize for doing so. I was not complaining about the Viet writing without tones. I just said if you wrote without tones I would not be able to advise since I could not understand what the writing was about. I just have sufficient time for the following (more to come).
(1) Again the Government Office has nothing to do with your case. Please choose not to contact that Office from now onwards.
(2) Please go to the USCIS website and find out the normal (not the 1800 number) telephone number of the USCIS office that has jurisdiction over your state. Then please call them for information.
(3) I do not understand the term case referral since I did not know what the USBCIS advised your husband or fiance.
(4) Since September 11, the security check has made every case longer than needed. I think if they advised that they were doing a scrutiny on your background then you would need to wait.
(5) I cannot show you the reason how your petition or the like can be denied. In order to do so I would need to read all the facts of your case. If you wish please engage a lawyer in the US on this.
(6) Please look at some of the issues I posted previously why the case would take longer.
(7) A marriage case will normally take from 6 months to 12 months.
Apologies that I cannot help you further on this issue.
Được analyst sửa chữa / chuyển vào 12:32 ngày 04/04/2004

On a general advice Lavida,
Where a marriage is genuine the partners should not be worried that the alien will not be able to obtain a permanent resident visa. The fact that the alien is worried and pushing will (i) adversely affect the outcome of the petition or (ii) increase the suspicion of the assessor.
Please be patient. This message is not only for you but for those who are applying for a green card on the ground of marriage to a US citizen.

On a general advice Lavida,
Where a marriage is genuine the partners should not be worried that the alien will not be able to obtain a permanent resident visa. The fact that the alien is worried and pushing will (i) adversely affect the outcome of the petition or (ii) increase the suspicion of the assessor.
Please be patient. This message is not only for you but for those who are applying for a green card on the ground of marriage to a US citizen.

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 Ối ối, tha cho em ạ !!!