Rachel M. Self's Answers

Rachel M. Self
Boston Immigration Attorney.
Contributor Level 7

2

Attorney answers:

  1. Rachel M. Self
  2. Ekaette Patty-Anne Eddings

Immigration

Asked by a user in Cambridge, MA - over 2 years ago.

Is this man listed on the child's birth certificate as the father? If not - you may need to petition in the local family court to establish paternity. Jurisdiction would vest in the local courts if he has lived here for an established period of time. Also - depending on the nature of your present relationship - you may want to just talk to him. A paternity test would not be necessary if you got a court order of paternity, which he may just agree to. He may also just to agree to have his...

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Attorney answers:

  1. Rachel M. Self

Will an arrest record affect immigration status.

Asked by a user in Georgia - over 2 years ago.

Domestic cases can be very dangerous for an immigrant to become involved in. Depending on your state, you need to be very careful to not be convicted of a crime of domestic violence as it could make you removable under INA 237 (a)(2)(E). Even misdemeanor domestic battery could harm your immigration future if the statute requires specific intent. However, if the statute allows for negligent or reckless conduct as opposed to specific intent, or either - and the record of conviction does not...

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Attorney answers:

  1. Rachel M. Self

I was arrested 3 years ago for a domestic incident but everything was dismissed the next day would I get my citizenship still ?

Asked by a user in Perth Amboy, NJ - over 2 years ago.

You should go to the court and obtain certified copies of the docket sheets for the case. You should then go to a local criminal attorney to be absolutely sure the case was "dismissed". A lot of times people think a case was dismissed, when if fact, it could be an issue for immigration. If the criminal lawyer states that it was in fact dismissed, you should be able to apply for citizenship without this being a good moral character bar. You will need to provide certified original copies of...

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Attorney answers:

  1. Rachel M. Self

IF a member of US armed forces filed for I-130 for a spouse immigrant visa while in UK, was the City of Residence the UK city?

Asked by a user in Columbus, OH - over 2 years ago.

I would answer the question by indicating that you are not sure because you were stationed abroad at the time (indicate what branch of the service you were with) and that your last residence was in California. They should not have a problem with this and if you include a copy of your soon to expire green card (front and back) they will be able to obtain the necessary information.

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Attorney answers:

  1. Rachel M. Self
  2. Bart Roberts Parsley

Can i travel while my asylum application is pending? i have to see judge for induvdual hearing in july of 2010

Asked by a user in Orlando, FL - over 2 years ago.

Under no circumstances should you leave the country as you are presently in immigration removal proceedings. If you leave the country while in proceedings you will be considered to have "self-deported" and will not be allowed to return. While Puerto Rico is the United States and travel there should not cause an issue - travel to Turkey is absolutely out. And if you were my client, I would advise you to just stay at home until your case is resolved. Despite Puerto Rico being part of the...

2

Attorney answers:

  1. Rachel M. Self
  2. Ekaette Patty-Anne Eddings

Immigration Civil surgeon left some sections on my I-693 blank. Is this ok?

Asked by a user in Dallas, TX - over 2 years ago.

How do you know they have been left blank? Did the surgeon provide you with a copy of the sealed exam? Or did you open the sealed exam? If you opened the sealed exam you cannot present it to immigration - as the service must receive it sealed. If he/she gave you a copy and you noticed the sections were blank - you should contact the civil surgeon and advise them that the sections are blank and that you would like to have your form fully completed as immigration could have a problem. If he/...