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Dean P Murray

Dean Murray’s Answers

2,783 total


  • When someone gets a message from uscis about your i130.

    Your i130 was tetminted because you aquired benefits being sought through other means.does that mean that your i485 is approved or does it means you have a i485 that is pending.

    Dean’s Answer

    You have not provided sufficient information. Consider speaking with an immigration lawyer about this matter.

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  • Naturalization with Disoderly Conduct/Improper Behaviour

    I was arrested, finger printed and photographed for shiplifting in NJ In Sept 2011 which was finally downgraded in court to a 2C:33-2a ( Disorderly Conduct/ Improper behaviour ) in March 2012. Does this conviction affect my naturalization process...

    Dean’s Answer

    Shoplifting is a crime of mortal turpitude which can prevent you from showing that you had good moral character for the requisite preceding period of time, whether 3 years or 5 years. Speak with an immigration lawyer about this matter. Even without this offense, you should speak to an immigration lawyer before submitting a naturalization application.

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  • Being on a F-1 Visa if I get married to an American will I be able to travel right after outside the us? Europe?

    if I get married before december. Can I go to Europe for December or will I have to wait to get my change of status? How long does it takes to get a green card after you are married?

    Dean’s Answer

    You would need to file to Adjust Status assuming you are eligible. Speak to an attorney to determine whether you are eligible to Adjust Status. If you are not eligible, you would need to apply for an immigrant visa from the consulate in your home country. If you apply to Adjust Status, you would need Advance Parole before traveling. That application usually takes up to 90 days to be approved, but you can request permission to travel sooner by appearing at the field office. The I-551 processing time is posted on the USCIS website and varies by jurisdiction. It is important that you have an immigration lawyer assist you with this process.

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  • Do I need an immigration attorney? ?

    I am u.s citizen and I want to claim my fiance to bring him to the United States , but he just went back to Guatemala 6 months ago. and he used to lived here in the United States for 7 years and never claim taxes . Is it possible to bring him ba...

    Dean’s Answer

    It is always smart to have an immigration lawyer help you with an immigration matter. It is particularly true in your case based upon the information you have provided.

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  • Leaving USA while advance payroll is in process.

    I have an approved I130 and I765. Had an interview for I485 last month. Waiting for my green card which will come by mail as per USCIS. My advance pay roll application is also in process. However due to some emergency in family in home country i ...

    Dean’s Answer

    • Selected as best answer

    Take documented proof of your emergency to the Newark field office and they should be able to issue you an advance parole document. You can go today if you like.

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  • My husband and I are going to be getting divorced. He is high conflict and we have 3 kids. I imagine we will share decision-

    making but he will oppose my decisions for no reason, just to be difficult. I suspect he has a mental illness of some kind. In any case, I am wondering if I should get a parenting coordinator, a mediator, or someone else when we are divorced, or ...

    Dean’s Answer

    Many lawyers, myself included, will never recommend a parenting coordinator. You give up considerable ability to control the situation, in addition to which parenting coordinators will get expensive very quickly (some are more expensive than lawyers) and have an incentive to keep you coming back to them by drawing out the resolution of each dispute. The result is a huge waste of time and money. Just as people complain that divorce lawyers escalate conflict in order to profit from it, those complaints abound about parenting coordinators. Get a good lawyer, not a parenting coordinator.

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  • I-485 and I-130 Concurrent Filing. What are the exact fees I should mail? Are there any other fees I should pay?

    I recently got married and I am filing the I-130 Petition along with the I-485. My spouse qualifies for concurrent filing. My question is: along with the $985 fee + $85 biometric fee + I-130 $420 fee. Are there any other fee(s) I might not be awar...

    Dean’s Answer

    You can submit one payment for $1490 or break it up as you please. You should apply for Advance Parole and an EAD inasmuch as there is no additional fee and may come in handy even if you cannot anticipate it at this time. You do not need a reason to apply for Advance Parole for a marriage application even though the application wants to know travel details and reason for travel. You can ignore it. I strongly suggest that you use an attorney for this process. Interview a hundred lawyers if you must, but use one. Good luck.

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  • Naturalization for green card holder married to out of status spouse.

    I am a green card holder and I just got married to my husband who is out of status here in the US. My question is I have to apply for naturalization now, so should I declare my spouse and write married in the N 400 form or should I wait until I g...

    Dean’s Answer

    You have to be truthful on your naturalization application. If you lie, it is fraud and grounds for the government to try to denaturalize you in the future. Without the protection of U.S. citizenship, you can be subject to Removal proceedings. Bottom line: don't lie. Speak with an immigration attorney for further assistance.

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  • Getting F1 visa while in USA on visit visa.

    I am on visit visa in USA. Can i apply for F1 visa in the consulate against I20 from a local university. What are my chances of obtaining the same. Approximately how much time is consumed as i have to leave back by 15th Oct 2014. What are the lega...

    Dean’s Answer

    An "alien" (also known as foreign national or non-U.S. citizen) who is present in the U.S. in B-1 or B-2 status (B-2 = tourist status) cannot begin to attend school as an F-1 or M-1 student without first obtaining a "change of status" in the U.S. or an F-1/M-1 visa abroad. If a B-1/B-2 begins school without an F-1/M-1 (or a change of status to F-1/M-1), he will be denied a change of status to F-1/M-1. See 8 C.F.R. §§214.2(b)(7), 248.1(c)(3). Therefore, it is imperative that you do not begin school on your B-2 visa or while in B-2 status. You chances of succeeding at changing your status and the length of time it would take depends on your specific circumstances. Speak with an immigration lawyer. Good luck.

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  • B1/B2 Visa Duration

    I have a B1/B2 Visa that is valid for 5 years. When I previously visited the states, the stamp gave me a stay for 6 months . ( which is the same as peers in my country) . I left the states a couple of months ago and I want to go back for...

    Dean’s Answer

    It is a common misconception that nonimmigrants who comply with the terms of their B2 visa will be readmitted after a brief departure from the US. because they were given six months on their initial visit and left before that period expired. While most people believe that prior compliance earns a sort of credit with Customs and Border Protection, it does not. When you leave and re-enter the U.S., your application to enter the U.S. is adjudged anew. Moreover, you would likely be scrutinized further because you were already in the U.S. for six months and want to return after a short time abroad. That said, if you can convince CBP that your intentions are still nonimmigrant and have a foreign residence abroad, you will be re-admitted. However, you would likely be better off filing an Extension of Status prior to the expiration of your six months. An attorney can help you with that. The form is I-539. Attorneys file these applications online for people all the time. However, after one or two extensions, you're going to have a difficult time obtaining an additional one.

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