Lloyd Evan Bennett's Answers

Re Applying for citizenship

2 DWI's within the 5 year period are a problem for the Newark District office. If you wait to reapply they can still look back but its outside the 5 year period. You need to have proof that the educational programs were completed and have certified copies of your arrests noting. Before you reapply you should contact an immigration lawyer to review the situation.

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Please help with legal advice on my accident/ traffic violation situation.

The tickets you receved are violations that carry points on your license. If you dont want to try your case in the Muni Court you can try to speak to the prosecutor and see if he will allow you to plead guilty to Unsafe Operation of a Motor Vehicle. If he accepts your offer it would be a no point violation but the fines are higher. If he doesnt accept your offer you should retain an attorney to assist you. You cannot expunge these types of violations as they are not criminal offenses.

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My husband been out of the U.S for a year now and he is a green card holder. What can we do about his re- entry to the U.S.

Sorry toi hear about your immigration problem. You probably need to reapply for him. If you would like to discuss the situation please call my office.

How can i marry a illegal immigrant who was once legal in the united states?

As long as he came in with a visa you can petition for him here in NJ. If you would like to discuss the matter feel free to call my office. My website

How long will it take to get a work permit?

If you marry a USC and apply to adjust your status (assuming your eligible) you will get a work permit within 90 days. Consider hiring an immigration lawyer to review you case before you apply to adjust your status.

Can my dad ask for my residency?

Dad can apply as a permanent resident but there is avery long wait about 8 years if your single. There may also be a long wait for his naturalization. 5-6 years. It may be smart to apply as an permanent resident now. If the priority dates move ahead your petition will be processed faster.

My husband just found out his divorce is not final and he is on a visitor visa. I am an American citizen. What should we do?

You cannot start the process. In fact, if your married to him and he was not previously divorced your marriage is not vaild. You mayt need to get an annulment and your husband needs a foreign divorce. When both are done you can remarry and petition.

Can a permanent resident file an I-130 petition for a grandchild?

No, Green card holders can only petition for their spouses and children, and unmarried sons and daughters