Skip to main content
Harlan Gregg York
Avvo
Pro

Harlan York’s Answers

114 total


  • Traveling overseas with criminal record of pirating charges having green card.

    I want to go overseas. I have a criminal record with drug charges dismissed and pirating charges still in place. I am a lawful permanent resident since 2011. Will I face any issue during arrival back to usa.

    Harlan’s Answer

    Do not travel without first consulting an immigration law firm with many years of experience in cases involving the issues that you describe. The consequences of travel in your case may be very serious.

    See question 
  • Immigration lawyer?

    My fiancé and I are looking to get married. I am a US citizen and he is not. He is from gautemala, but is residing in the US. What is the fastest process for him to get his residency without leaving the US? If he did have to leave what would be th...

    Harlan’s Answer

    if he entered by border crossing watch the 2 minute video below please
    thanks very much

    See question 
  • Can I travel outside United States with conditional green card?

    Good evening. I live in US, and currently have conditional green card that will expire next year august. I would like to travel for one week to Dominican Republic, but don't know if I can travel outside US with conditional 2year GC. Am I allowed t...

    Harlan’s Answer

    Yes with valid expired passport from your country of origin & the unexpired conditional green card as well as verifying that you have no ground of inadmissibility such as fraud or crime.

    See question 
  • Can my cousin apply for derivative citizenship through his US citizen mother?

    My cousin was 13 years old when he first entered US back in 1980 and his US mother had the legal custody of him. He lived here for years and as an adult he took a trip to DO where he has been with an expired green card for years because his green ...

    Harlan’s Answer

    Derivative citizenship is among the most complex areas of immigration law which is itself very nuanced. Your cousin turned 18 in or around 1985 which predates the Child Citizenship Act of 2000 and made derivation somewhat less challenging. In order to properly assess the scenario you describe, more information is needed as well as evidence. You will need a review of the matter with an immigration attorney who has extensive experience with these cases.

    See question 
  • I am qualified of President Obama's new immigration law not the deffered action.

    I arrived in the country 2007 Obama's announcement I do not have children but the but Obama saidif you live for for than 5 yrs. And the law isn't apply to those who came here recently. Am I qualified? Thanks for the answer. .

    Harlan’s Answer

    Since 2012, DACA covered people under 31 on June 15, 2012, who entered the U.S. before June 15, 2007, and who were under 16 at entry. DACA will be expanded to cover all undocumented immigrants who entered the U.S. before age 16, and not just those born after June 15, 1981. Entry date will change from June 15, 2007 to January 1, 2010. DACA (including work permits) will cover three years, instead of two.

    See question 
  • New obama DAP VS U VISA PENDING APPLICATION

    I have pending U VISA APPLICATION for me and my wife.....and I also have daca too, But not my wife. We have two years boy together. .do we still have to wait for our U visa approval ?...or can we apply for new DEFFERED ACTION FOR PARENTS...policy...

    Harlan’s Answer

    DAP is projected to start approx May 2015 with completion of all cases by Dec 2016. This information is on DHS site already. So you could consider both options as needed. Talk to an expert on U visa and contemplate strategy.

    See question 
  • Can an alien with a just a US work permit file for his or spouse abroad. if yes, how long will it take?

    can an alien with a just a US work permit file for his or spouse abroad. if yes, how long will it take?

    Harlan’s Answer

    Your question is too general. A great deal more info is needed. For example a work visa versus an employment authorization document makes a difference. Thanks.

    See question 
  • Is it bad if my husband case keeps getting transferred. also is it bad the last time it got transfer I didn't receive anything.

    I'm citizen filled an i130 for my husband. he was deported in oct of 2012 for a warrant for his arrest in 2010. for drive without papers. I'm legally disable that is how I'm getting him home sooner then ten years. I'm getting concerned about how l...

    Harlan’s Answer

    Talk to a lawyer who has extensive experience in these cases. Here's a link to a video of me discussing waivers:http://immigrationlawnj.com/new-immigration-waiver-extreme-hardship/

    See question 
  • Does presence of a lawyer during I-485 interview (sponsorship through marriage) make things easier or raise suspicion?

    Hello, I am a US citizen and married last year to my wife who is a foreign national but is currently in US. We have I-130 approval and the case has no complications. I filed for I-130 myself and without a lawyer representation. To file for I-485 (...

    Harlan’s Answer

    The presence of an attorney is not only very common but the right lawyer can ensure that your rights are fully protected. Many of the thousands of people who have retained my firm have stated "I wish that I had found you sooner."

    See question 
  • Over 21 daughter, sole caretaker of paralyzed LPR mother, overstayed B2 visa by 5 months.

    I recently came to the US to visit my mother who had filed I-130 before suffering a stroke. Before I visited, my I-130 was approved and PD should be current in the next few months. If I leave to go back home for consular processing, I will have to...

    Harlan’s Answer

    You're obviously in a difficult situation but may not need a 601 if the overstay is truly 5 months and you leave before 180 days of unlawful presence accrue. The other attorneys are correct about you needing consultation. Sorry for your mother's condition. Thank you.

    See question