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Dean P Murray

Dean Murray’s Answers

2,783 total


  • A friend from Europe has an unpaid fine for jumping the gate in the NYC subway 5 years ago - can this affect re-entry in the US?

    A friend from Europe has an unpaid fine for jumping the gate in the NYC subway 5 years ago - can this affect re-entry in the US?

    Dean’s Answer

    Yes, it can. Fare evasion involves dishonesty and is considered a crime of moral turpitude. He should speak with an immigration lawyer prior to traveling.

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  • Can i apply from here for change of status with in the USA as i am going back soon?

    i am here on a B1/B2 visa which is expiring on 01/12/2015. i am going back to my home country on 11/28/2014. i am engaged to us citizen last month. and we are getting married in end of January in India. she will be coming back in month of February...

    Dean’s Answer

    Speak to an immigration lawyer. You cannot enter on a B-2 visa with the pre-conceived intention of filing to Adjust Status once you have entered the U.S. That is considered visa fraud. Speak with an immigration lawyer as soon as possible. Also, the visa expiration date is not what is important. The length of authorized stay granted to you by CBP (US Customs and Border Protection) is what is important.

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  • Abandon green card

    If spouse want to return home to foreign country and plans on making it permanent. How does he give back cr1 green card, and does that end the obligation of the other spouse in regards to affidavit of support? and can it all be done by mail as he...

    Dean’s Answer

    He should definitely speak with a lawyer before making this life-altering decision. May never be able to return to the U.S.A., not even to visit as nonimmigrant visas are sometimes denied to aliens who formerly resided in the U.S., depending on the specific consular post. Giving up permanent residence has major tax implications, i.e. all assets are deemed sold and the alien is taxed on the revenue.

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  • My husband withheld my documents to not go to USA to remove the conditions.is it enough as a proof to get SB-1 visa?

    My husband withheld my documents and our USC son's passport while we were for a temporary visit in my home country, I made a police report but after that he handed them to me when my conditional GC was expired.after that he filed the I751 and the...

    Dean’s Answer

    It's not clear that you need an SB-1 Returning Resident visa. If you do need an SB-1, you should hire a lawyer to assist you. SB-1 visas are routinely denied by U.S. embassies/consulates. If I had a nickel for every person who told me that his/her SB-1 application was denied, .... well, you know the rest. It sounds like your I-751 is pending. Speak with a lawyer.

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  • I would like to know if it makes sense to send in my i-130 then have my husband send in his papers to become a citizen

    We cannot afford to do the i-130 & i-485 at the same time

    Dean’s Answer

    If money is tight, you husband should file to naturalize with a fee waiver request. Once citizenship is granted, file the application to adjust status (which does not have fee waiver for applicants who need to prove that they will not become a public charge). Naturalization should not be delayed for financial reasons. People find themselves eligible to naturalize one day and unable the next day. Many foreign nationals end up in my office facing deportation proceedings because they delayed naturalizing for no good reason. Your husband will only complicate matters by delaying until he has money.

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  • I was charged for shoplifting in walmart for $45 in NJ. I was arrested and released the same day with a court summons.

    I have realized how stupid I was when doing this act. I will never repeat this again. This is the first time I am arrested. I had clean background until then. Currently I am on H1B. I really don't have any intentions of staying for a very longtime...

    Dean’s Answer

    Speak with an immigration lawyer. While you will not likely be deported if convicted, re-entry is another story, as is visa renewal. If you are fingerprinted, it will show up upon your attempt to re-enter the U.S.

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  • I-130 visa available but my parents left the country, is it still valid?

    My parents filed I-130 and for me as well. at the time I was underage . Now i am 28, unmarried. Finally a visa is available but they went back to brazil almost 8 years ago. Is the petition still valid for them and for me?

    Dean’s Answer

    You should speak with an immigration lawyer. If they abandoned the US (and they are not US citizens), you may not be able to finish the process and they can lose their permanent residence by following through on the I-130.

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  • What will help, and what will hinder

    I will like to invite my high school bestfriend from ghana to usa for a visit ..I'm a citizen and independent..I'm a 21yr old girl .. My bestfriend has a 4yrs daughter and I'm not really sure about her working status...what is our probability...a...

    Dean’s Answer

    Based on the facts you have presented, visa denial appears likely. You would have to consult an immigration lawyer in order to have a proper assessment of the case.

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  • Sponsoring Parents

    Just two days back only I received my naturalization certificate. Can i sponsor my parents immediately ? or are there any restrictions that i have to wait for certain period for filing 1-130.

    Dean’s Answer

    You can file a petition for your parents immediately. However, there is a monumental caveat..... If your parents have substantial assets abroad, it may NOT be in their interests to become permanent residents of the U.S. right now. Even if it is in their interests to become permanent residents, you may want to have them do some estate planning before immigrating. Once they become permanent residents of the U.S., it may trigger significant tax liabilities if they attempt to transfer assets to their children, liabilities that do not exist if they do not immigrate. Also, if they later lose their permanent resident status because they do not actually immigrate to the U.S., it could trigger a tax liability at that time, and negatively affect their ability to get a nonimmigrant visa in the future. Speak with a lawyer. This is not a decision to be taken lightly.

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  • Parents Marriage certificate

    I am filing i-130 and i-485 for my parents currently in US. My parents do not have a marriage certificate as they got married in a remote village of india in 1975. what are the alternatives? will a affidavit by parents will be ok.

    Dean’s Answer

    Consult an immigration lawyer before petitioning for your parents. Frequently, there are reasons that you should not petition for them, some that you may not have realized and/or considered.

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