Elaine Hope Witty's Answers

Can an illegal immigration travel between states?

Having a government issued identification is reqired. Nevertheless, I would be wary of undertaking any air travel because there are reports of the TSA referring people to Customs and Border Protection (CBP) for additional screening. This has resulted in CBP detaining people.

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International student visa

You son must maintain his immigration status until his I-130 priority date is current. He can't take a semester off from college since his lack of attendance voids his student visa. In addition, his lack of attendance is reported to the US government and he can become deportable. He has a few options: 1) return to home country while waiting for his priority date to become current; 2) try to qualify for an employment based visa or training visa which would afford him the opportunity to work...

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Early termination of probation,is that likely to trigger ICE involvement of immigration?Is it safer to serve full probation?

This is a hard question to answer without knowing the nature of your offense. Assuming you are a greencard holder with a misdemeanor offense and have not had any interaction to date with ICE, you should be able to go for early termination of probation without incident. The reason you want to get off probation is because in order to apply for naturalization at a future date, you have to demonstrate good moral character. A person on probation is by definition unable to demonstrate good moral...

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My boyfriend was arrested for gambling and know he has a immigration warrant will he be deported y

This is a good question because it touches on a few issues. One is the need to obtain a good criminal defense attorney and a competent immigration attorney to work with the criminal defense attorney to achieve a positive outcome on the ganbling charge. The other issue is that a detainer has been placed on your boyfriend by ICE. The answer here is, it depends. There are soem questions I have about you and your boyfriend. How long has your boyfriend been in the US? There is discretionary relief...

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I am filling i130 for my wife. I have US citizenship and valid US passport but do not have a naturalization certificate.

You haven't indicated how you are a US citizen. You don't have to send a copy of your naturalization certificate if you are not a naturalized citizen nor do you need to send a copy of your naturalization certificate even if you are naturalized. You can send a copy of your US passport biographic data page as proof of your US citizenship. Certificates of citizenship are issued to people who derive US citizenship from their parents or acquire US citizenship from parents. You haven't indicated how...

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Citizenship

I have seen both answers used on N-400 applications without an issue. I have not seen an N-400 denied for either answer nor have I seen the out of status spouse referred to Investigations for removal/deportation.

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Can my fiance sponser me

Not only does your divorce need to be finalized but you shocks consider a waiting period between your divorce and your fiancee files an I-129 for you. Having a divorce and a fiancee petition filed so close on Ike is typically a red flag at the consulate.

I had my green card for five years soon i will be appling for my us citizenship. my lasy job was in elko nv. as a

This is a novel legal question. Typically, we think of prostitution as illegal activity but you are correct that in Elko, NV prostitution is legal. The question is what do you do for a living now in NY? if you engage in prostitution in NY where it is illegal, you have a problem. You also haven't disclosed whether you have any arrests in your past including any for prostitution or solicitation. I would suggest having an attorney work with you to determine your eligibility for citizenship,...

If I have a judgment against an immigrant

I am not aware of any litigation where a private third party has litigated this issue. The only litigation I am aware of is where the beneficiary has sued the sponsor for support or a government agency has sued the sponsor to recoup public benefits expended on the beneficiary of the I-864. You would need a civil litigator to undertake this type of case not an immigration attorney.

Immigration attorney

As my colleague stated, your inquiry is a bit incomplete and confusing. Are you waiting for a US travel dcoument to be issued because the person has a green card application pending or are you waiting for the government of India to issue the detainee an Indian passport so the person can be removed back to India? Why is the person in detention? Do they have any relief under US immigration law or are they agreeing to be deported but have no travel document? Additional information is required to...