Michael Campise’s Answers

Michael Campise

New York Immigration Attorney.

Contributor Level 9
  1. Advance parole concerns. Please help

    Answered about 3 years ago.

    1. Michael Campise
    2. Robert West
    3. Daniel E. Green
    4. John Grayson Davidson
    4 lawyer answers

    Should not be a problem. There is new caselaw (as of April 17, 2012) that purports to allow even people who have fallen out of status to leave the United States WITH advance parole. However, this requires a serious case evaluation. In your case it should be fine.

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  2. Second time married on international spouse.

    Answered over 3 years ago.

    1. Carl Michael Shusterman
    2. Michael Campise
    3. Philip Alan Eichorn
    4. Jeffrey Adam Devore
    4 lawyer answers

    A good question. Overall, it should not be too much of an issue. But there are some issues I have seen in situations such as these. Be prepared to explain what happened to the first marriage...when and why did you get a divorce, etc. If you have evidence of your previous bona fide marriage then that helps (children, mortgage etc). There are also some other relevant questions that may come up if the divorce from your prior spouse is close in time with the marriage with your current spouse....

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  3. Is there a grace period under H-1B after you get laid off from a job? Does my company need to pay my airfare to my home country?

    Answered almost 2 years ago.

    1. John Grayson Davidson
    2. Michael Campise
    3. Mary Kathleen Neal
    4. Anu Gupta
    5. Giacomo Jacques Behar
    6. ···
    7 lawyer answers

    I agree with the first answer. While you are technically out of status, you will not face a bar to reentry if you leave within 180 days of falling out of status. You may want to speak to an attorney to get advise on your options.

    4 lawyers agreed with this answer

  4. My wife and I have 12 years in this country, three children, and taxes each year. we have any chance to get residence ?

    Answered almost 3 years ago.

    1. Michael Campise
    2. Keith Scott Massey Jr
    3. Eric M. Mark
    4. Yolanda Navarrete
    5. Deborah Lynne Karapetian
    5 lawyer answers

    Maybe. You may be thinking about cancellation of removal (10 years+good moral character+extreme and unusual hardship to a qualifying relative). There is a lot more to the equation than that, but there may be possibilities. I would recommend speaking to a reputable immigration attorney. (not a Notario or anyone like that). There may also be other options available.

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  5. When is the final release of the Supreme Court decision on regarding CSPA retention of priority date?

    Answered 12 months ago.

    1. Lawrence M. Kasen
    2. Michael Campise
    3. Giacomo Jacques Behar
    4. Aneliya M. Angelova
    4 lawyer answers

    Hopefully within the next few months. If the decision is favorable, then it is possible for you to reopen your son's application. However, you will need to look at the decision by SCOTUS to see if and how the law will change. I would recommend using an attorney for this.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. I am a us citizen, applying for my spouse, can my spouse apply for his siblings or does he have to wait until recieves his card

    Answered over 1 year ago.

    1. Michael Hugh Carlin
    2. Chong Hae Ye
    3. Michael Campise
    4. Barbara A Marcouiller
    5. Alexander Joseph Segal
    6. ···
    6 lawyer answers

    I agree with Mr. Carlin. Your spouse must fist become a citizen. He can after 3 years if he is still married and living with you. Contact an attorney to make sure you don't have any problems and delay the process as it is a 10 year wait for siblings of USC's.

    5 lawyers agreed with this answer

  7. My boyfriend is an illegal alien who has lived in the U.S. since he was 15yrs.old he is now 34yrs. He has never been in serious

    Answered about 3 years ago.

    1. Janice Ann Flynn
    2. Michael Campise
    3. Gen Kimura
    4. Jose Antonio Moreno
    4 lawyer answers

    Believe it or not, this is a complicated question. Normally, he needs to be inspected and admitted or paroled into the country to get his green card through marriage. There are a few exceptions, but you really need to speak to a lawyer to see if he qualifies. Even if he does not fall into an exception, there is something called cancellation of removal which may result in your husband getting a green card. However, this is risky. Also, the arrests could be problematic, depending on what...

    5 lawyers agreed with this answer

  8. Would my asylum clock restart or start over or never start?

    Answered over 2 years ago.

    1. Michael Campise
    2. Robert West
    2 lawyer answers

    Yes. It should start again because your first filing was, presumably, within one year of arrival.

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  9. N400 Citizenship application

    Answered over 2 years ago.

    1. Lisa A. Tehlirian
    2. Michael Campise
    3. F. J. Capriotti III
    4. J Charles Ferrari
    4 lawyer answers

    Being placed in deportation is NOT the same as being charged with a crime. If he was never detained by ICE, CBP or any other law enforcement agency, nor arrested by the police, you could mark "no." Be careful with "cited" though as many people overlook this part of the question. You will have to mark "yes" for some of the other questions on the application though. You sound like you have a good handle on the situation, but it may be worth speaking to an immigration attorney to at least make...

    3 lawyers agreed with this answer

  10. Im IMMIGRANT and I was caught shoplifting in NY. I got a ACD and my case now is dismissed. Will I hav a problem to return to US?

    Answered over 2 years ago.

    1. Michael Campise
    2. Eric Edward Rothstein
    3. Deborah Lynne Karapetian
    3 lawyer answers

    The case was dismissed so it does not count as being convicted of a crime involving moral turpitude. However, if asked if you were ever arrested or cited on any forms, you would have to answer yes. Make sure you keep your case disposition.

    3 lawyers agreed with this answer