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Alexander Stuart Mulgrew

Alexander Mulgrew’s Answers

89 total


  • Terminating proceedings

    Is it logical to terminate removal proceedings by presenting approved 1-130 to chief counsel coz I wanna adjust status with the USCIS .Do I need to submit 1-485 to chief counsel together with the approved 1-130??

    Alexander’s Answer

    Whether to move to terminate removal proceedings to allow for adjustment of status with the USCIS is most often a judgment call. You need to consult with an experienced immigration attorney who is familiar with the time frame for seeking adjustment before the immigration court (or particular judge) involved and the time frame for applying for adjustment with the USCIS office involved, and can evaluate the facts of your particular case to determine if there are any issues that may affect eligibility to adjust status as this may have an impact on which method of seeking adjustment is better.

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  • Will unemployment affect my I-130?

    I am a USC and I am petitioning for husband but I have been unemployed for a while now. Will that affect my I-130 petition?

    Alexander’s Answer

    Your unemployment will not affect whether our Form I-130, Petition for Alien Relative is approved. It will be an issue that needs to be dealt with regarding his eligibility to either adjust status, if he is present in the U.S., or receive an immigrant visa to enter the U.S. As my colleagues have stated you as the petitioner become the sponsor for purposes of the Form I-864 Affidavit of Support. If you are unable to show a sufficient income or combination of incomes and assets, you can use a joint sponsor to help meet this support requirement. it is best to have this issue resolved before it becomes a problem. You should consult with an experienced immigration attorney to determine what you will need to do.

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  • Should I apply for a Re-Entry Permit or??

    My dad left the US in 1986 but had a permanent resident card. As I understand it, it is most likely considered abandoned now since he has been outside the US for so long. I would like to renew it for him so should he simply just file the I-131 re...

    Alexander’s Answer

    • Selected as best answer

    As my colleague stated, a re-entry permit would not fix your father's problem, even if the application was even granted. Your will most likely be considered to have abandoned his permanent residence based upon his living outside the U.S. for such a long period of time. Best to consult with an experienced immigration attorney and determine the best method for resolving his situation.

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  • On my i-485 for "last date of arrival" and " date of arrival" what if i used my i-94 twice before expiration date ?

    my last day of arrival does not match with my i-485 i used my i-94 twice before expiration day. is i ok that i send the copy of my i-485 and not match to last arrived date ?

    Alexander’s Answer

    As my colleagues have both stated, you should consult with an experienced immigration attorney. At an interview on your Form I-485 the immigration officer will ask if you have travelled outside the U.S. since the date of arrival you have listed. You need to be prepared to provide the correct answers and be aware if there are any issues as a result of your trips outside the U.S.

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  • Will I get a stamp on my passport if I overstay my visa in the US?

    I overstayed my visa for less than a month after the denial of my adjustment status came out (april 3-22 days) and the notice came in my apartment on (april 10-15 days) will the time start on the day that it arrived or when the notice came out?

    Alexander’s Answer

    I agree with both my colleagues. You should consult with an immigration attorney regarding the basis for the denial of your application, your options regarding departing the U.S., and the possibility of being placed into removal proceedings.

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  • When can someone under the age 18 apply for naturalization?

    Child entered the US as a conditional permanent resident. Lived in US for 3 years. can she apply for naturalization. She is a ward of the court and is no longer living with mom or step parent who is a US citizen.

    Alexander’s Answer

    No. In order to apply for naturalization on their own, so to speak, a person must be at least 18 years of age.

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  • Can I file for us citizenship if no decision has been made on my i-751 waiver after 3 years?

    I am getting tired of getting stamps on my passport and I have already had an interview with no decision made.

    Alexander’s Answer

    Technically you can file for naturalization while your I-751 is still pending. In practice however, the USCIS will most likely not approve your naturalization application (and may not schedule it for interview) until your I-751 is approved and the conditions removed from your residency.

    If your I-751 has been pending for more than the USCIS processing time frame you should consult an attorney regarding your case. He or she could help you inquire into the delay.

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  • What to expect with a DWI

    My son, age 29, was stopped by a state trooper, in an unmarked car, last night/early morning.I believe he was in Sparkill, NY; a few miles from where we live. He was issued a DUI and was cooperative with law enforcement. This is his first offens...

    Alexander’s Answer

    What the trooper said is of little importance, unless the District Attorney consults the trooper as part of making a decision regarding the case. What is important is the policy of the Rockland County District Attorney's Office regarding his case. He needs an attorney obviously. If he (or you) cannot afford to retain private counsel, he might be eligible to be represented by the Rockland Public Defender .

    All else being equal, and based solely on the limited information provided, he probably stands a good chance of having the case disposed of as a DWAI violation. However, there are no guarantees.

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  • Hello, What is criminal procedure law if an order of protection is violated, is the acd reinstated from the original charge?

    Was charged with criminal trespass but an acd was granted with an order of protection for 1 year. The accuser claims the order was violated, however he has lied. Does the original charge come back first or do they try the order first? I can prove ...

    Alexander’s Answer

    Whether the original charge is restored to the court's calendar depends on the District Attorney's Office. If they make an application to the court to restore the original charge to the calendar before the adjournment period expires, then the original charge is back before the court. If the DA neglects to make an application to restore and the adjournment period expires, then the case is dismissed. Sometimes they let things fall through the cracks. This often happens if the charges are in different courts.

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  • Can I request to terminate the removal proceedings while I-130 pending and I have a child now with US wife

    I have an individual hearing soon and now I have a child with US wife, can I ask for termination of removal proceedings while I -130 pending. it has been pending for 6 months now,and they did not response for my request to expedite. or should I a...

    Alexander’s Answer

    I agree with my colleague. You need an attorney. You may be looking at your only opportunity to remain in the United States. You cannot afford a mistake at this point.

    You should look into the availability of pro bono representation in you area. The immigration courts have lists of attorneys and agencies that provide assistance/representation at little or no cost.

    As to whether the court will terminate the proceedings or put them on hold, that is generally a matter for the government to decide. If the government agrees to adjourn the matter to allow for a decision on the I-130 petition, the court may decide to adjourn for an appropriate amount of time or administratively close the case while the I-130 is pending. Administrative closure does not terminate the proceedings, it merely removes it from the court's calendar with the ability to restore later on to take action appropriate at that time.

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