Daniel E. Green’s Answers

Daniel E. Green

Kingston Immigration Attorney.

Contributor Level 13
  1. How to trust a lawyer via the internet?Is It safe to apply for o1 visa via online lawyer?how to make sure ?which type of payment

    Answered about 2 years ago.

    1. Gintare Grigaite
    2. Amira Al-Alami
    3. Daniel E. Green
    4. Rebekah Bell Rodriguez
    5. Robert West
    5 lawyer answers

    You should do everything my colleagues have said, speaking by phone or skype will give you an idea of who your are dealing with. I've never had an overseas client without making and receiving plenty of phone calls. While email is good for some type of communication, phone calls in certain situations clear things up faster than ping-ponging emails or chatting, imho. -Dan

    10 lawyers agreed with this answer

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  2. I'm here legally, but hv over stayed my time here

    Answered over 1 year ago.

    1. Daniel E. Green
    2. Irene Vaisman
    3. F. J. Capriotti III
    4. Mark Robert Barr
    5. Jeffrey Jose Estrella
    6. ···
    8 lawyer answers

    Yes you could under current law. However there may be fraud issues depending on the chronology of your relationship and marriage to your spouse. Consult with a competent attorney or BIA-accredited representative. -Dan Daniel Green, Esq. 845-853-7302/347-245-7078 Serving the Hudson Valley, Northeast, and the World Beyond www.hudsonvalleyimmigrationlaw.com lawyer@hudsonvalleyimmigrationlaw.com Location: 684 Aaron Court, Kingston, NY Mailing Address: PO Box 3238, Kingston, NY 12402

    7 lawyers agreed with this answer

  3. Do I need to exit the US first and re-entry

    Answered about 2 years ago.

    1. Carl Michael Shusterman
    2. Daniel E. Green
    3. Deborah Lynne Karapetian
    3 lawyer answers

    If you enter the U.S. on the visa waiver program yes you will have to leave in order to reenter on the f-1, as the visa waiver program only allows you to adjust status as spouse of U.S. citizen or parent of adult U.S. citizen, or apply for asylum. Consult with a competent attorney or BIA-accredited representative to verify that you don't trigger any inadmissibility issues when you enter on the visa waiver, leave, and return as an f-1. Daniel Green, Esq. 845-853-7302/347-245-7078...

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  4. In removal proceeding for an expired F1 visa,got arrested by US Marshal at my DWI court hearing

    Answered over 1 year ago.

    1. Irene Vaisman
    2. Daniel E. Green
    3. Nicklaus James Misiti
    4. Darryl Wayne Genis
    5. Samuel Patrick Ouya Maina
    6. ···
    6 lawyer answers

    Normally, you can concurrently file forms i-130, i-485, and work permit petition i-765. But from the sounds of it you may very well be in removal proceedings or be on the point of being placed in proceedings. DHS goes full bore after people with DWI's, in my experience, as much as they ever have. Consult with a competent attorney or BIA-accredited representative as soon as possible. -Dan Daniel Green, Esq. 845-853-7302/347-245-7078 Serving the Hudson Valley, Northeast, and the World...

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  5. Visit visa for parents possible?

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Daniel E. Green
    3. Alice Antonovsky
    4. Christian K. Lassen II
    4 lawyer answers

    Your parents would need a nonimmigrant inadmissibility waiver approved in order to enter the U.S. It's a tough waiver to win given that you are a U.S. citizen, but will depend on the facts of your parents cases, and practices specific to the consulates in Canada. Consult with a competent attorney or BIA-accredited representative. The biggest issues will be proving nonimmigrant intent and surmounting the negative equity of your father not having left the U.S. after being ordered removed and...

    6 lawyers agreed with this answer

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  6. I am an illegal alien, and i would really want to change my status is there any other way but getting married.>

    Answered about 2 years ago.

    1. Daniel E. Green
    2. Robert West
    3. Rudolph Baboun
    3 lawyer answers

    If you are afraid of returning to your country because people there will harm you, you may have a political asylum case. But 'having' a case and winning won are two different things entirely. And the general rule for asylum is that you apply for it within a year of arriving in the U.S, but you have been here longer, so that is a argument that may or may not be hard to make. In order to win an asylum claim, you have to show that people in your country want to hurt you because of certain...

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  7. Chances of getting Asylum approved after leaving the US

    Answered about 2 years ago.

    1. Daniel E. Green
    2. F. J. Capriotti III
    3. Kyndra L. Mulder
    3 lawyer answers

    There is no 5 year bar for illegal presence in the U.S. (which you imply in that you were in the U.S, helping law enforcement.) The bars are 3 years for between 180 days and one year of unlawful presence, and 10 years for one year or more of unlawful presence. In the event that you enter the U.S. illegally (An attorney cannot counsel you to break the law but may nonetheless describe the outcomes of illegal conduct), you still may be eligible for asylum and related relief if you express a...

    8 lawyers agreed with this answer

  8. Is there any solution for my boyfriend to obtain a green card?

    Answered about 2 years ago.

    1. Carl Michael Shusterman
    2. Daniel E. Green
    3. Gintare Grigaite
    4. Hassan Hussein Elkhalil
    4 lawyer answers

    If you get married to him, and he can demonstrate that you will suffer extreme hardship if he leaves the U.S. and if you relocate to his country, and you can show that he merits a discretionary waiver for his unlawful presence, he may be able to apply for a partially in-country provisional waiver, which will be implemented by USCIS within the next few months. Whether your future husband qualifies for such a waiver is a more complicated matter, depending on his prior conduct, immigration...

    6 lawyers agreed with this answer

  9. I would like to know if having a DUI affects you in getting a US Citizenship??

    Answered about 2 years ago.

    1. Daniel E. Green
    2. David E Ledyard
    3. F. J. Capriotti III
    3 lawyer answers

    Wait another year, and in the meantime consult with a competent attorney or BIA-accredited representative before applying or traveling outside of the U.S. Daniel Green, Esq. 845-853-7302/347-245-7078 Serving the Hudson Valley, Northeast, and the World Beyond www.hudsonvalleyimmigrationlaw.com lawyer@hudsonvalleyimmigrationlaw.com Location: 684 Aaron Court, Kingston, NY Mailing Address: PO Box 3238, Kingston, NY 12402

    7 lawyers agreed with this answer

  10. My husband have be deporte 10 years a go and hi came back now they catch him again hi is in jail how can i take him of the jail

    Answered about 2 years ago.

    1. Carl Michael Shusterman
    2. Luis Alberto Guerra
    3. Javier G Pineda
    4. Daniel E. Green
    5. Yolanda Navarrete
    6. ···
    6 lawyer answers

    From what you have posted it seems likely your husband is subject to mandatory detention. He may be in the running for asylum if he has the right facts and he has not been convicted for a particularly serious crime. He may be in the running for withholding of removal, withholding of removal under CAT, deferral of removal, or relief under the UN Convention concerning Transnational Organized crime if he has the right facts. If you husband is subject to mandatory detention and he doesn't win...

    7 lawyers agreed with this answer