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Katy Strait Chavez

Katy Chavez’s Answers

21 total

  • How can i start fixing my husbands papers if he had run ins with the law and lost his 2 years ago?

    My husband was fixing his papers with his mother by his grandmother. But since he married me and had some run ins with the law the lawyer that was helping him and his mom get their permanant residency said that i had to fix his papers now. His mom...

    Katy’s Answer

    It depends heavily on what the criminal charges were. If they are serious enough, it is possible that not only would you not be able to help I'm, but that applying him could trigger his deportation. you will need to get copies of the criminal charges and dispositions and have a consult with an immigration attorney.

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  • Am I eligible, and what will I need for the deferred action/Dream Act that Obama passed a couple weeks ago?

    So I was brought to the United States when I was one year old. I'm currently going to be a junior in high school. I have a clean record and I plan to go to college. I never have left the U.S. My mom has a lot of my kindergarten through high school...

    Katy’s Answer

    If you are not yet 15 years old, you will need to wait until you are in order to apply (unless you are already in removal proceedings).

    Once you are 15 you should prepare a solid package with your school records. Be sure to do gather anything you can today to show you were present on June 15, 2012.

    On my site I list the items you need to gather.

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  • Is it wise to start the process of legalization trough my husband if my plans are to wait for a future Provisional waiver?

    I have been in this country all my life and I don't have any family in my native country. Is it a good idea to start the process now if in my plans the idea of leaving this country is not an option. If I file the petition thru my US citizen husban...

    Katy’s Answer

    since you are already aware of the provisional waiver option you know that if you are pre approved that you will only need to leave the country for a few days. As long as you don't have criminal convictions, have never been in Removal proceedings, and never committed fraud on immigration documents it is unlikely that you will be removed in the event that you are not approved. In that case you will be in the same situation that you are now.

    Since we hope that the provisional waiver will be available by the end of the year I recommend that people file the I-130 now. However I am aware that some lawyers are waiting to see if the I-130 can be mailed at the same time as the I-601.

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  • I lost my green card...

    I just moved to another house and I lost my green card. How long does it take to get it back? and do I have to report my new address?? and how much?

    Katy’s Answer

    Simply file an I90 to get a new card made. It will take a few months. You do need to advise USCIS when you move.

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  • A friend of mine got married under the impression that her husband would be able to help her adjust her immigration status

    Right after the wedding she found out that he is not a citizen and would not be able to help her would this be grounds for a annulment and if so would it be criminal against her or her spouse

    Katy’s Answer

    Your question would best be answered by a family law attorney as far as the annulment is concerned. I can discuss the criminal aspect, If a marriage is entered into for the purpose of immigration benefits it is not a marriage that can give rise to immigration benefits. But is it a crime? Generally no, if no immigration application is ever filed. If they had filed and it turns out that while it is a legitimate marriage, but it was motivated by a desire to apply for benefits it would simply be an invalid marriage for immigration. If it was not a legitimate marriage, then it would be criminal fraud. in this case she may have defrauded him. If he loved her, and she lied to him so she could marry him, he may have a good basis for annulment. As for whether he committed criminal fraud in saying he was a citizen, I think it is unlikely.

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  • Can an illegal immigrant travel within the U.S in greyhound or airplane?

    my family is traveling to Arizona but we're having difficulty getting there and we're thinking to go on plane or bus but don't know if it will an issue

    Katy’s Answer

    Technically you are ot "allowed" to travel in the U.S. but what you are asking is if you are like
    Y to get caught. I often say traveling by plane is much less likely to cause a problem because you are exposed for much less time. Almost all airports will only need to see government photo ID. the main exception would be El Paso where immigration officers stand next to the TSA to watch the types of documents presented. Other border airports, arch as San Diego are like
    Y to be a problem. Of course we have all heard about what it will be like once you arrive in Arizona. As for Greyhoud they will routinely search in the border zones, and there is a major checkpoint on route 10 in Texas. Florida is known for having a lot of immigration checks on buses. They say they have the Right because it is next to a sea port.

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  • DUI disqualifies US of deferred action???????????

    After 22 years of living in this country clean record graduated high school went to college, clean record and a single DUI diss qualifies us from the new law? Deferred action, which would mean what? We would get deported to a country we don't eve...

    Katy’s Answer

    I am an immigration and criminal attorney, and I am extremely up to date on all the current information about the Deferred Action program. Unfortunately, you are correct. A single DUI conviction will make you ineligible for the program. Since you are ineligible you should not apply. There is always the risk of triggering a deportation if you are denied.

    I have the answers to many questions about the program on my website.

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  • I HAVE A ONLINE HIGH School diploma I do I qualify for the dream act

    I have being here for 12 yrs a I entered nc when I was 7 yrs old.

    Katy’s Answer

    I agree that your diploma may or may not qualify. It will depend if your program was correctly accredited. There are many homeschool children that do their high school online and the diploma is just as valid as one from a brinck and mortar school. If there is any doubt, it may be worth sitting for the GED, which should be no trouble for you to pass.

    I will note that I assume you are asking about Deferred Action work permits, because the DREAM Act has not yet passed.

    I have many answers about Deferred Action on my website:

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