P. Mercer Cauley’s Answers

P. Mercer Cauley

Charlotte Immigration Attorney.

Contributor Level 7
  1. Last year I overstayed my Visitor VISA only for 4 days, BUT I was a minor! Will I have any problems when re-entering as a F1?

    Answered 29 days ago.

    1. P. Mercer Cauley
    2. Giacomo Jacques Behar
    3. Dean P Murray
    4. Juan Paolo Pasia Sarmiento
    4 lawyer answers

    If you were under the age of 18 when you overstayed your visa there should not be a problem. Unlawful presence does not accrue for a minor. Also there is no bar for overstaying a visa if less than 180 days, so you should be ok. This does not mean you might not have questions and delays when entering but the 4 days does not make you inadmissible from entering the US on a new visa. Your old visitor's visa however is no longer valid due to the overstay.

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  2. Can I resign with my current employer and join the new employer with the H1b Transfer FedEx Receipt number?

    Answered 23 days ago.

    1. P. Mercer Cauley
    2. Robert Louis Brown
    2 lawyer answers

    I would recommend you wait until you have the receipt notice from USCIS before you quit. Once you have the receipt notice, you know everything have been filed and you are free to begin employment with the new company under current immigration procedure.

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  3. Getting a US Citizenship/Green Card with a dismissed misdemeanor?

    Answered about 1 month ago.

    1. Kathryn Alice Lenahan
    2. Robert Kennedy O'Reilly
    3. P. Mercer Cauley
    4. Igor Serbinin
    5. Aggie Rachel Hoffman
    6. ···
    6 lawyer answers

    The word misdemeanor in criminal court does not aways mean it is nothing for immigration purposes. Each criminal case need to be analyzed on its on by looking at the state's criminal law and federal immigration law. Also you need to be careful with the deferred adjudication. Sometime states require you to admit you commited the crime in order to get the deferral. This could cause problems with immigration procedure. You need to speak with an immigration attorney in Colorado who can look at...

    5 lawyers agreed with this answer

  4. My husband of 3yrs is detained by ICE due to him overstaying his H2B visa. Can I start filling for him now ? Please help.

    Answered about 1 month ago.

    1. P. Mercer Cauley
    2. Giacomo Jacques Behar
    3. Eric M. Mark
    4. Lawrence M. Kasen
    4 lawyer answers

    I understand it is difficult but a lot is going on with your husband's case and I would highly recommend you speak with an attorney not on a forum. ICE cannot deport your husband unless he already has an order of removal from an immigration judge (which can be entered if he missed an immigration hearing) or he signs a waiver to appear before a judge which will be an expedited removal. If you are a US Citizen and he entered lawfully, you may have a good form a relief to keep him here. But...

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  5. Can you apply for asylum after illegally entered USA and having been deported before?

    Answered about 1 month ago.

    1. Giacomo Jacques Behar
    2. P. Mercer Cauley
    3. Lawrence M. Kasen
    4. Lynn Garfinkel
    4 lawyer answers

    When a person re-enters the US after being removed from the US the prior year, the government or ICE can simply reinstate the prior order of removal. Because of this, a person is not eligible to file for asylum, however a person may still apply for withholding of removal. The burden of proof for winning a withholding case is higher than the burden of proof required for an asylum case. Also a successful withholding case will allow a person to remain in the US and receive an employment...

    3 lawyers agreed with this answer

  6. My i485

    Answered about 1 month ago.

    1. P. Mercer Cauley
    2. Boris Alexander Palant
    3. Alexander M. Ivakhnenko
    3 lawyer answers

    Keeping your husband's last name should not have an impact on an adjustment of status for an approved I-360. Once the I-360 is approved the adjustment interview is to make sure a person does not have other grounds of inadmissibility which could keep the person from getting the green card. At the end of the interview the officer should have given you some information regarding to approving your petition, denying your petition, requesting more evidence or stating that a decision could not be...

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  7. H1B Lottery selected in 2014 but rejected after an RFE. Question on reuse in 2015. Thank you.

    Answered about 1 month ago.

    1. James D. Mills
    2. P. Mercer Cauley
    3. Alexander M. Ivakhnenko
    3 lawyer answers

    Each petition that is filed typically stands alone with certain exceptions. In your case, it appears your H1B petition was initially processed and was later denied due to the response by your consultant to the RFE from USCIS. Once the application is denied it can not be used unless the decision was appealed/re-opened in a timely manner, which does not appear to have happened in your case. You still have a chance that this years submission will be accepted and processed by USCIS.

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  8. My friend is Cuban, came to US 47 years ago at 2. His family lost his papers in a basement flood. Needs drivers license renewed.

    Answered about 1 month ago.

    1. P. Mercer Cauley
    2. James Lawrence Yeargan Jr.
    3. Frank Emilio Martinez
    3 lawyer answers

    Cuban nationals entering the US has a different set of procedures than most aliens. However given the drug charges, I would highly recommend your friend speak with an immigration attorney. Drug convictions under current immigration laws can cause many problems, even though you may think they have been "dismissed".

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. My f-1 visa is expired but i 'm still maintaining a student on i -20 , can i renew my driver license ?

    Answered about 1 month ago.

    1. Giacomo Jacques Behar
    2. P. Mercer Cauley
    3. John Grayson Davidson
    3 lawyer answers

    You should be able to renew your driver's license. The visa does not control your status in the US, that would be your I-94. Your I-94 should be marked with a D/S which means duration of status. As long as you maintain full time student status with your school, you will keep your F-1 status. I can not promise that the DMV will know this but you have status and in most status should be able to renew. You should at least take your I-94, I-20 and evidence you are enrolled full time (in...

    2 lawyers agreed with this answer

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  10. Do USCIS have valid reason to rescind my wife Green Card

    Answered 29 days ago.

    1. Alexander M. Ivakhnenko
    2. Adam Michael Solow
    3. Rizwan M Khalid
    4. Daniel Patrick Hanlon
    5. P. Mercer Cauley
    5 lawyer answers

    This question may be decided on what your status is. If you are a US Citizen or a lawful permanent resident. I agree you need to speak with an immigration attorney to review her status and have you apply for citizenship if you are not already.

    2 lawyers agreed with this answer