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Peter Reed Hill

Peter Hill’s Answers

3 total

  • Why i got deported to Mexico when i shouldn't??

    I'm concern of my awful situation according to Obama administration he would only deport felons or people who served time in Prison or people who multiple misdemeanor convictions i don't understand why i got deported from Georgia to M...

    Peter’s Answer

    • Selected as best answer

    It depends how your sentencing sheet read. The Immigration Judges generally are powerless to go beyond the language of the sentencing sheet. Your offense may have qualified as an 'aggravated felony,' a category which includes some misdemeanors which clearly are not felonies under state law. Often the defense against a case like yours is to hire an immigration lawyer who understands what part of state law is beyond the reach of immigration judges. If you have not yet been physically deported, perhaps you have a remedy. If you have already been deported, you will have to fight like mad to get back, and you might not succeed. It is unfortunate, but handling an immigration case like yours without a lawyer who really knows what works is like going fishing without a fishing rod and bait - you are not going to be successful. It is not so much Obama as it is the individual officers who work for him who are bound by the regulations and the interpretations in vogue at the moment. Make sure that if you try to fix your case now and return to the U.S. as a residen, that you do not hire anyone who promises you anything. Buena suerte! This post in not to be construed as legal advice because I do not know the actual details of your case - it is merely an educated guess and is not to be acted upon.

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  • How can I cancel my Asylum case and start it over ?

    I applied for an asylum case, then I discovered that there are some mistakes in my application, so what should I do ?

    Peter’s Answer

    If you have filed it, you will have a hard time starting over. A frivolous application, i.e. one that contains deliberate fabrications, bars you for life from the U.S. However, if you have not been interviewed, you will probably not be subjected to the lifetime bar but if you do not show up for your interview before the Asylum Officer and you are not in lawful immigration status, you will likely be placed in immigration proceedings. You can always amend your answers in the application at the time of the interview but if you swear to after being warned of the consequence of a lifetime bar and your changes go to the heart of the matter, you may be subject to the lifetime bar from the United States. I strongly suggest that you consult local counsel before you do anything in this case. This answer shall not be construed as legal advice as no attorney client relationship has been formed - this answer is solely provided for informational purposes.

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  • Will I have problems IF someday i remarry and file for another Adjustment of Status after divorcing my current wife?

    My wife and I already filed for my AOS. We are awaiting our interview date. But we are having serious marital issues and I dont think our marriage will last much longer. My question in detail is, what would happen to me after getting a divorce fro...

    Peter’s Answer

    If you have already filed, then USCIS can keep the case open and deny the I-130 for want of prosecution, and deny the I-485 for want of prosecution if you do not show up. Currently in Atlanta not all unsuccessful 'marriage to a US Citizen cases' wind up in removal proceedings in Immigration Court but depending on what country you are from and other factors too complex to be answered in this answer, is still possible. USCIS may give you a hard time in your next case if you "find another lover, marry her, and file a second time. USCIS is within its rights to question the bona fides of the current marriage which is not working out in the context of any future case involving an immigrant petition. Beware: marriage fraud is both a crime and can bar you from the U.S. for life without exception.

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