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David H. Stoller's Answers
Contributor Level 11
- 86 Legal Answers
- 9 Legal Guides
3
Attorney answers:
My husband had his I 160 appointment in Cuidad Juarez on feb. 28 they dident take his passport why? and how long will this take
Thanks for your inquiry. A few things are clear, this process takes a long time and it is really confusing. No one ever seems to know exactly what is going on and I am sure that you and your spouse are quite frustrated. Let’s discuss the basics on processing and perhaps this will give you some answers on what to expect. I am making a few assumptions when it comes to your inquiry. I am assuming that you are a US citizen or a lawful permanent resident, that your spouse has an approved...
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7
Attorney answers:
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I-130, I-601, & I-212
Thanks for your inquiry. This is definitely one of those difficult cases where the advice of an attorney would be very helpful. Let's discuss the framework here and then how to handle the processing of the case. Once someone is removed from the US, he is generally rendered inadmissible to the US for a period of ten years. In other words, someone removed from the US is barred from returning to the US for ten years if he does not otherwise obtain the prior approval of the US government....
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3
Attorney answers:
Any trouble at reentry point to the US if I was arrested for solicitation of prostitution ?
Thank you for your inquiry. The short answer to your question is that you should consult with a knowledgeable attorney who can guide you through the concerns which you have. Truth is that you may encounter some problems along the way and you need to understand how to handle these. Let’s talk about your travel to and from the US. For purposes of our discussion, I am going to assume that you have not previously been arrested for anything prior to this incident. Assuming that this is true,...
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3
Attorney answers:
Will it effect on getting green card?Can I seal and expunge my records?
Thank you for your inquiry. From the description you have provided in your inquiry, I believe that the answer to your questions that the incident WILL NOT have any immigration consequences. When a foreign national applies for a visa to come to the US, she must establish that she is not inadmissible to the US. Inadmissibility refers to a long listing of occurrences or situations in one’s past (or perhaps in one’s future) which would make the foreign national “undesirable” in the US. This...
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3
Attorney answers:
Lied on N400. What will happen?
Thank you for your inquiry. While we generally try to help foreign nationals get through issues like this with the idea of assisting that person with obtaining immigration benefits, this guy appears to need an understanding of where he lives and the protections which are available to spouses and children who are fearful of the type of abuse which you describe. Generally, a lawful permanent residence (“LPR”) must be an LPR for 5 years before becoming eligible to file an application for...
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2
Attorney answers:
Is there an expiration for an I-140 approval?
Thank you for your inquiry. The answer to your question is no, the I-140 does not "expire." But, you do have to keep in mind that if you let the approved visa petition sit in "no man's land" for an extended period of time, the authorities processing the visa may conclude that you are no longer interested and could cancel the visa process. If the I-140 is filed in the US (i.e. no overseas processing through the US Consulate [USCON]), then the application will be processed only by USCIS. If...
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3
Attorney answers:
I Married a Cuban Citizen in March 2010, The interview 3-2-11 went well, but no stamp on passaport he said things look good,
My guess is that you went to the local CIS office in West Palm Beach ("WPB"). This local office is part of District 10 - Tampa, Orlando, WPB and Jacksonville. Having practiced in the Orlando office, the deal is that stamps are generally not placed in passports during the interview in much the same ways as things were done years ago. Instead officers give the line that a decision will be mailed to you. But if the officer did not ask for anything and you provided evidence that the marriage is...
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4
Attorney answers:
Immigration case was filed thru marriage in 2001 in FL and it was sent to Missouri pending since 2008.
The answer to your question is to file an action in the federal court seeking to force CIS to make a decision on your case. Reality is that you can ask and ask and ask CIS as to the status of the case and you will get nowhere and it will take you forever to get there. Federal litigation, on the other hand, will likely result in movement on the file in a relatively short period of time and is the most effective tool available to get this case out of no man's land. Over the span of the years...
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4
Attorney answers:
Does the US embassy issue CR1 applicants with visas from a date suitable to the applicant?
Thank you for your inquiry. Generally, immigrant visas are issued for a time certain and will expire if not used during the visa’s validity. I agree with my colleagues that you can always bring your concern to the attention of the folks at the US Consulate (USCON) and see what they say. But be prepared to travel to the US when the visa requires or risk the potential for having to start the process anew. When a Form I-130 is filed (in this case it appears that it is a visa petition filed...
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3
Attorney answers:
Can her objection tamper with our plans during filing?
Thank you for your inquiry. The answer to your question is that you and your fiancee are the ones that make the decisions about when and where you marry. While you probably do not want to start of your relationship with your mother in law on her bad side, it is not her choice to make. Keep a few things in mind. First, we do not have Justice of Peace here in Florida. Rather, any membe of the clergy or anyone who is an authorized notary public can conduct the ceremony. Please make sure...
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