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Carlos E Sandoval
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Carlos Sandoval’s Answers

863 total


  • How long will it take for my wife and daughter to get their immigrant visa (Green Card) after I have petition for them?

    I just got my green card and I am in the process of filling for them. I got my green card via my son who is a US Citizen

    Carlos’s Answer

    It depends on a number of factors. I assume that your wife is not the mother of you son. If that's the case, how old was your son when you married your wife?

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  • I485 denied due to 3 year bar but it's already been 4.

    I overstayed my i94 by 9 months while a dependent on my father's e2 visa when I was 20 in 2010. When I turned 21 in 2011 I was issued a student visa and returned to the states for good. Since then I've dropped out of school, applied and been grant...

    Carlos’s Answer

    To be able to evaluate your case it will be necessary to review the notice of intent to deny, and then at that time formulate a strategy to respond to the notice. It would be in your best interest to meet with an experienced immigration lawyer to review your case.

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  • Miami. DUI and Ctitizenship

    Hello. i was convicted for a DUI 1st offense in 2014. No criminal background before. Just finished my probation and everything mandatory. I live in the US (green-card holder) since 2009 and volunteer for 2 years helping peoples. Can appl...

    Carlos’s Answer

    There's case law that says that a single petty offense does not bar a finding of good moral character. Therefore if the DUI offense did not have a sentence of more than 1 year, and you did not serve more that 6 months imprisonment it could be argued that the conviction does not affect your moral character. You should meet with an experienced immigration lawyer to evaluate the merits of your case.

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  • Along with my wife's i-864 and her taxes docs, should we send my tax documents as well?

    I have filled my documents for the GC through marriage ( we got married this year), I am on a F-1 Visa and my wife is an US Citizen by birth, I've been working even though I know I wasn’t supposed to, however know that USCIS forgives that in this ...

    Carlos’s Answer

    Your income is irrelevant, since it appears you were not authorized to work. Since you have a cosponsor, as long as the cosponsor met the requirement it does not matter if you wife did not earn enough. Make sure you send the relevant proof of income. Consult with an experienced immigration lawyer if you want to ensure the co-sponsor meets the requirements.

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  • I have a question about my boyfriend. He is from Cuba and he have F25 category of green card,

    We are going to get married soon so i need to know should he first apply for US citizenship or not? Is his green card enough for me to get mine in future? Thank you

    Carlos’s Answer

    As his classification is not CU6, he should become a citizen first, then petition for you as an immediate relative.

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  • Current USCIS Status on I-485 and I-765.

    I'm filing a petition based on marriage, and I would like to know how to fill out the questions on I-485 and I-765 that asks what's my current status. I have been living here for 13 years, and I entered as a visitor and overstayed. Should I fill i...

    Carlos’s Answer

    "Adjustment Applicant" is an option.

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  • OPT expired May 2013. Visa is F-1 D/S. Want to go back home to Canada and work, re-entry concerns? DACA eligible also.

    Haven't applied for DACA. I don't want to show that I violate my F-1 Status. However, is it better to apply for DACA and be DENIED so I have a reason to leave and not be barred coming back into the States? I never worked past my OPT. Just been liv...

    Carlos’s Answer

    You don't seem to qualify for DACA as you were in lawful status in 2013.

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  • I'm a LPR and lived in USA for just about 2-3 weeks per year(studying abroad) would i be able to sponsor my husband(co-sponsor)

    I'm a LPR (green card holder sincer 27 dec 2012) and got my gc through my father just a few months before i turned 21 , i've been in the US for just 15-30 days per year because i was studying for my bachelor's degree and now i'll start studying my...

    Carlos’s Answer

    If you spend between 6 months and a year outside of the United States there's a rebuttable presumption that you abandoned your residence. That presumption can be rebutted by certain factors, and studying abroad is one of them. The good thing in your case is that you did not spend more than a year abroad, which would have been more serious. Yo should consult with an experienced immigration lawyer about obtaining the re-entry permit, and the requirements to file a petition on your husband's behalf.

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  • Do i qualify for the i245? I've been here since 1998, but was denied asylum as a minor and now have TPS?

    My father is a US citizen. I am now 34 years old. I have not left the US since 1998. I came with a visa and was inspected. My mother applied for asylum when i was a minor and we were denied. I was not aware of any removal proceedings, if any. My m...

    Carlos’s Answer

    You don't appear to qualify for 245(i) as no petition was filed on your behalf before April 30, 2001. The first thing to examine in you case is whether you were placed in removal proceedings, and whether an order of removal was issued in your case. You should meet in person with an experienced immigration lawyer to evaluate whether consular processing is a viable solution for you, provided that you obtain an advance parole.

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  • What is the duration for a mother who is a US citizen or Green card holder to file for her son to get a green card?

    Especially if the son has a visitors Visa for 10 years

    Carlos’s Answer

    It depends. If the mother is a United States citizen and the son is under the age of 21 and single, he is considered an immediate relative and there is a visa available immediately. If the mother is not a resident, or if the son is over the age of 21 or married, then it will change according to the priority dates on the visa bulletin. Consult with an experienced immigration lawyer to evaluate your case.

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