Jose Bernardo Lovo’s Answers

Jose Bernardo Lovo

Coral Gables Immigration Attorney.

Contributor Level 3
  1. Do I need to complete I-212?

    Answered over 1 year ago.

    1. Jose Bernardo Lovo
    2. Alice Antonovsky
    3. Jeffrey Adam Devore
    4. Stephen D. Berman
    5. Paritosh Bhupesh Sheth
    5 lawyer answers

    Were you ordered removed by an immigration judge? The I-212 is used when the applicant applies for admission before the 10 or 5 year bars have expired. The I-212 is basically a waiver under 212(a)(9)(A). If the bars was for ten years and that time has passed, then the I-212 is not needed. Definitely speak with an attorney before making any moves.

    3 lawyers agreed with this answer

  2. I left US while in proceedings. I was placed in proceedings due a tourist visa overstay. I'm married an US Citizen since 2004.

    Answered over 1 year ago.

    1. Jeffrey Adam Devore
    2. Veronica Tunitsky
    3. Jose Antonio Moreno
    4. Stephen D. Berman
    5. Alice Antonovsky
    6. ···
    6 lawyer answers

    The correct answer depends on whether you were ordered removed in asbentia. If you were, then yes you can back, but with a waiver under 212(a)(9)(A) and another waiver for unlawful presence under 212(a)(9)(B). If you were not removed in absentia, it's because ICE couldn't prove service of the NTA, and you would be able to come back with just one waiver for unlawful presence. An approved I-130 is your ticket to start the consular process. Please speak with an attorney before taking the next step.

    3 lawyers agreed with this answer

  3. My Fiance has an immigration hold could the dream act make a difference?

    Answered over 1 year ago.

    1. Jose Bernardo Lovo
    2. Chad Michael Brandt
    3. Veronica Tunitsky
    4. Michael Hugh Carlin
    4 lawyer answers

    Absolutely it can make a difference! If ICE were notifed of his eligiblity, there is a chance his hold could be lifted. However, if ICE does act upon the hold and detains him, he could get out in a reasonable time and maybe without a bond. Right now the South Florida detention facilites (Krome & BTC) are overpopulated. People who are prima facie eligible for DACA are being released. Please contact an immigration attorney ASAP because if he has proof of his eligilibty, then ICE can work with you...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I am a canadian citizen. I have been arrested and charged for a crime of moral turpitude(misdemeanor) can I come back to the US?

    Answered about 2 years ago.

    1. Jonathan Scott Greene
    2. Rudolph Baboun
    3. Giacomo Jacques Behar
    4. Luis Alberto Guerra
    5. Jose Bernardo Lovo
    5 lawyer answers

    The reasons for vacating a conviction are what controls these issues. Not all vacated convictions will be treated as such by immigration adjudicators, so please hire an experienced immigration attorney before trying to return to the U.S.. Also, section 212(a)(2) of the Immigration Act covers just "committing" a crime, so even a vacated conviction can subject you to certain sections of the immigration laws. Also, there could be a petty offense exception, but would need to know more.

    1 lawyer agreed with this answer

  5. Can Green Card holder apply for US Passport?

    Answered about 2 years ago.

    1. Alejandro Rafael Lopez
    2. Sema Yildirim
    3. Luis Alberto Guerra
    4. Jose Bernardo Lovo
    5. Mary Carmen Remigio Madrid-Crost
    5 lawyer answers

    You would need to apply for U.S. citizenship either through naturalization or derivation (through a U.S. Post Office); Run to your home country's nearest consulate and request a travel document.

    1 lawyer agreed with this answer

  6. 2 years ago, i apply for Us naturalization (n-400) and still have not received final adjudication?

    Answered about 2 years ago.

    1. Alena Shautsova
    2. Luis Alberto Guerra
    3. Jose Bernardo Lovo
    4. Eli Mayer Kantor
    4 lawyer answers

    Sir, it seems ICE could be watching you as well. As of now, you should wait to hear from USCIS on your N-400. If USCIS/ICE has enough evidence of marriage fraud , your N-400 will be denied, you would place in removal proceedings, and you would need to seek a waiver under section 237(a)(1)(H) of the Act if you qualify. If USCIS denies your N-400 and issues a Notice to Appear (NTA), you must hire an experienced immigration attorney. Good luck.

    1 person marked this answer as helpful

  7. Do I have to file 2 times the I-130 for my wife and my step-son? or just one for both?

    Answered about 2 years ago.

    1. Richard Wells Moore JR
    2. Jose Bernardo Lovo
    3. F. J. Capriotti III
    4. Mary Carmen Remigio Madrid-Crost
    4 lawyer answers

    You would need to file separate petitions for your wife and step-son because they are "immediate relatives" of a U.S. citizen, and cannot have derivatives. Their visa numbers would be immediately available. If you were a permanent resident, you would be able to file only one petition for both of them--but the petition process would take longer as a preference category.

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