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Jose Bernardo Lovo
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Jose Lovo’s Answers

7 total

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

    He was approved for the Dream Act just waiting to get it mailed could that make a difference in the choice ice makes?

    Jose’s Answer

    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 on releasing him.

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  • Do I need to complete I-212?

    I was deported on 2003 . I never had a criminal record. All my children are US citizens and live in the US. I am planning to go back to the US since this year its 10 years since I was deported. I am confused with the forms. Do I have to complete I...

    Jose’s Answer

    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.

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

    What can be done to return to US. I have the I-130 petition approved already.

    Jose’s Answer

    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.

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  • 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?

    I have been arrested and charged for a crime of moral turpitude(misdemeanor) in 2006. In 2007, the conviction Judjment and sentence where vacated "nunc pro tunc" and was no force or effect. Can I come back to the US? Must I act under specific laws...

    Jose’s Answer

    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.

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

    I received my green card through marriage and after three years of being on permanent residency i apply to Us citizenship based on marriage. after passing test on sep 2010, i was told that my case needed further review. its been two years and no f...

    Jose’s Answer

    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.

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  • Can Green Card holder apply for US Passport?

    Currently a permanent resident and would like to travel for emergency purpose. Can I apply for US passport or do I need to renew passport in home country. If not, is it possible to travel to the US on an expired passport?

    Jose’s Answer

    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.

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

    my step-son is 7 years old, I have to file the I-130 separately? one for my wife and one for my step-son or just one application for both? thanks

    Jose’s Answer

    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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