Alina Cruz's Answers

I'm a 16 year old illegal immigrant, i was brought here when i was under a year old.. what can I do?

Unforunately, Congress has not passed the Dream Act which would help you. If you are not in removal proceedings, you may elect to stay in the U.S. and hope that a law is passed that will help you. You will not start to accumulate illegal precence until you are 18. Note: If you elect to leave the U.S., please beaware that even if you qualify for some type of visa, there are reports from Ciudad Juarez in Mexico that the consul there is not currently applying the "minor exception" which means...

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Lost I94 already left territory, will I have issues re-entering?

The I-94 is an official travel document that you need to show legal status in the US. It's always a good idea to make a copy of this document (and the biographic portion of your passport!) shortly after your arrival. If you lost your I-94, you may request a replacement of the I-94 by filing form 1-102. If you need more assistance with this case, please contact my office. Good Luck Alina Cruz, Esq.

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I-485 and I-765 Progress

Your I-765 is contingent onthe I-485. Yes, immigration does take long. You can always call and might want to get an infopass to inquire about the status. (Go to the site www.uscis.gov and click of the link that says "Schedule a free appointment" on thelefthand column.) If everything proceeds normally, you will get a notice in the mail for your fingerprints/biometrics appointment. You also might get a request for more information if homeland security determines that they need more information...

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Boyfriend was deported in oct. 2007 with a 3 year ban, his 3 year ban ends oct. 2010, what can we do for him to return back?

I agree with the previous answers. It is important to see why he was deported or if infact he was deported. Check the charges on the NTA (notice to appear) and the final order of deportation. If this is a second deportation, he may be subject to the 20 year bar. Also he may be eligible for a 601 hardship waiver. These are extremely difficult to get because the makers of the law already know that there will be some hardship when the family is separated. A well presented waiver is critical to...

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I came when i was 8yrs old , I have been marry 8yrs to a citizen, have a child and pregnant. can I apply for legal residency ?

If you entered legally, you should have no problem if there are no other issues. If you entered illegally, you may qualify for a hardship waiver. Be forewarned that if you entered illegally and your spouse petitions for you, and that petition is approved and you are invited to go to Mexico to get your visa--you will be subject to the inadmissibility bars. That means that you may not be able to get back in. Right now you must wait outside the USA for any hardship waiver to be approved and that...

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Immigration Bar Law

Some bars can be defeated and some cannot.It all depends on the situation. For a brief overview of immigration bars see my legal guide in AVVO: Hardship Waivers: Can you defeat the Immigration Bars? or at http://www.cruzlaw.us/Waivers.html

If i have an EAC and the officer on my pending case for a green card sent me a letter regarding TPS, what can i do?

Your father may petition for you BUT you will have to leave the United States to get the visa. Once you leave the United States, you will be subject to the inadmissibility bars for the time you were here illegally as an adult—10 years if you have overstayed your visa by 1 year or more. If you qualify for TPS, I urge you to pursue that so that you do not stay/become illegal in the U.S. To qualify for TPS (Haiti) you must be a Haitian National, or person without nationality who last habitually...

I am interested in post conviction relief to avoid immigration consequences is this even possible?

If you have been here 10 years you may qualify for cancellation of removal. You may qualify for a hardship waiver or post conviction relief. Careful, if you are picked up by immigration officials you may also be subject to mandatory detention for the aggraved felony. In any case, you need to hire a lawyer and speak to them about the details of your case. Good luck

Is there any way USCIS ( United States Citizenship and Immigration Services) will consider reopening a 3 year old case?

USCIS typically sends requests for more evidence when there is a question and if the evidence is not received timely, the case is closed. If you have all the proof you need now, you could just file a new application. An immigration attorney can help you present a package that will give your case the best chance for approval. Good luck!

How to change incorrect information in filed on-line I-539 after the form was submitted?

You can send them a letter telling them what happened--make sure to put the confirmation number on the letter, or do nothing and hope they realize it was an error. I recommend the former, because if not, Homeland Security will likely send you a Request for More Information which will delay the process and you will still have to explain what happened. If you need more assistance with this case, please contact me. Thank you, Alina Cruz, Esq.