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Jose Javier Teurbe-Tolon

Jose Teurbe-Tolon’s Answers

6 total

  • My husband is In Honduras, after a deportation. What is his chances of becoming legal??

    My husband crossed into the US in 2000, which made him 17 at the time. he was caught in texas and an immigration judge order removal,he was sent back to Honduras. He crossed back over, and remained here until may 2012 when he was deported again. t...

    Jose’s Answer

    Re-entry after deportation is a crime for which he can be charged criminally under Federal statute 8 USC 1326. If convicted he can be sentenced to two years in prison. The sentence can be more severe if he was deported due to certain criminal offenses.

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  • If a cop asks if they can come in and i said no and they come in any way is that an un lawful entry?

    the cops said they were called here for other people in our apartment and they came up to our apartment and said that our music was up to loud and asked us to turn it down. that is how it started.

    Jose’s Answer

    If you were charged you have remedies in your criminal case. If not you may want to consider a potential lawsuit. Of course when preparing such a suit it may be difficult to calculate damages.

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  • Over served prison sentence

    Was sentenced to 41 months imprisonment and 3 years supervised release. Over served prison sentence 8 months and 14 days according to a public defender and computation. This time was not credited to supervised release. Because of confusion I thoug...

    Jose’s Answer

    I am not an attorney in Maryland, but there are most likely certain post-conviciton and/or equitable motions available to you to file in State Court to remedy this error.

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  • Can USCIS check residency?

    I moved to FL from NJ but did not change my address. I, then applied for naturalization in NJ, before waiting for the mandatory three months to pass. Is this going to be a problem at the interview?

    Jose’s Answer

    In addition to filing an AR-11 you should also call 1-800-375-5283 and change your address with them as well as that will process faster. It is not a substitute for the form but helps with expediting an update of their system.

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  • Haven't received a written decision about my green card by the Officer after she received the missing paperwork I sent her?

    After the interview the Officer told me about the documents that were missing. I mailed them to her attention as she requested. It's been 40 days but I still haven't heard anything or haven't gotten any written decision about my green card from ...

    Jose’s Answer

    • Selected as best answer

    As a former employee of USCIS I can tell you that there's an internal policy where they may take up to four months to give you a response. You can always check the status online, by telephone, or with an infopass.

    If none of that resolves the problem after several months you can submit a processing request through your local congressional office and as a last resort you can file a Writ of Mandamus with the Federal Court. If nothing happens for more than four months I suggest contacting an immigration attorney.

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  • Can I still adjust my status?

    I married to an US citizen in 2004 and we separated after a year, I move back to my home country and we have been separated since then, we filed at that time EAD and AOS but never went to the resident interview, do I still have a chance to adjust ...

    Jose’s Answer

    If an interview was set and you did not appear the case will be denied as a "no-show"/abandonment. If you entered the U.S. lawfully you may still be able to adjust status if your husband is still willing to petition for you and the bona fides of the marriage exist.

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