Yunior Pineiro's Answers

Yunior Pineiro
Miami Immigration Attorney.
Contributor Level 8

2

Attorney answers:

  1. Yunior Pineiro
  2. Philip Alan Eichorn

Marriage fraud and affect on adjustment of status, USCIS removal proceedings, deportation for marriage fraud

Asked by a user in Los Angeles, CA - over 3 years ago.

I agree with the previous answer, but will add that your facts do not "automatically" disqualify you from adjusting your status to become a permanent resident. If you made no statements to the effect that the marriage was fraudulent (which you likely did not if your marriage was valid), and if you were never actually charge with the fraud, then, depending on all other factors, you may have options. The fact that USCIS has indicated that your previous marriage was fraudulent does not make the...

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2

Attorney answers:

  1. Yunior Pineiro
  2. Philip Alan Eichorn

If my wife has been deported for the 2nd time, is there anything that can be done to get her back into the U.S.

Asked by a user in San Diego, CA - over 3 years ago.

Your wife is in a pretty bad predicament. For the most part either one of those violations makes her inadmissible for a minimum of 10 years, possibly more. She may however, apply for a waiver to renter the country (depending on the specifics of the case), but I do not see much chance for success. Of course, everything is dependent on the specific facts of the situtation (including her conviction and unlawful reentry).

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Attorney answers:

  1. Yunior Pineiro

Is adultery a case for moral turpitude in maryland and possible grounds for deportation

Asked by a user in Olney, MD - over 3 years ago.

For you to have an issue with a crime involving moral turpitude you need a crime first. While there may be other issues surrounding your case, in general, you will not have an issue with a crime involving moral turpitude unless you have been convicted of a crime AND that crime is one which qualifies as one involving moral turpitude. Although you need to confirm this, I do not believe “adultery,” as we normally use the term, is a crime in any state (but again, this should be confirmed).

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Attorney answers:

  1. Yunior Pineiro
  2. Robert Philip Webber

I have overstayed my visa and got a speeding ticket. Will immigration be knocking on my door?

Asked by a user in Breckenridge, CO - over 3 years ago.

My advice is to go online (if that is an option) and pay your fine. You may be more likely to be in the hands of immigration if you ignore your fine and later the court issues a warrant for your arrest for failure to appear in court. It's an unpredictable world, but I don't see people come into contact with immigration by paying speeding tickets. I hope this helps. And by the way, there's a pretty good chance immigration knows where you are already, but the odds of them "getting" you are...

1

Attorney answers:

  1. Yunior Pineiro

Can I sue the USCIS for losing my status of change documents

Asked by a user in Detroit, MI - over 3 years ago.

One of the things I would suggest is that you re-start your process. If you have proof of mailing and receipt of the initial application, you at least have something to work with. With regard to your motion to reopen, however, your may be looking at a very long time. Your original application was likely deemed abandoned if you failed to respond to further inquiries from USCIS. An original application will very likely run faster and smoother. This part of the answer goes to what you can do...

1

Attorney answers:

  1. Yunior Pineiro

Deportation for a warrant

Asked by a user in Inglewood, CA - over 3 years ago.

While getting a ticket for not having a valid driver's license will not, on its own, make you deportable, it may prove more difficult to obtain a bond in the event you are put in removal/deportation proceedings. I think you would want to take care of the warrant as soon as possible, but you should consider using an attorney to avoid being arrested. If you are arrested based on your warrant, Immigrations and Customs Enforcement (ICE) will likely be notified before your release, at which point...

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