Yunior Pineiro’s Answers

Yunior Pineiro

Miami Immigration Attorney.

Contributor Level 9
  1. Can a U.S citizen who is a felon and currently under probation, petition his wife to become an LPR?

    Answered over 1 year ago.

    1. Yunior Pineiro
    2. Carlos E Sandoval
    3. Jeffrey Adam Devore
    4. Dean P Murray
    5. Samuel Patrick Ouya Maina
    5 lawyer answers

    While it's always necessary to obtain all the facts of each case in order to provide meaningful and proper advice, this much is true: Limiting the scope of your question to whether or not your husband (a US citizen) is somehow precluded from filing a petition on your behalf, the answer is straight forward. Unless he is denaturalized, which is an extremely rare occurrence, the crimes of a USC do not prevent him/her from filing a petition for his/her spouse. The opposite is not true for the...

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

    Answered almost 6 years ago.

    1. Yunior Pineiro
    2. Philip Alan Eichorn
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

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  3. How do someone know if they has a criminal record

    Answered about 1 year ago.

    1. Karin Wolman
    2. Yunior Pineiro
    3. Ingrid Arnalda Morfa
    4. Alexus Paul Sham
    5. Alena Shautsova
    6. ···
    6 lawyer answers

    Your question is not very clear, but if you are asking what typically constitutes criminal records, it generally includes things such as criminal arrests and court dispositions (decisions). You may generally obtain arrest reports from the arresting agency (i.e. police) and court dispositions (outcome) from the court in which the criminal case was adjudicated (decided). Some states offer a way to obtain a criminal history report by contacting the state agency in charge of such records, and...

    6 lawyers agreed with this answer

  4. Should I present my employment authorization form to the court for my criminal driving without a license ticket?

    Answered over 1 year ago.

    1. Jennifer Ann Jacobs
    2. Yunior Pineiro
    3. Herbert J Tan
    4. Jeffrey Jose Estrella
    4 lawyer answers

    If you are here without lawful status, you are not entitled to a work permit unless you qualify for one under the law. As to the immigration component of your question, to the extent there is even an immigration question, I urge you to contact an immigration attorney before you apply for a work permit for which you may not qualify. While you may have the ability to adjust your status lawfully now or in the future, applying for work authorization by misrepresenting facts could very likely...

    4 lawyers agreed with this answer

  5. Help me how to start my paper work I need a green card.I lived in the US like for 23 years I have two kids Help me

    Answered over 1 year ago.

    1. Yunior Pineiro
    2. Cindy Medina
    3. Peter Anthony Jabaly
    3 lawyer answers

    You haven't provided sufficient information such as the manner in which you entered the country, whether you are inadmissible for any reason, including potential arrests, etc. in order to determine all you options, including the possibility of adjusting under the Cuban Adjustment Act, or other manner. It would be wise for you meet with a qualified and experienced immigration attorney to determine all your potential options and possible issues specific to your case.

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  6. Changing biometrics appointment for N400.

    Answered over 1 year ago.

    1. Yunior Pineiro
    2. Robert Louis Brown
    3. J Charles Ferrari
    4. Alexander Joseph Segal
    4 lawyer answers

    You may also, in an abundance of caution, mail a brief requests for your needed change (to the address indicated at the bottom of the I-797. It is also always a good idea to send the letter via certified mail or at least with delivery confirmation, and of course keep a copy of the letter and I-797 for your records. If you can go before your scheduled time and date (avoid Mondays and Fridays), especially with your condition, you would likely be allowed to have your fingerprints taken that very day.

    3 lawyers agreed with this answer

  7. Can I still work after my Employment Authorization has expired that was originally obtained through a Differed App. In 2011 ?

    Answered over 1 year ago.

    1. Jose Antonio Moreno
    2. Yunior Pineiro
    3. F. J. Capriotti III
    4. J Charles Ferrari
    4 lawyer answers

    I am in total agreement with my colleagues. No work authorization, no work.

    3 lawyers agreed with this answer

  8. I send the I-102 form about two weeks, I found out in some cases they ask for more evidence so should I send a copy of the visa

    Answered over 1 year ago.

    1. Yunior Pineiro
    2. Irene Vaisman
    3. Nicolette Glazer
    4. F. J. Capriotti III
    4 lawyer answers

    If your question is whether you should send additional documents in connection with the Form I-102 you have already filed (i.e. mailed), then I suggest that you actually wait until you hear back from immigration. Even if you do send additional documents after filing the I-102, it is likely that the additional documents will never make it to your immigration file for this case. While it might have been helpful to send additional documents with the initial I-102, at this point I would wait. You...

    4 lawyers agreed with this answer

  9. How do you know how long someone has been deported out of USA for ?

    Answered over 1 year ago.

    1. Alena Shautsova
    2. Yunior Pineiro
    3. Christian K. Lassen II
    4. Jeffrey Adam Devore
    5. Gintare Grigaite
    5 lawyer answers

    That number will tell you when the immigration judge ordered removal (deportation), but be aware that the actual departure from the US will not almost ever be the date of the order.

    2 lawyers agreed with this answer

  10. If your tps is expired can your job tell you that you cant work even thought i already reapply and there was an extension

    Answered over 1 year ago.

    1. Jeffrey Adam Devore
    2. Yunior Pineiro
    3. Theodore Su-Tsoh Huang
    4. Irene Vaisman
    5. J Charles Ferrari
    5 lawyer answers

    It's is the employment authorization document ("work permit") that actually permits you to work lawfully, not the TPS. It sounds to me, although you didn't say so, that you may have failed to re-register for TPS as required by law. While you can generally cure this with a late-filed application with proper justification, I urge you to see an immigration attorney immediately. Keep in mind that there are also certain situations that may make you ineligible for re-registration. If you remain...

    2 lawyers agreed with this answer