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Yunior Pineiro

Yunior Pineiro’s Answers

24 total

  • How do someone know if they has a criminal record

    Immigration status

    Yunior’s Answer

    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 typically this will include a general report of arrests. A criminal history report may also be obtained from the FBI as provided on their website. Keep in mind that nobody is in a better situation to know if they have committed a crime than the person committing the crime. I point this out because it is important to realize that when, for example, immigration, questions someone regarding crimes, they are asking a person to respond truthfully, and the fact that a crime may somehow not be reflected in a given report for any reason (including errors), does not make that crime not subject to disclosure – a crime is a crime. Additionally, note also that immigration typically includes a question which asks if you have committed a crime for which you were not arrested. In essence, be very careful in your responses to immigration because you may find yourself in a situation where immigration determines that you have lied to them, which could result in serious consequences, including situations where not even a waiver is available to you. Of course this answer is not specific to you or your question, especially to the extent that I do not really know what you are ultimately asking. I hope this helps, however. When pursuing an immigration process, especially when crimes are involved, I always strongly recommend that one use a knowledgeable attorney specializing in immigration law.

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  • Do I have to go into details if I was found not guilty?

    I am removing my conditions of my 2 years conditional gc based on marriage. I was arrested for domestic violence but found not guilty (we both were charged and invoked marital privilege against each other). Now I read on the I 751 that if I answer...

    Yunior’s Answer

    It is important to note that immigration forms change on a fairly regular basis, so what you are refereeing to as question 20, may not be the same question on a different edition of the form. I believe you are referring to the question with regard to prior arrests. Refer to the instructions to Form I-751 which provide significant guidance as to what is needed in the various possible scenarios surround crimes. Generally, and likely the case in your specific scenario (where there appears to be an arrest and court disposition if not guilty), you will need to provide the basic documents which are always needed. Specifically, certified copies of the arrest/police reports and certified court dispositions for all cases. Additionally, keep in mind that if your case is set for interview with immigration, you will likely be asked about the case. In my opinion, especially in situations like yours, where there are crimes involved, it is best to have the petition prepared by a knowledgeable attorney specializing in immigration law, and if the case is set for an interview with immigration, for the attorney to attend such interview with you. Often times if the I-751 is prepared and filed in a thorough and legally sufficient manner, immigration does not require an interview, but rather approves the petition and sends the new permanent resident card by mail. Remember the old saying: a stitch in time saves nine.

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  • Changing biometrics appointment for N400.

    I have filed N400. I cant make it to biometrics appointment date which is 3 weeks from now. Rather than mailing them the letter asking to reschedule, i think it would be faster if I can go to USCIS office, which is near by house. Currently I have ...

    Yunior’s Answer

    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.

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  • 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

    I enter the US when I was like3 or 4 years I went to school here I have two kids I'm 26 year old and don't have any paperwork . I just got married to a Cuban resident . What can I do or were to start. Google is not helping.

    Yunior’s Answer

    • Selected as best answer

    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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  • I was approved for the I-817 in 2001 at the age of 21, I am going to marry a US citizen soon can I get my green card.

    I have been in the US since I was a baby. My parents are residents but never petitioned for me. Can I get my residence card when I marry my fiancé? Or will it be a long process since I did not get any documentation until I was 21. I have records o...

    Yunior’s Answer

    There are many factors that are important and not mention in your question, including, but not limited to, thinks like in what status you initially entered the country (i.e. as a visitor, illegally, etc.). You also may have options to qualify to be considered to adjust your status if you end up in court facing removal proceedings if you meet certain criteria. You may have various options, but certainly I recommend that you meet with a qualified immigration attorney to discuss all relevant facts in your situation and to discuss any and all potential options you may have.

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  • In removal proceedings.

    Already have an approved I-130 based on marriage to U.S. citizen n filed to adjust status with the USCIS.Is it normal to have biometrics n have a work permit before the interview for the AOS?

    Yunior’s Answer

    With an approved I-130, and immigration judge has jurisdiction over an I-485. USCIS ("your local immigration office") may, under certain circumstances which you should discuss with a qualified immigration attorney, have jurisdiction as well. While the immigration judge can't decide an I-130, an I-485 many times can be decided by either a judge or USCIS (even in cases where removal proceedings are pending. Regardless of who adjudicates the I-485, you must first go to your biometrics (fingerprints) appointment. I strongly urge you to discuss your case with a qualified immigration attorney.

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  • My husabnd is citizen of Cuba

    CU6 green card I am here 3 years came legally as turist in United States 3 month ago married my husband. DO i need I 130 petition for I 485

    Yunior’s Answer

    Assuming you are not otherwise barred from adjustment of status you should be able to adjust (become a permanent resident in this case) under the Cuban Adjustment Act without an I-130 petition. Because there are always issues which may be present which may negatively impact the ability to adjust, I urge you to discuss your case in detail, and seek guidance from, a qualified immigration attorney.

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  • I need to know what was a judge decision on a court hearing that my wife did not attend in the year 2000 in Los Angeles ?

    how much will it cost me. she was detained and alowed to enter the country, she does have an A number.

    Yunior’s Answer

    You may obtain some court information by contacting the following automated number: (800) 898-7180. I caution you, however, that this is merely a good STARTING point. If the person failed to attend their court hearing, it is very possible that the immigration judge ordered them removed (deported) in their absence. Many times there is a way to reopen such cases, but they are time-sensitive and certain requirements must be met. I urge you to contact an experienced immigration attorney immediately to discuss the specific facts of this case.

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

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

    Yunior’s Answer

    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.

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  • I married in the US almost a year ago. I was staying over for about 4 months at a time because each tim i entered I was given 6

    moonths. We didnt think it was imparative that we file right away. I was headed back to visit him and was denied entry. we just filed....will I have an issue obtaining my green card?

    Yunior’s Answer

    I think you are saying that you married your US citizen spouse in the US, yet you continued to travel on a tourist visa (and I'm just assuming based on your facts). A tourist visa requires non-immigrant intent (meaning that you are just visiting). My guess is that you were denied that visitor visa the first time you travelled while married to your US citizen spouse. And whether or not there may be an issue may depend on several factors, including whether or not the government feels you were lying at the time you sought to procure that visitor visa. Your case might not run into any problems during your adjustment process, but because it could get tricky, I would be sure to use an attorney specializing in immigration to help you thought the process.

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