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Javier E Morales

Javier Morales’s Answers

559 total


  • Can my son become a US resident ? He is 17 years old and I'm a US resident in the process of applying for citizenship.

    I was granted withholding of removal after applying for asylum, and been placed on removal proceeding, I had more than 10 years living on this country and after a long process, my case was approved on 2007 and I got my green card the same year, h...

    Javier’s Answer

    Not enough information to offer an adequate response, information states you were granted withholding but then it states you are a permanent resident and will apply for citizenship, how did you become a resident after a grant of withholding? (information is confusing and/or missing facts).

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  • If an illegal alien goes to a local USCIS office to get information can they be detained there?

    Does the local USCIS office arrest and deport illegal aliens? or can an illegal alien go to a field office for information and not fear being detained and deported?

    Javier’s Answer

    The answer is yes, the same way you run the risk of being detained on any given day except you are presenting yourself voluntarily at an Immigration Office. If you need information please consult with an attorney first.

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  • I am filling a motion to reconsider and want to know how likely can i be successful to get a position answer after a denial?

    Hello, i m married to an usc who filed the green card for me. After we sent the extra documents the uscis has requested for evidence, regarding the tax return of our joint sponsor, they denied my application claiming that we failed to submit the s...

    Javier’s Answer

    A motion to reconsider is a request to the original decision maker to review a decision based on new or additional legal arguments. The motion must establish that the decision was incorrect based on the evidence of record at the time of that decision, and it must state the reasons for reconsideration. Unlike a motion to reopen, new evidence or changed circumstances cannot support the filing of a motion to reconsider.

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  • If a person entered the country 23 years ago with a visa, is there anything that can be done to help her get legalized?

    Can an attorney help someone that entered the country 23 years ago with a visa. Is it worth the attempt of getting an attorney? can anything be done?

    Javier’s Answer

    You don't provide sufficient information in order to give you a reasonable answer. Best advice is to schedule a consultation with an attorney si he/she can review your case in depth.

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  • I am US citizen, and I want to give the papers to my brother. He will be 18 by the end of december. can I ?

    I am his legal guardian, and I have a question regarding the paper work. Can I do the petition as his sister/ legal guardian? how long it will take for him to get the green card? can he go to school here?

    Javier’s Answer

    Your petition would be a 4th preference category (F4), meaning he have to wait for the priority date to become current, currently over 10 years waiting period. In the event the priority date becomes current he would be able to adjust status only if he has not not accrued unlawful presence in the U.S. as his petition is not that of an immediate relative. Otherwise he would have to do consular processing and if unlawful presence is an issue he would need a waiver and qualifying relatives in order to be eligible for a waiver.

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  • I am on H1B and planning a trip to Cancun, Mexico. Do I need a visitors VISA?

    Hi, I have been getting mixed answers online that If I have a valid H1B VISA then I dont need a visitors visa to travel to Mexico if the trip is less than 30 days. I want to make sure this from Professionals here. I trust Avvo :)

    Javier’s Answer

    This link should help answer your question:

    http://consulmex.sre.gob.mx/sanfrancisco/index.php/visas-traveling-to-mexico

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  • I-130 rejected the birth certificate only contains the year of birth. Is it OK to write in 01/01/1947?

    I am a US citizen . I have submitted a I-130 petition to USCIS to sponsor my mother for permanent residency in the US. The I-130 petition was rejected because her birth certificate contains only the year she was born ( 1947). Birth certificate...

    Javier’s Answer

    Please follow the links for more information on the requirements for birth certificates:

    http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/submit/documents-to-submit-to-nvc.html#birth

    http://travel.state.gov/content/visas/english/fees/reciprocity-by-country.html

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  • What is my next step after my asylum cases denied in 11th circuit court?

    I was granted an asylum in 2002 but got it revoked in 2010, (reason: fraud). then I applied for new asylum but denied in both BIA and 11th circuit court. I've been staying in US for 14 years and have a 2 years old kid that born in US and now expec...

    Javier’s Answer

    Parties who are not satisfied with the decision of a lower court must petition the U.S. Supreme Court to hear their case. The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review. The Court usually is not under any obligation to hear these cases, and it usually only does so if the case could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value.

    As for your husband, seek the guidance of an attorney in order to determine if he is eligible for Withholding of removal.

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  • My wife wants to seek asylum in USA (from country A), but I have dual citizenship (country A & B). Could her asylum proceed?

    She has a real asylum case and is a national of country A, she has lived all her life there. I'm a dual national of country A and B, and I have spent time in both countries working. Could the fact I posses dual citizenship and able to go to...

    Javier’s Answer

    Asylum is a complicated process your wife should not proceed without the help of an attorney. Is she eligible to obtain legal status in Country B through you?.

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  • What do i need (paperwork,money wise etc) to marry my cuban boyfriend and bring him to the u.s. and how do i do it (process)

    Im a u.s. citizen and my boyfriend is a cuban citizen i am 18 he is 27 and we want to get married may,july,august or december of 2015 What do i need to do Where do i need to go What do i need What paperwork is needed and what is t...

    Javier’s Answer

    Best advice is to seek a consultation with an experienced attorney who can explain and help you navigate the complications of consular processing. There may be more than one option depending on whether you will marry before filing or request a fiancee visa.

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