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Jesus Novo III

Jesus Novo’s Answers

594 total


  • Customs seal denial

    My husband was denied a custom's seal at the airport for a past drug conviction in 1993. He served time for his crime and has not had any other issues with the law. Is there a chance he would be able to win an appeal? Or are they set on their rule...

    Jesus’s Answer

    As stated before, this is not a criminal law question, unless you want to do some kind of post-conviction relief.

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  • Am I able to exponge my record ?

    I've done some research & I've read that I could present my case to a judge & if the judge sees it fit he'd give me a pass to exponge my record is this true ? If so, how does one go about doing so ? & how long would it take ?

    Jesus’s Answer

    It's not that simple. There are certain requirements that will have to be met, you will have to obtain a Certificate of Eligibility from the FDLE, file an affidavit, and then the Judge may grant it if there is no objection from the prosecutor, the police or anyone else that may be involved. Contact an attorney and don't risk getting denied.

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  • Presumed innocent until proven guilty in the eyes of the law?

    When a person is subject to a felony arrest in Florida but formal charges are not filed, the case is declined and the arrest record is expunged, does this mean that the person is always presumed innocent until proven guilty in the eyes of the law?

    Jesus’s Answer

    That's the case for 97% of the people, however, for Immigration purposes, under certain circumstances, your presumption of innocence means nothing and they can go behind the record to look at the arrest affidavit and then make an independent determination. I hope that's not why you're asking.

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  • Quiero limpiar mi récord criminal por fraud $600 para hacerme ciudadano. hay posibilidad? que me recomiendan?”

    el caso fue en florida en el 2010. persona residente con record criminal puede salir del pais? como se borra el record criminal para trabajar y hacerme ciudadano?

    Jesus’s Answer

    Sellar o borrar su caso no va a tener efecto para Inmigracion. Usted va a tener que presentar copias certificadas del reporte de arresto, el documento acusatorio, y la disposicion final del caso con su aplicacion de ciudadania. Ahora, dependiendo de los cargos y del tiempo que ha pasado ( usted dice en el 2010) quizas pueda hacerse ciudadano a pesar del record. En cuanto a si puede salir del pais, la respuesta es no si quiere regresar. Salir casi nunca es un problema, el problema es al regresar que lo ponen en proceso de remocion. Contacte un abogado de Inmigracion para que le oriente.

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  • Back in the year 2000 I was arrested on domestic violence, however the disposition on the case was Nolle-Pros.

    Can I Now expunge my record and can I bear arms?? thanks

    Jesus’s Answer

    From the case scenario that you present, you would not have any limitations on your ability to bear arms. That said, if there was a restraining order, as typically there are in D.V. cases, then it could affect your ability to obtain a concealed weapons permit. Check with your attorney.

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  • What to do when USCIS recommends to contact I.C.E. to extend my stay in the US because of a pendant criminal case ...

    I am a Mexican national awaiting for trial on a criminal case at state level here in the U.S. and i have a court restriction for travel outside the state , i have a B1/B2 VISA ( turism and business ) , i'd been doing 4 extensions over my original ...

    Jesus’s Answer

    It is a little bit unusual for a state case to linger more than 30 months, unless it's a high profile or serious case. Your criminal defense attorney could have filed a demand for speedy trial. That said, USCIS has no duty to extend your stay and unfortunately you may be in a no-win situation. if you get acquitted in your criminal case, you may still be removed from the U.S. as an overstay, if you get convicted, well, all bets are off then. Good luck.

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  • Can I legally change my name in Florida if I have a felony from Texas? I completed probation.

    The reason I ask is the name change form states "have rights been restored"? I am not sure what this means. I was released from probation and have finished my probation sentence in Texas. Does this mean my rights have been restored? Also, I a...

    Jesus’s Answer

    As long as you have a valid legal reason for changing your name, courts in Florida will do it. However, if you have a conviction anywhere in the U.S. your civil rights will need to be restored. If you received only probation, it is likely that adjudication was withheld, which means you were not convicted and did not lose your civil rights. In any case, I suggest you contact a competent attorney to give you more specific advice.

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  • Is it risky not to mention my previous marriage (Spain, divorced in 2009) when applying for green card after marrying a US cit?

    I'm a Spanish citizen in the US under an 0-1 visa. I'm getting married in FL to a US citizen in a few days, and will then apply for a green card. I can't remember if, when I had applied for my 0-1 visa in 2012, I had stated I was divorced (the t...

    Jesus’s Answer

    At this point the cat is out of the bag regarding what you said in your visa application. However you do have control over what you will say in your I-130 and adjustment applications, and what you should do is tell the truth. The omission in your visa application could be explained and in any case may not be considered a material misrepresentation, however for your petition and adjustment application, it is clearly material, so, once again, as has been said by others ad nauseam, and to quote your fellow Spaniard, "honesty is the best policy".

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  • I had my probation tranfered to miami frim different county I tested +fa weed today po let me go been on pApers fa 11month

    Wanted to know if she vop me will I get reinstated an if I get locked up will dey give me a bond need help lookin for a lawyer need advice I was put on probation in oskaloosa county fl an I transfered it to miami

    Jesus’s Answer

    P.O. supervising probationers from another county tend to be tougher than when supervising their own, so my guess is that you probably will be violated. Your chances of getting bond in Destin or Fort Walton Beach for a VOP, or in any county for that matter, are not very good. I suggest you find yourself a good probations attorney in the panhandle.

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  • How much will it cost for a criminal lawyer

    Two drug charges

    Jesus’s Answer

    Too many factors go into deciding what fee to charge in a criminal case and the charges alone could not responsibly allow a lawyer to quote a fee. Likewise, the fee should not be the only factor you take into consideration when deciding what lawyer to hire.

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