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Saidin Marcus Hernandez's Answers
- 18 Legal Answers
- 1 Legal Guide
2
Attorney answers:
Affidavit of supprt and transfering responsibilities in family based immigration(joint sponsor)
Hello Once you are the sponsor you remain obligated until that person either dies, becomes a US Citizen or has worked 40 quarters (approximately 10 years).
1
Attorney answers:
Should I apply for I 360 for myself and my son or use the I130 from my older son?
Hello If your son is a U.S. citizen then he can apply for you and you might be able to obtain your residency through adjustment of status if you were properly inspected and admitted. This would be an easier way to obtain your residency than through the VAWA application. You should consult with an attorney to make sure you qualify.
2
Attorney answers:
Should I file for bankruptcy if I am planning to apply for residence status in the future?Would that affect the status approval?
Hello Filing for bankruptcy should not affect your ability to obtain your residency as it is not a factor in determining good moral conduct. You should consult with an attorney to make sure that you are able to file for residency without having to leave the U.S. and also review other potential pitfalls.
3
Attorney answers:
Summon vs Bankruptcy
Hello Receiving a summons on a civil case should not stop you from filing for bankruptcy relief. However, you should inform your attorney so that the process can be properly stayed during pendency of the bankruptcy case.
1
Attorney answers:
I-130 Petition by Green Card Parent
Hello The Child Status Protection Act was enacted to protect children from aging out. However, the protection is different for petitions by residents as opposed to petitions by US Citizens. Residents have the drawback that the age of the beneficiary child only freezes in time for the duration of the time that it takes for USCIS to adjudicate the petition. In your case it means that you are in a different family category (2B instead of 2A) now since you are over 21. You should contact an...
2
Attorney answers:
Out of Status
Hello The good thing about F-1 status is that it is issued for the duration of stay. That means that although you are technically out of status because you are not attending school, for immigration purposes you are not out of status until USCIS or an immigration judge makes that determination. You need to consult an attorney to see what options you might have. Good luck!
2
Attorney answers:
Can my daughter be deported ?
Hello You need to contact an immigration attorney immediately because most likely ICE will try to put her in removal proceedings. The attorney will have to review the criminal history so it will be useful to have the court records available.
1
Attorney answers:
Will I get a student visa after overstaying the visa waiver?
Hello Most likely you will be denied entry into the United States since you violated the conditions of VWP (Visa Waiver Program). The good thing is that you are not subject to the three or ten year bars. You may be able to apply for a non-immigrant waiver but that will be subject to their discretion.
1
Attorney answers:
I'm in the US on F-1.How to get work permit?
Hello Students are generally not allowed to work unless they are eligible for OPT(Optional Practical Training) or they are having economic hardship. Either way, this has to be recommended by the DSO (the school official that handles international students). OPT can be obtained in the following: (1) During the student’s annual vacation and at other times when school is not in session, if the student is currently enrolled, and is eligible for registration and intends to register for the next...
1
Attorney answers:
Q&A ON 11 522(b)(2) or 11 522(b)(3)
Hello Florida has opted out of the Federal exemptions so only the state's exemptions apply.