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Elan Baret

Elan Baret’s Answers

8 total

  • Not responding to a H1B RFE, will this affect any immigration related applications in the Future?

    I have an H1B approved from Company A, and an H1B RFE from Company B. I do not wish to join company B now, and so do not wish to respond to that RFE. Will this affect any of my immigration related applications in the future like H1B transfer, H1b ...

    Elan’s Answer

    I would not ignore the RFE. If you do not wish to pursue the H1B application you should withdraw it. I would consult with a competent attorney that will review your case and see that you are not causing damage to the other existing or pending applications.. Good luck.

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  • Can you avoid an ICE HOLD, if you have a U.S citizen wife and 2 kids? And with a Domestic violence charge back in 1995?

    I would like to know if there's a way u can stop a deportation if u have been in common law for 14 years? With a U.S Citizen and also have 2 kids born here. But also have a previous conviction of Domestic violence that happen in 1995? Would that...

    Elan’s Answer

    Does this person have a ICE hold now? is he arrested by state official? If placed in removal he/she may be able to apply for cancellation of removal before the immigration judge. Common law marriage is not recognized in the United States so the hardship to the common law spouse will not be counted. Is there an issue why he/she cannot legally marry her/his common law spouse?

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  • To get or not married to a citizen with a felony while waiting for an immigration interview due to an asalym case.

    My status is currently pending as of April 2015 when I sent in my asalym case. They say it will take about 2 years before I get my immigration interview. At the same time I live with my boyfriend ( for almost a year), who is a US citizen but he ha...

    Elan’s Answer

    You may pursue a family petition and adjustment of status now and his criminal records should not disturb this process as he is the United States citizen. The criminal charges that your partner is having (fraud) do not affect a family petition. If you entered legally to the US and have no other inadmissibility issues (such as criminal convictions for yourself) you should go a head with the family petition route that is much better than asylum. Good luck.

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  • I have a question.

    I have had a green card for 3 years and am 2 years away from my citizenship. My current wife lived in the U.S. for about a year and half and left November of 2014. She came with her parents on a tourist visa but while they were here applied for a ...

    Elan’s Answer

    You mentioned that your wife lived here for a year and a half. Didn't she overstayed her B-2 status? At the airport was she allowed to withdraw her application for admission? Make sure that she does not have an expedited removal order. I would do a Freedom on Information (FOIA) request from CBP and get the record from them. Regardless the chance of her getting a new tourist visa are very low especially when she has a husband that is living in the US thus it will be hard to overcome the presumption of her intent to immigrate to the US. I think you should file a family petition (I-130) for her now, as a spouse of a permanent resident. Even though there is a waiting time (priority date) for this category it may be sooner than waiting for you to naturalize. Good luck.

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  • Immigration military spouse / fiance

    I'm living in the US with my fiancee we are planning on getting married to adjust my status....but im wondering if we get married and my wife is off training in the military, when it's time for the interview and she isn't available could that be a...

    Elan’s Answer

    If your Spouse is in the Military and cannot attend the interview for this reason you can go to the interview by your self (or with your attorney) with evidence of your marriage and her military service. If your case is well documented and you have enough evidence to prove your marriage the officer can waive her appearance and approve your case (assuming your case is otherwise approvable). I have had similar cases and even cases where the US citizen spouse was incarcerated (in jail) and the case was approved. Good luck.

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  • I am a legal green card holder but im in removal proceeding can i still apply for citizenships. an how can i fight my case

    I came to the united state when i was 7 years old i graduated high school and now attending college becuase i took a plea deal to child abuse it subject me to deportation this was my first charge in my whole life i wish to know the best way to fig...

    Elan’s Answer

    The short answer is that you cannot naturalize while you are in Removal Proceedings. I cannot over emphasize the importance of you consulting an experience Immigration attorney and possibly hire one to represent you in your Removal Proceedings. You may qualify for a relief such as Cancellation of Removal, 212 (h) waiver, etc. You should also ask your attorney to check if you derived citizenship from your parents before your turned 18. Good luck.

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  • I am married to a US citizen. Should we file for a I-130 and I-485?

    All I have is a work permit that i gained through the Consideration of Deffered Action for Children law. I am 7 mths pregnant. Should we wait till after I give birth or before.

    Elan’s Answer

    Since you are married to a US citizen your husband can definitely file the I-130 family petition for you. As to the Adjustment of Status (AOS) form I-485, you first have to be sure that you meet the requirements for AOS. For example, if you entered the United States without inspection (EWI) you are not eligible to adjust you status and you will probably have to go though Consular Processing in your home country after the I-130 is approved and you may need to get a waiver for unlawful presence. There are some exceptions to this rule and there are other inadmissibility grounds you will need to consider such as if you have criminal convictions etc. Before you file anything I recommend that you consult with an immigration attorney.

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  • Is it safe to file for the N-600 immigration form to become a citizen while having 2 pending 3rd degree grand thefts ?

    My mother became a US citizen when I was 14 years old. 15 years later I found my self in a serious matter. I was wondering would it be safe to file the N-600 to avoid deportation. While my criminal case is pending a resolution Thank you for your r...

    Elan’s Answer

    Safe is a relative term. If you qualify for derivative citizenship so it is "safe" because you are technically a United State citizen and you will not placed in removal proceeding. I recommend that you will consult an experience immigration attorney to determine if you meet all the requirement for N-600. Moreover, even if you don't meet the requirements of N-600 you may still be eligible to naturalize (N-400) depending on what will be the final outcome of your 2 pending charges and if you do get convicted then the criminal statute has to be analyzed to determined if it is a crime involving moral turpitude (CIMT). I strongly recommend that you will speak with an immigration attorney before you file anything. Good luck.

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