Elan Baret’s Answers

Elan Baret

Fort Lauderdale Immigration Attorney.

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

    Answered over 1 year ago.

    1. Brian J Esposito
    2. Kyndra L. Mulder
    3. Ksenia Alexandrovna Maiorova
    4. Colleen M. Glenn
    5. Anu Gupta
    6. ···
    8 lawyer answers

    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...

    7 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Luis Alberto Guerra
    2. F. J. Capriotti III
    3. Nassim Arzani
    4. Elan Baret
    5. J. Thomas Smith Ph.D.
    6. ···
    6 lawyer answers

    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....

    4 lawyers agreed with this answer

  3. 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

    Answered over 1 year ago.

    1. Rebeca Sanchez-Roig
    2. Alexander Joseph Segal
    3. Kevin D Slattery
    4. Stephen D. Berman
    5. J Charles Ferrari
    6. ···
    10 lawyer answers

    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.

    2 lawyers agreed with this answer

  4. Immigration military spouse / fiance

    Answered about 1 year ago.

    1. Elan Baret
    2. F. J. Capriotti III
    3. Lawrence Orta
    3 lawyer answers

    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...

    1 lawyer agreed with this answer