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Luis Alberto Guerra
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Luis Guerra’s Answers

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  • Green card for wife

    HI I am in Indian and got my GC two months ago in EB1 category(L1A Manager), I am planning to marry Indian girl in June and she is working here on H1B. Her visa is valid for another 18 months. Can I apply for GC for her immediately afte...

    Luis’s Answer

    Yes you can via an adjustment of status.

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  • Deported from US 8 years ago for PCS 2 (Cocaine). Currently married to a US citizen. Can I get 212 d 3 waiver easily to visit US

    I was in the US on an F1 student visa and I was arrested on September 2005 for 4th degree assault (DV) and later during checks they found a small bag of cocaine (worth $10) in my pocket. I was in country jail for 3 months and then 1 month in immig...

    Luis’s Answer

    You can try to obtain a nonimmigrant waiver; however, it will be difficult. I suggest that you obtain competent legal representation if you wish to try.

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  • Reckless driving and selling alcohol to minor immigration matter and citizenship

    i was charged in 2011 with reckless driving ,i plead guilty and i payed 650 for fine ,no jail or probation or finger print , in 2013 i was cited by police officer because selling alcohol to minor in my gas satiation , i went to court DA dismi...

    Luis’s Answer

    Attorney Dombrow gave you a great answer. I will add the following:

    1) The 2011 reckless driving charge MAY be a deportable offense. It is for sure a "conviction for immigration purposes" since you pled guilty and you paid a fine. Now to determine if it is a deportable offense we will have to know the specific elements of the statute to determine whether or not it is a "crime involving moral turpitude" (a deportable offense) or not. We will also need to know when you were admitted as a legal permanent resident because that affects deportability as well (the commission of a crime involving moral turpitude within the first 5 years of admission is a deportable offense) If the case is deemed a crime involving moral turpitude it will also be deemed an inadmissibility offense which will affect your naturalization. Keep in mind that even if the case is a deportable offense there are waivers that you can use to avoid a possible deportation. (For example the petty offense exception, 212h waiver, cancellation of removal)

    2) Turning to the 2013 case. It is not a conviction for immigration purposes nor a deportable offense. Normally violation of regulations are not deemed crimes involving moral turpitude.

    3) For citizenship purposes. The government (USCIS) will review your record for inadmissibility and deportability issues. Normally the officers review only the statutory period (5 years before filing your N-400 application) but it is not uncommon for them to look beyond if, for example, they find offenses during the statutory period. Now in your case you may be ineligible for citizenship in 2015 (because of the 2011 charge). The USCIS officer may deem you a person lacking good moral character. If the 2011 case would have been dismissed instead of a plea you would have had a better chance.

    4) Immigration law is very complex. I suggest you take all your criminal and immigration records to a competent immigration attorney for a thorough review.

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  • Find job in Houston with sponsorship for software developer

    Dear sir/madam! My name is Tuvia Khusid. I live and work in Israel as Software developer(married+3). Me and my family are planning immigration to Houston. How could your office help us. I prefer the option of permanent working visa with sponso...

    Luis’s Answer

    Hi Tuvia. There are many ways to come to the US. You can come as a nonimmigrant (for a temporary period) or as an immigrant (to live here permanently). Do you have family members or an employer that can sponsor you? Are you a person of extraordinary abilities?

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  • Is it a reg flag if my sponsee's sister is our co-sponsor and my sponsee is the only one with a job?

    I am a U.S. citizen and I am filing for green card for my spouse. I am a student and have not filed any tax return, my wife also just graduated and is on an OPT, she doesn't have a job yet and doesn't have a source of income, but she may have one ...

    Luis’s Answer

    This situation is not unusual for young couples that are going to school. That is exactly why the US government requires a joint sponsor to step in your shoes. Make sure that you bring evidence that your marriage is for real.

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  • Do I still get 2 years conditional green card if i am already married for year?

    I am married to US citizen for almost a year but haven't applied for a green card yet. I am planning to apply now. Do I still get 2 years conditional green card even though I am already married for a year or for remaining time in 2 years?

    Luis’s Answer

    Yes. You need to have been married for two years or more to avoid the conditional green card.

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  • My gf is in Colombia and is planning on visiting me with a tourist visa. Can she marry me while she's here?

    And if we do get married, does she have to leave the country afterwards? I'm a US permanent resident and I'll be applying for citizenship next year.

    Luis’s Answer

    Yes she can marry you. You next questions is probably can she get a green card based on that marriage? the answer is maybe.

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  • Green Card after submitting I-407

    My wife surrendered her green card using form I-407 at a foreign consulate 5 weeks ago. Her family is angry with her and now she is having second thoughts and wants to change her decision and get the green card back. She is blaming me for her deci...

    Luis’s Answer

    You can always file a new immigrant visa petition on her behalf.

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  • I recently married my american husband. in my adjustment statue do they ask me about my visits to US before 5 years?

    i was visiting US before 5 years by b2 visa now i'm married my american husband. should i have to tell in my filing papers adjustment statue about my previous visits to US before 5 years or not necessary to mention.

    Luis’s Answer

    My colleague is correct.

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  • Petetion change of status F1to P1 denied

    my age of entry in USA i came before age of 15 did my high school maintained my legal status .now i am unable to my pay university high fees .i applied change of status f1 to p1visa my case denied i lost my f1 status too .but my i94 valid up to 2...

    Luis’s Answer

    I agree. Meet with an experienced immigration attorney to evaluate your options.

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