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Fernando Perez III

Fernando Perez’s Answers

25 total

  • Immigration court

    I am married since 2006, I went to two interview, never got approved for my green card, but also never ben denied. I just got letter from USCIS that they can not proccess my application (485) due to incorrect amount and sent check for. Now my case...

    Fernando’s Answer

    You definitely need a lawyer. If your marriage is a real marriage you will be able to get your green card, but now that you are in deportation proceedings it will be much more complicated. Yes, it is a bad thing because if you do not get a lawyer you will probably get deported.

    Even if they could not approve the I-485 they should have approved the I-130 filed by your spouse (unless your spouse is Cuban and you applied under the Cuban Adjustment Act).

    We would be happy to assist you with this.

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  • Immgration.

    iam a teen.iam not going to say my age.but iam not really young.i want to get married to a 27year old and he has no papers.he is from mexico and he 27. i heard that you got to be 16 t33n or older to get married with a older person then you but wi...

    Fernando’s Answer

    If he entered the United States illegally even if you marry him he will not be able to stay here. You sound really young. I suggest you speak to someone (parent, priest, counselor, etc.) before you get married.

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  • US resident with a misdemeanor case(retail theft)-case was dismissed in2005;can it count against when he applies for citizenship

    APPLICATION fotr Citizenship will start in 2011; he was resident since 2004. Misdemeneaor case occurred in 2004 but was dismissed in 2005 after he followed a Pre-trial intervention program. He received a letter from FL state Attorney's office stat...

    Fernando’s Answer

    You should not have a problem when you apply for citizenship if this is your only criminal matter. Based on your information it appears the charge was dismissed. Even if it had not been dismissed, since it occurred more than five years ago, it still would not have created a problem.

    When you file for citizenship you will still have to disclose the arrest and provide court certified copies of the police report, charge, PTI agreement, and final disposition - if available. Because your case was a misdemeanor the Clerk will only keeep the records for five years, so you may only be able to get a one page certification of diposition.

    Do not apply to have your record sealed or expunged unil after you become a citizen as doing so could complicate the process.

    Even though you will be able to get your citizenship next year,because of the criminal history, I strongly recommend you retain an attorney to help you with the process.

    We would be happy to assist you.

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  • I130 has been closed because of change of address issue how can reopen the file with same priority date?

    I-130 was filed for two married sisters in 02/05/2002. Because of address change issue and uscis sent some papers in august 2009 and we never received these documents to our current address and 12/2009 all these documents were sent back to uscis. ...

    Fernando’s Answer

    To reopen the cases you would have to file two separate motions to reopen, with two separate filing fees, with the Immigration office that denied the petitions.

    To have any chance of getting the petitions reopened you will have to show that your failure to respond to the request for evidence that was sent out was due to circumstances outside your control (e.g., you notified Immigration of the change of address, but they sent it to the old address anyway). Your best hope of getting these motions granted and the cases reopened is to hire an attorney since an attorney will know what Immigration is looking for.

    It may also take 6-12 months (or more) before you learn if the motions to reopen are granted or denied. If denied, you will have lost all that time.

    My advice is to file new ones. You can also file new ones and also file the motions to reopen. This is more expensive, but it will give you a chance of preseving the 2002 priority date without losing a year or more if the motions are denied.

    We would be happy to help you with this.

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  • I married my husband and hes from honduras can i get a license for him and try to ajust papers without him leaving to honduras?

    need to know if my husband from honduras can get a license im an american also want to know if he can get legal status with out having to leave the usa

    Fernando’s Answer

    I cannot tell from the information you provided. Unless your husband is here legally he will nt be able to get a license.

    If your husband entered the US illegally (without papers) there is no way for you to make him legal unles someone filed a petition for him before April 30, 2001. If he entered with a visa and overstayed, or if someone petitioned for him before April 30, 2001, then he can be helped.

    If he entered illegally, they only way he can become legal is by going back to Honduras, but if he goes to Homduras he may not be allowed to come back for 10 years.

    You definitely need to speak with an attorney who can look at your specific situation and give you specific advice.

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  • Is it crime as of now?

    iwell ask again i was maried to tow woman in the bast from 1999 to 2005 and i divorce them both and now i maried again is there any issue on mee or crimnal i can get to the jill out the that? thanks

    Fernando’s Answer

    It is a crime in Florida to be married to more than one person at the same time. From your question it seems that in 2005 you were married to two people at the same time. It also appears that you divorced both of those persons and have now married again.

    It is unlikely that the State of Florida will file criminal charges against you because you were married to two people in the past. Especially if neither of your ex-spouses is complaining to the prosecutors about it.

    I also do not know what nformation you gave when you obtained your current license in response to the question about how many times you have been married. Legally, you have only been married twice. The marriage to the second person that took place while you were still married to the first person was not valid, so it does not count as a marriage.

    As for immigration benefits, there are two questions that would affect you. There is a question that asks if you plan to be married to more than one person (Poligamy) in the future. You can answer "no" to that. The application also asks if you have ever committed a crime for which you have not been charged. Your answer to that would have to be "yes" because you were, at one time, married to two people and that is a crime. It will then be ncessary to determine if poligamy is a "crime of moral turpitude."

    You have a very complicated and delicate situation. If you are planning on applying for immigration benefits based on your current marriage you definitely need to speak with an attorney with knowledge of both immmigration and criminal matters.

    We would be happy to help you.

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  • Should i close my old immigration case and open a new one? and how? i'm getting a divorce, and getting married again.

    Hello! i'm getting a divorce with my husband, who is us citizen, and after the interview i didn't get any answers from USCIS. how should i close my case? so happened that i met another man and we fell in love and we have a baby now, so we want to ...

    Fernando’s Answer

    • Selected as best answer

    You definitely need an attorney. Normally, with a pending case you would just withdraw it and file with your new husband. The fact that your first case is still pending indicates that Immigration may be thinking your first marriage was a fraudulent marriage entered into just to get a green card. If they make this determination you will probably be put in deportation proceedings and a finding of fraud will prevent you from ever getting a green card. The fact that you are now in married and have a USC child will not matter.

    You need to hire an attorney that is able to handle a potentially sensitive case like yours and who can handle any issue that might come up (like deportation proceedings).

    We would be happy to assist you.

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  • H4 travel during/after H1B transfer

    Hi, I am on H1b visa and my wife is on H4. I am planning to change job and transfer my visa. Both our current visa's are valid for another 6 months. Need to know below, 1. Can my wife travel outside US and return during and after my H1B transfe...

    Fernando’s Answer

    Your wife can certainly travel and come back before you change employers. She should not travel while the H1B petition is pending as this will void her H4 application. She should file for the H4 together with your H1B petition because that way her H4 approval will coincide with your H1B approval which should be good for three years.

    After you get the new approvals, the first time you exit the US, before coming back you will need to stop by the US Consulate in your home country so a new visa can be issued that coincides with the validity dates of the new H1B and H4 approvals.

    We would be happy to assit you and you newremployer with the H1B process.

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  • I am an USA citizen requesting my mom to become a resident. She is here and came with a visa

    I am an USA citizen requesting my mom to become a resident. She is here and came with a visa but she lost the entry card and immigration was not able to find it. She has her old passport with the visa but the entry stamp is not too visible. She en...

    Fernando’s Answer

    Lawful entry can be established by alternate means if the entry ccard and stamp are not available. For example, we have used passports of persons who traveled with the person, statements from the persons someone traveled with or who picked them up at the airport, boarding passes, visas showing the person had a valid visa on the day she entered, etc.

    The biggest concern here is the fact that, according to your question, Immigration cannot find any record of her entry.

    We would be happy to assit you with this.

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  • Can a Green card holder be deported when applying for citizenship with a dismissed felony case 2 yrs ago?

    I'm married since 12 yrs.My husband is physically &verbally abusive,extremely controlling.During an argument in the kitchen,my husband was very verbally abusive, I struck him with the kitchen knife with which I had in my hand while cooking.I just ...

    Fernando’s Answer

    You definitely need to sit down with an attorney who knows criminal as well as immigration law. To that meeting you should bring copies of any docments you have pertaining to that charge. Many persons think their criminal charges were dismissed when, actualy, they were not. The reason is that the state definition of a convcition is different from the immigration definition of a conviction. If the result of your charge was a "nolle prosse" or you entered into a Pre Trial Intervention program then that is a true dismissal. if, on the other hand, you entered a plea and the judge "withheld adjudication" this would be a conviction for immigration purposes even if it is not a conviction under state law. Having your record sealed or expunged does not eliminate the conviction for immigration purposes. In fact, having your record sealed or expunged often makes matters worse because if you or your former criminal attorney do not have copies it will be impossible for you to prove to Immigration that the charges were, in fact, dismissed.

    In your case, you may be at risk because a conviction for domestic violence and/or a conviction for an aggravated felony both render you deportable and inadmissible to the United States. You certainly should not travel out of the United States or file anything with Immigration until you have spoken to an attorney who specializes in these matters.

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