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Fernando Perez III

Fernando Perez’s Answers

25 total

  • Why are there two separtate hearings in immigration court?

    My fiance will have a hearing in three weeks to see the judge.But his lawyer is requesting a bond hearing.What will they do when he sees the judge and not the bond hearing?

    Fernando’s Answer

    Although you do not mention this, I assume from your question that your fiance is detained. When a person is detained he will be scheduled for a Master Calendar Hearing (a preliminary hearing) because the deportation case will proceed whther he gets out on bond or not. If your fiance never gets out on bond the Immigration Judge in the detention facility will finish up the case there. The hearing in three weeks is that first hearing regarding his deportation. Your lawyer is trying to get him a bond so he can be released. A bond hearing can be held at the same time as his Master Calendar Hearing in three weeks, but it sounds like your attorney is trying to get an earlier hearing date so if a bond is granted and paid your fiance can get out of detention sooner.

    As another lawyer who responded to you mentioned, you should be getting this informaiton from your attorney since they will have more details about your fiance's situation.

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  • Residency card

    Hello, I am married for over 4 years I went to two inetrview already and never got any answer. Now they sent me employment authorization valid for 2 years. Is teher any time frame where they have to give me answer for my I-485 (residency) Is there...

    Fernando’s Answer

    Sorry to hear about your problem. Unfortunately, there are a couple of officers at the Orlando office that do things like this. What is probably going on is that the officer who interviewed you thinks you marriage is a fake marriage, but can't prove it, so they are delaying a decision hoping you get divorced. Assuming that your US citizen spouse is still willing to sponsor you and assuming your marriage is a real marriage, there are a number of things that can be done.

    An Infopass appointment, as suggested by another attorney who responded to your question, would be a waste of time. Infopass appointments are good if a file is lost, but in your case the officer clearly has an issue with the bona fides of the marriage.

    What we would do in a case like yours is contact the supervisors and the Field Office Director in Orlando. While true that there is no set time during which Immigration must make a decision on a residency application, they must do so in a reasonable time. Four years is not reasonable. If contacting supervisors does not lead to a decision the next step is to sue Immigration in federal court to get a judge to order them to make a decision.

    If you do not have an attorney who specializes in Immigration Law you could be waiting for ever - so go out and hire one.

    We have offices in Orlando and would be glad to help you.

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  • Traveling without residency card

    I am still waiting for my residency card, can I apply for traveling documents I-131 ? is it safe ?

    Fernando’s Answer

    It is unclear from your question if you have already had your interview at Immigration (USCIS)and are just waiting for the actual card to arrive or if you have applied for residency and are waiting for the interview.

    If you have already had your interview, been approved, and are just waiting for the card you should have a stamp in your passport called an I-551 stamp. This would allow you to travel since it is evidence of residency for someone waiting to physically receive the card.

    If you have not been interviewed, or if you have been interviewed and are waiting for a decision you will need an advance parole to travel. However, if you have been in the US out of status for more than six months (the time is computed cummulatively) you may not travel under any circumstances until you have become a resident. If you travel before becoming a resident, even with an advance parole, you will become subject to a 3-10 year bar to reentry.

    If you are not represented in connection with your pending application for residency you should consult with an attorney to determine if it is OK for you to travel. I would also urge you in the strongest posible way to take an attorney with you to any appointments at Immigration (USCIS). The reason is that some officers at the Orlando office will treat you very differently and follow the law more exactly if there is an attorney present. Without an attorney present things can sometimes get tense.

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  • Do I need to report to immigration services my misdemeanor conviction from a year ago?

    I'm permanent resident and I was convicted reckless driving a year ago. That's my only offense. Do I have to report it to immigration services? Will this affect my application for citizenship in 5 years?

    Fernando’s Answer

    Immigration (USCIS) has recently taken the position that an applicant must disclose all traffic offenses when applying for citizenship. You would not have to disclose the conviction if you were applying for residency. Since you are already a resident you will have to disclose the offense and provide court certified copies of the charge, police report, and final disposition when you apply for citizenship.

    Tampa allows you to have one conviction for an offense like Reckless Driving or DUI during the period during which you have to show good moral character to become a citizen. If you get a second conviction you would have to wait 3-5 years from the date of the first conviction to be able to apply for citizenship.

    If you are eligible for citizenship now I would recommned applying as soon as possible. Citizenships can be obtained in about six months. We would be happy to assist you.

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  • Own business, J2, divorce -> do I have to leave the country?

    I wonder what would happen if I started my own company in the States and we divorced. Would I have to leave the country in the case of divorce? Or am I allowed to stay because of business and apply a new visa for me as soon as filing for the divor...

    Fernando’s Answer

    It depends. Some "J" visas require you to return to your home country for two years following the termiantion of the "J" status. In your case, the first thing would be to determine if your are subject to the two year foreign residency requirement. If so, it may not be possible for you to switch to another status and remain in the US. If it is determined that you can switch to another staus without having to be outside the US for two years, then we can consider what other catagories are available. You mention an investment, but not your country of nationality. If you are a national of a country that is eligible for E2 status (Treaty Investor) you would want to chage your status from J2 to E2 whie you are still married and in status. If ou divorce first you will automatically lose your status and your ability to change to another status. Once your status is changed to another nonimmigrant status a divorce will not affect you. You also mention annual income of $33,000. Not sure where you are getting the information that there is a minimum income requirement for investors. There isn't.

    You probably have options, but your case is complex, so I would recommend you retain a well-qualified immigration attorney as soon as possible. We would be happy to assist you.

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