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Gerald Patrick Seipp

Gerald Seipp’s Answers

9 total

  • What Does an Asylee need to do to Travel to Slovakia?

    I was granted my asylum a month ago and I am planning to travel to Slovakia to visit a friend of mine, now I have a couple questions 1st, Do I need a Visa to go to Slovakia? 2nd I should apply for a Refugee Travel Document, by filing I-131..Does ...

    Gerald’s Answer

    I assume you are not from Slovakia. Suggest you check with the Slovak embassy or a consulate in regard to travel requirements to that country. You are correct that form for refugee travel document is the I-131, which facilitates return to U.S. after travel abroad.

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  • I want to marry a girl from canada next month, when we do can she stay here for at least 6 months on her normal passport?

    can she stay indefinetly while we are filing residency papers? can she get dual residency

    Gerald’s Answer

    Assuming you are a U.S. citizen, you will be able to file a petition for your new wife to classify her as an immediate relative. If approved she would be a lawful permanent resident, not a U.S. citizen. She would not lose Canadian citizen even if she later becomes a U.S. citizen. There are pros and cons with the available processing options, which can be discussed with an experienced immigration attorney, who would also want to rule out any grounds of inadmissibility. .

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  • Filing I-485 for sponsored immigrants

    Hello , I have a green card and filed an immigrant petition for my husband and my son some while ago from Moscow, Russia. Now my husband and my son came to the US on a B1/B2 visa and intend to stay until they get ther immigrant visa/ adjustment of...

    Gerald’s Answer

    Mr. Devore is correct that the relevant factors need to be analyzed. Assume you are aware that, upon the petitioner's obtaining U.S. citizenship, petitions would be upgraded, which may be helpful for husband and/or son.

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  • How can I apply for a V visa?

    I am a permanent resident of the US, I filed an immigrant petition for my husband and my son, it is now pending. They currently have a B1/B2 visa and are visiting me in the US and intend to stay here for 6 months. Is it possible to apply for a V v...

    Gerald’s Answer

    As noted by other lawyers, the V visa is pretty much an anachronism now. If you become a U.S. citizen, petition for spouse would be up-graded to immediate relative for which there are no derivatvie benefits, so son would likely need a separate petition, if does not have one already. In the meaintime, other non-immigrant options could be explored.

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  • Prosecutorial Discretion in a case involving a drug conviction 35 years ago? I have 4 children all US citizens + approved I-130

    I am the father of four children who are all US citizens, the youngest two being 6 year-old twins. I am the beneficiary of an approved I-130 by my oldest son, but have been denied Adjustment of Status due to a drug conviction 35 years ago and give...

    Gerald’s Answer

    I recommend that you consult with an experienced Immigration attorney, who can analyze all the issues and formulate a strategy. Except for a single offense for simple possession of 30 grams or less of marijuana, controlled substance convictions cannot be waived to obtain LPR status. However, it is sometimes possible to argue that there is no conviction, that the substance was not on the federal list, etc. If this is a foreign conviction the issues can be even more complex.

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  • Citizenship through great grandparent

    Can my father get American Citizenship through his grandmother?Her birthday was March 9 1884. She lived in the states for twenty six years.She came to Canada when she was twenty six.My dad parents were Canadian, his maternal grandmother was Americ...

    Gerald’s Answer

    Other attorney is correct that there is no direct derivative route in this situation through grandmother, but if one of you father's parents acquired U.S. citizenship and fulfilled the necessary residence requirements in the U.S. father in turn may have acquired. We'd need the full chronology to evaluate.

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  • Can a Canadian citizen obtain a visa, greencard or citizenship with a charge of reckless driving adjudication withheld (in FL)?

    Arrested for DUI (alcohol related). Reduced to reckless driving adjudication withheld. Currently on P1 visa, living in Florida but will be travelling to Mexico and Canada a few times a year while re-entering the US. Will I have trouble re-enterin...

    Gerald’s Answer

    Good news is that this is not a crime involving moral turpitude such as to render you to be inadmissible. However, we'd need to evaluate if there is any possible basis for DHS to invoke the medical ground of exclusion for substance abuse.

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  • ICE got my husband, who already has a petition been processed, would it be delayed now, or what would happen?

    He has a I-130. He doesn't have any negative background, no traffic tickets, he is clean. He is from brazil, but he entered the US illegally in 2004. The ice couldn't find when or how he entered here.

    Gerald’s Answer

    Husband will likely need to pursue immigrant visa processing in Rio after approval of the I-130, which should not be hung up based on the removal proceeding. One thing to explore is voluntary departure, but he will likely require the I-601 hardship waiver due to his unlawful presence of more than one year, in any event. Depending on the equiies, prosecutorial discretion can also be explored. An experienced immigration attorney can outline the entire process once all the facts are verified.

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  • If my husband was deported twice what are the chance for me to fix his papers?

    my husband tried to cross over twice but he was caught, he was deported twice so he in mexico right now and am here in the USA with are two kids i am a citizen and i wanted to know what were the chance for me to fix his papers?

    Gerald’s Answer

    If he did not accumulate more than one year of unlawful presence and does not have any other inadmissibility issues, he may only need the I-212 waiver, which, in general, is liberally granted. If he illegally reentered after a formal deportation or removal order, we would be looking at the permanent bar - 212(a)(9)(C) - for which you need to wait 10 years before applying for a waiver. The answer to this question requires a knowlege of the complete facts and the actual dates of the prior removals to Mexico.

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