Gerald Patrick Seipp’s Answers

Gerald Patrick Seipp

Clearwater Immigration Attorney.

Contributor Level 3
  1. What Does an Asylee need to do to Travel to Slovakia?

    Answered almost 2 years ago.

    1. Carl Michael Shusterman
    2. Kyndra L. Mulder
    3. Gerald Patrick Seipp
    4. F. J. Capriotti III
    4 lawyer answers

    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.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered about 2 years ago.

    1. Neil Ian Fleischer
    2. Gerald Patrick Seipp
    3. Javier E Morales
    4. Ahmad Mohamad Yakzan
    5. Patrice Dayale Dziire
    6. ···
    6 lawyer answers

    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.

    1 person marked this answer as helpful

  3. 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?

    Answered almost 2 years ago.

    1. Nicolas Andres Olano
    2. Gerald Patrick Seipp
    3. Vladimir Galstyan
    4. Ralf D. Wiedemann
    4 lawyer answers

    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. .

  4. Filing I-485 for sponsored immigrants

    Answered about 2 years ago.

    1. Carl Michael Shusterman
    2. Jeffrey Adam Devore
    3. Gerald Patrick Seipp
    4. J Charles Ferrari
    4 lawyer answers

    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.

  5. How can I apply for a V visa?

    Answered about 2 years ago.

    1. Gerald Patrick Seipp
    2. Obadan Unuigbojie Iziokhai
    3. Theodore John Murphy
    4. Robert West
    4 lawyer answers

    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.

  6. Citizenship through great grandparent

    Answered over 2 years ago.

    1. Kyndra L. Mulder
    2. Gerald Patrick Seipp
    3. Elizabeth Clare Surin
    3 lawyer answers

    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.

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

    Answered over 2 years ago.

    1. Craig A. Epifanio
    2. James Regan
    3. Gerald Patrick Seipp
    3 lawyer answers

    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.

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

    Answered over 2 years ago.

    1. Neil Ian Fleischer
    2. Luis Alberto Guerra
    3. Gerald Patrick Seipp
    4. J Charles Ferrari
    4 lawyer answers

    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.

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

    Answered over 2 years ago.

    1. Gerald Patrick Seipp
    2. J Charles Ferrari
    3. F. J. Capriotti III
    3 lawyer answers

    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...