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Gerald Patrick Seipp's Answers
- 4 Legal Answers
- 0 Legal Guides
3
Attorney answers:
Citizenship through great grandparent
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.
3
Attorney answers:
Can a Canadian citizen obtain a visa, greencard or citizenship with a charge of reckless driving adjudication withheld (in FL)?
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.
4
Attorney answers:
ICE got my husband, who already has a petition been processed, would it be delayed now, or what would happen?
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.
3
Attorney answers:
If my husband was deported twice what are the chance for me to fix his papers?
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...