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Peter Joseph Loughlin
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Peter Loughlin’s Answers

49 total


  • Is it possible to apply for Green Card with ten year rule?

    I am an ilegal alien and i've lived in the USA for 15 years, I have no one to petition for me but I heared cases where you can apply with something called the Ten Year Rule or something. It this something possible? I was brought to the USA when I...

    Peter’s Answer

    I believe what you are referring to is "Cancellation of Removal for Non Permanent Residents" Cancellation of removal usually a defensive maneuver occurring after a person has been put into removal proceedings. In other words, a Notice to Appear has been issued demanding the appearance before an Immigration Judge. Basically, the foreign national, who is now a “respondent” in court, may ask for relief from the court in the form of a cancellation of removal application. you can find more detailed information at the link provided below. Be aware, however, that it is generally not advisable to place yourself into proceeding in order to apply for this relief.

    Also, it appears from your stated age of arrival date, etc.,that you may be eligible for the new "Deferred Action for Childhood Arrivals". I have provided a link below to a video that will give you more details of the eligibility requirements for DACA.

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  • I'm married an US Citizen but I was placed in removal proceedings

    I'm married an US Citizen but I was placed in removal proceedings because I overstayed a tourist visa. I didn't show up to that hearing and left US while in proceedings. I have a deportaton order in absentia I am in Brazil since 2009 and I have...

    Peter’s Answer

    Had you remained in the US you may have tried to have he removal order rescinded, however, your only option at this point is to file form I-212 Application for Permission to Reapply for Admission into the United States After Deportation or Removal. (See INA §212(a)(9)(A) for more details). In addition, you mentioned that you overstayed your authorized visit as a tourist - assuming you overstayed 180 days or more after your authorized departure date, you will also need to file form an I-601 waiver as well. It is critical that your waiver application be well supported with documentary evidence. I highly recommend you consult with a competent immigration attorney before proceeding.

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  • British Passport Attorney Needed to help me get my lost passport back

    I am 33 years old came to the US on my Step Father's British passport when I was 11 years old. I traveled back to the UK when I was 16 years old on my own British passport with my last name then back to the US. My Step father lost my passport and ...

    Peter’s Answer

    I recently help a client obtain their British passport. May I ask if you have other documents such as birth record's, etc., clearly establishing your citizenship? If so There really shouldn't be a problem.

    Do feel free to give me a call at 239-643-5529 to set up a free consultation to see If I may be of assistance. Please bring with you copies of prior applications and any rejection notices.

    Regards....

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  • My stay in usa up January and i want to get married march do i have to go home are can i stay till am married?

    am 18 years old on a visitors visa and am getting married soon to a us citizen but i really wanna get married at on my birthday next year at 19 but my stay in us ends a month before i do and i dont want to go home what should i do....need ur help ...

    Peter’s Answer

    You say that you are here are a visitors visa so I am assuming you mean a B-2 visa. Firstly, you are supposed to leave by the departure date indicated on your I-94 card so please do not construe what I am about to say as a green light to overstay.

    That said, the current USCIS policy is to forgive unlawful stays for spouse/beneficiaries of U.S. citizens. If you do decide unlawfully overstay a few months and then marry and file to adjust status, you should be approved assuming you met all other eligibility requirements.

    In addition, it is possible to extend your current B-2 status for a legitimate tourist purpose (though not merely for the convenience of marrying and adjusting status closer to your birthday). Tourist visas and extensions of tourist status may be granted to persons with true tourist intent -- for example, visiting family and friends, traveling, visiting cities and attractions, etc. If you have a primary tourist intent you may apply for an extension, however, you should be prepared to later demonstrate that you were not applying for the extension as a pretext.

    By the way, if you entered on the visa waiver program you may not extend your stay. It is however generally possible to adjust status even if you stay beyond the 90 days permitted under the program, so long as removal proceedings against you have not commenced.

    In short, I really do think you need an immigration attorney to review you case in detail to best protect you.

    Best of luck,

    Peter J. Loughlin, Esq.
    Goldman & Loughlin, PLLC
    4100 Corporate Sq., Suite 163
    Naples, FL 34104
    Representing Clients in All 50 States
    239-643-5529
    http://usimmigrationteam.com

    Note: The above answer is provided for informational use only and should not be construed as legal advice or legal opinion. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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  • My 20 year old son has had his permanent reseidents card for 4 years this Dec.

    would he be eligible to apply for dual citizenship on the 5th year and if so could you advise how long the process usually takes. Thank you.

    Peter’s Answer

    Lawful permanent residents are generally eligible to apply for naturalization 90 days prior to the fifth year anniversary of their obtaining permanent residence. (Three years for marriage based permanent residents). You and your son should also be aware of the presence, residency and good moral character requirements before filing.

    Your primary question is about applying for dual citizenship. Since your son is already a citizen of another country you will need to determine if his current country of citizenship permits dual citizenship. Some countries limit or do not permit their citizens to become citizens of any other country. You should contact his country's consular office in the U.S. to determine thier current polcy on dual citizenship. The U.S. generally permits this so long as there is no conflicting allegiance.

    Finally please take a look at our article on naturalization:
    http://www.immigrationnewsradio.com/citizenship-naturalization/naturalization-guide-basic-eligibility-requirements

    Feel free to give us a call....

    Best of luck,

    Peter J. Loughlin, Esq.
    Goldman & Loughlin, PLLC
    4100 Corporate Sq., Suite 163
    Naples, FL 34104
    Representing Clients in All 50 States
    239-643-5529
    http://usimmigrationteam.com

    Note: The above answer is provided for informational use only and should not be construed as legal advice or legal opinion. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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  • If i get married to a convicted felon will i still be able to be legal or become a legal residence

    my boyfriend is a convicted felon will i still be able to become a legal residence

    Peter’s Answer

    The criminal history of a spouse petitioning for their immigrant spouse is rarely an issue in terms of a the foreign national qualifying for permanent residence

    Sincerely,

    Peter J Loughlin, Esq.
    Goldman & Loughlin, PLLC
    Free Consultation Available
    4100 Corporate Square Blvd., Suite 163
    Naples, Florida 34104
    Tel: 239.643.5529 Fax: 239.455.5294

    Note: This information is provided for general information purposes only and is not offered as legal advice. A written legal services agreement must be signed by both the attorney and the client to establish an attorney-client relationship.

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  • Married to USC, currently in the us with approved I-130. Can I file form I-485 with I-175 alone without form I-131.

    Married to USC, currently in the us with approved I-130. Can I file form I-485 with I-175 alone without form I-131.

    Peter’s Answer

    Whether or not you should file the form I-485 depends on a few factors.

    1) Were you lawfully admitted to the United States? If so, you may file Form I-485 even if you have overstayed.

    If, however, you entered without inspection (EWI) you would generally not be able to adjust status here in the U.S unless, for example, an approvable petition was filed with USCIS (then INS) prior to April 30, 2001 naming you as a beneficiary or derivative beneficiary.

    2) Admissibility: Certain convictions and admissions to crimes may make one "inadmissible" to adjust status. Waivers are available in some cases but not all --and the granting of waivers is discretionary.

    3) Regarding Form I-131 for Advanced Parole: You should only file an I-131 if you have not overstayed your lawful period of admission as indicated on your I-94 card. If you apply for advanced parole the government will issue your parole documents, BUT if you leave the US and attempt reentry you would risk being denied admission back to the US for a period of 3 to 10 years depending on the length of your current overstay (if any).

    Finally you mention Form I-175. I think you mean Form I-765 for work authorization, yes? If so, assuming you are eligible based on the above, you don't have to file the I-765 with the I-485, but in most cased you would be foolish not to since the fees for the I-765 (and the I-131) are included in the I-485 fee which is $1010.00 at the time of this writing.

    Based on your questions and the potential risks involved I think it highly advisable to at least have consultation with an immigration lawyer before proceeding.

    Best of luck,

    Peter J. Loughlin, Esq.
    Goldman & Loughlin, PLLC
    4100 Corporate Sq., Suite 163
    Naples, FL 34104
    Representing Clients in All 50 States
    239-643-5529
    http://usimmigrationteam.com

    Note: The above answer is provided for informational use only and should not be construed as legal advice or legal opinion. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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  • Us citizen want to imagrate my husband

    i want to help my husband, been together for 7 yrs

    Peter’s Answer

    If your husband is currently outside the United States and, assuming he is not inadmissible*, you have some options.

    1) Consular Processing: Here you can file a petition for for him in the U.S. and thereafter have him scheduled to be interviewed at the U.S. consular office in his country or region.

    2) K-3 Visa: Here, similar to the above process, you would initiate a petition(s) by filing here in the U.S., however, in this case, your husband would be scheduled for a consular interview to obtain a non-immigrant visa to come to the U.S. were he would then file to adjust status and obtain a green card. (See #3 below) The K-3 process will typically (though not always) get the alien spouse to the U.S. more quickly.

    3) Adjustment of Status: If your husband is currently in the United States and was inspected and admitted or is eligible under INA section 245(i), you can file an adjustment of status package along with your petition. Once filed and accepted he may obtain an Employment Authorization Document to legal work while awaiting his interview and approval for lawful permanent residence.

    *You should also be aware that certain crimes, acts and illnesses may make one ineligible for lawful permanent residence -- though in some cases a waiver may be available.

    Bet of luck,

    Peter J. Loughlin, Esq.
    Goldman & Loughlin, PLLC
    4100 Corporate Sq., Suite 163
    Naples, FL 34104
    Representing Clients in All 50 States
    239-643-5529
    http://usimmigrationteam.com

    Note: The above answer is provided for informational use only and should not be construed as legal advice or legal opinion. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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  • I am an H1B Visa Holder and I want to be an immigrant what is the best thing to do?

    I just started working and just arrived in america and before entering the US my I-140 application in USCIS was approved. Do I still need the I-140?does it helps?

    Peter’s Answer

    The H1B visa permits you to live and work in the United States for up to three years and is renewable for an additional 3 years.

    Depending upon the continuing viability of the job offer relevant to the I-140 you may be eligible to adjust status to obtain a green card.

    You should have an immigration attorney review the viability of the I-140 case and to discuss your best options.

    Best of luck,

    Peter J. Loughlin, Esq.
    Goldman & Loughlin, PLLC
    4100 Corporate Sq., Suite 163
    Naples, FL 34104
    Representing Clients in All 50 States
    239-643-5529
    http://usimmigrationteam.com

    Note: The above answer is provided for informational use only and should not be construed as legal advice or legal opinion. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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  • Do I need to add a check for the fingerprinting fee with my i-130 & i-485 adjustment of status package?

    Do I need to add a check for the fingerprinting fee with my i-130 & i-485 adjustment of status package? I'm confused because it says that the immigration will contact me via mail of the date and time of my appointment to do the fingerprinting, bu...

    Peter’s Answer

    If you are filing the adjustment of status package, as you call it, including the I-130, the current fee should be $1,365.00. This includes the biometrics fees so there is no need for an additional payment.

    Once processing beings the agency will send you an appointment notice for you to appear at the nearest application support center to take your biometrics.

    Best of Luck

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