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Peter Joseph Loughlin
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Peter Loughlin’s Answers

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  • If I withdraw the sponsor of green card, will my relative will get notified?

    I have filed i-130 petition for the relative and now I really concerns about the financial burden her whole family will put on us. So I changed the mind and want to withdraw the sponsorship. If I withdraw the sponsor of the green card, will my rel...

    Peter’s Answer

    Whether they are notified immediately or not is difficult to say. Dependent upon which stage the application is in It is possible a denial notice will be sent to the beneficiaries stating the reason -- in this case, that the I-130 petition was withdrawn. On the other hand such notice may be long after you withdraw your petition.

    At some point, however they will, of course,l learn of the withdrawal.

    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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  • Can you travel in the us when you are out on immigration bond???

    hello i was wonderin if you can travel around in the us when your out on immigration bail.. i know u cant travel around the world but can my friend come visit me?? and he is out on imiigration bond rite now??

    Peter’s Answer

    Generally your friend should be able to travel within the United States without restriction. That said, be sure that there were no specific restrictions placed on his release. For example, in some cases aliens may be under a restrictive supervision order. If this is the case case with your friend, he'll want to be sure to be in full compliance with the specifics of that order.

    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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  • How can I change my status from J1 to B2 in Anchorage? And how much it cost?

    I have J1 visa status until 5 of September!

    Peter’s Answer

    In order to be considered you must file while you're currently in status. In addition, you must provide evidence that you have a valid tourist intent -- in the form of a written statement explaining your itinerary and plans to visit places, people, etc. You should also include evidence of your ability to financially support your stay, (for example, copy of your back statements, affidavits of support form third parties, etc.) and provide evidence of your ties to your home country. Your written statement should also include that you fully intend to return to your home country when your authorized stay is complete.

    Although requests to change from J-1 status to B2 are quite common, it is important to file a well documented application. The more supporting evidence the better. You will need to file for a change of status using form I-539. The USCIS application fee is currently $300. You should consult with an immigration lawyer for more specific details about your circumstances.

    Best of luck,

    Peter J. Loughlin, Esq.
    Goldman and Loughlin, PLLC
    400 Corporate Sq., Suite 163
    Naples, FL 34104
    239-643-5529 - Free Consultation

    Notice: The above response is for information purposes only and should not be construed as legal advice or legal opinion for anyone on any specific facts or circumstances.

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  • I made a mistake in my n400 appilcation and dident mention my travell out of usa 6 years age by mistake what should i do

    i am a permement residence for 6 years but i forget to write my first travell out of the usa in n400 application by mistake and i mentioned only all travells in the past five years what should i do now

    Peter’s Answer

    While most of the questions on the N-400 form focus on the past five years, there is one question at Part 7 that asks about any trips outside the United States in excess of 24 hours.

    As such, I think you made an innocent mistake here. You can send a certified letter to USCIS explaining your mistake. Bring a copy of the letter and the certified receipt with you to the interview. When you appear at the interview, explain the mistake you made and offer the letter of explanation to the officer. Again, it seems to me that your mistake was quite innocent and the officer is likely to be reasonable in light of this.

    One thing you need to consider is whether or not your absences from the US were for long periods of time such that you may be deemed to have abandoned your green card status, If you were away for near a year or more the the officer may inquire further. If, on the other hand, your absences were for short time periods, I don't think you have much to be worried about.

    He is a link to a a couple of articles on this topic to provide further information:

    1) http://usimmigrationteam.com/Abandoning-Your-Green-Card-Status.htm

    2) http://usimmigrationteam.com/Naturalization-Guide.htm

    Best of luck,

    Peter J. Loughlin, Esq.
    Goldman and Loughlin, PLLC
    400 Corporate Sq., Suite 163
    Naples, FL 34104
    239-643-5529 - Free Consultation

    Notice: The above response is for information purposes only and should not be construed as legal advice or legal opinion for anyone on any specific facts or circumstances.

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  • Rentry permit

    if i was living in connecticut, can i apply for a rentry permit anywhere in the the usa even florida

    Peter’s Answer

    For purposes of answering this question I am assuming that you are currently a lawful permanent resident. If so you can file the requisite application for the reentry permit from anywhere in the country.But the key is that it must be file while you are actually in the United States. You will, however, likely be called to appear for a biometrics appointment in the U.S.

    Reentry permits are typically applied for where a lawful permanent resident (i.e., green card holder) intends to be abroad for an extended period of time, up to two years.

    While obtaining a reentry permit is not an absolute guaranty that you will not be challenged with abandonment of permanent residence, but rather makes it less likely. You should always be prepared to demonstrate as many of the factors described above should you be faced with defending your green card status. With this in mind, if you intend to make a trip outside the U.S. in excess of one year, it is advisable you consider obtaining a reentry permit. A reentry permit may be obtained by filing form I-131, however, as I pointed out above, you must file while actually physically present in the U.S. The permit itself, which is valid for two years, may actually be picked up abroad at a consular office.

    Finally, it is also important to note that your time outside the U.S. while in possession of a reentry permit will not be credited a physical presence time in the U.S. for purposes of naturalization an U.S. citizenship.

    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 - Free Consultation
    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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  • Minimum required time in US for green card holders

    My wife and I are trying to find out what is the minimum amount of time a green card holder must spend in the USA. She has been a green card holder for over 15 years. We maintain a home there, pay taxes, 20 years now. Have a car, pay exorbitan...

    Peter’s Answer

    I believe the core question you are asking is "can your wife lose your green card privileges?" The answer is, unfortunately, possibly yes.

    Your wife's green card was issued to allow her to live and work in the United States. The government's position is that a green card is not to be used as an enhanced tourist visa. It is not uncommon for green card holders to return to their county (or other countries) for a visit, staying longer than planned—and end up losing their green card privileges.

    Typically a green card holder who has been abroad for more than a year may face questioning by an immigration officer when returning to the U.S. The answers to those questions may lead to immigration removal proceedings on the grounds of having abandoned their permanent residence status.

    It is important to remember that as a permanent resident, you must actually intend to live and work in the U.S. Knowing this it is important not to remain outside the U.S. for extended periods of time and risking the government’s concluding your intending to abandoning you lawful permanent residence status.

    How Long an Absence is Too Long?
    Unfortunately there is no clear cut answer. Many people believe staying outside the country for one year will trigger issues of abandonment of their green card, but this is not actually true. The law does not in fact specify a particular period of absence. While it is true that the one year rule is a good benchmark, it is important to understand that one’s absence from the U.S. for less than one year may lead to a finding of abandonment while another's absence of more than one year may not.

    The reason for this is that the law actually looks to one’s intent rather than a specific period of absence. That said, an absence of one year or more would certainly be a factor in considering whether or not a green card holder had the intent to abandon his or her permanent residence status. The key to avoiding or prevailing on the abandonment issues then turns to establishing that the absence was for a temporary visit only and that there was no intent to abandon lawful permanent residence status. The actual time spent abroad is but one factor, albeit an important one, in determining one’s intent.

    Factors in Determining Abandonment of One’s Green Card
    In avoiding and/or defending a charge of abandonment of green card privileges, it then becomes important to know some factors the government will consider in determining one’s intention:

    *
    Temporary Purpose of Trip Abroad
    *
    Employment
    *
    Family Ties in the U.S.
    *
    Maintaining a Home in the U.S
    *
    Financial Ties in the U.S. (.e.g., bank account, real property)

    You wife may wish to become a US citizen if and when she is eligible to help avoid these problems. You may also be interested in the following:

    http://usimmigrationteam.com/Naturalization-Guide.htm

    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 - Free Consulation
    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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  • Can I withdraw sponcership and have now wife and daughter deported

    brought them here in Nov. of 2008 thru K-1 Fiance Visa. We married, wife has temporary green card, daughter does not, marriage has gone very bad. Intend to divorce her.

    Peter’s Answer

    I assume you are referring to your financial sponsorship in connection with the Affidavit of Support (i.e., Form I-864) you filled on her behalf when she was applying for her green card. If so, you may not withdraw this financial obligation.

    Even divorce will not sever this responsibility. You signed the affidavit agreeing to support her so that she would not become a public charge for a period of 10 years or until she becomes a citizen, whichever is sooner.

    Certainly you may file for divorce if the marriage is not working out, but your financial obligation under the affidavit of support remains. Still, so long as she can and is supporting herself it is not likely that your obligation will be triggered and/or enforced.

    You should also be aware that If you do get divorced your wife may apply for a waiver of Form I-751 and remove the conditions to her "temporary" green card "if "she can satisfy the USCIS examiner that the marriages was in fact bona fide but later failed.

    I hope all works out well for you and your family.

    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 - Free Consultation
    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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  • Expired I-94 and did not process for adjustment of status as a fiancee visa for 3 years in u.s.

    is it still ok, to change my status to permanent residency even though it is late.

    Peter’s Answer

    I need a little more information in order to better answer your question.

    Did you marry your fiance within 90 days of entering the United states?

    If so, are you still married to the same individual?

    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 - Fee Consultation
    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
    FEEL FREE TO CALL MY OFFICE AT 239-643-5529

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  • My friend is on immigration hold due to been arrested with a DUI

    i dont know waht to do i called the jail where she is at and they told me to she been hold due to been arrested with a DUI i dont know what the laws are here in oregon so i dont know what to do and she got arrested on a saturday so i cant see he...

    Peter’s Answer

    Where a person has no lawful immigrations status and they are arrested, even on a non-immigration related crime, they may be held on an "immigration Hold" for the purpose of turning the person over to ICE custody once the state issues are resolved.

    It is important to determine if your friend has any relief from being removed from the United States and/or if they are eligible to be released on bond while the immigration court proceedings are underway. For example, if she entered illegally more than ten years ago and has remained here with no serious crimes or been in immigration court proceedings, she may be eligible for Cancellation of removal—which would allow her to remain in the US legally and to obtain a green card. Every case is different, however, and depending upon your friends past history with the immigration authorities she may be subject to expedited removal where she could be removed / deported without a new hearing. It is therefore important to act quickly.

    In my opinion your friend needs an immigration lawyer ASAP in order to best determine her options. In some cases it may even be possible to have her released before she is turned over to ICE.

    I wish you and your friend the very 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 -- FREE CONSULTATION
    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
    FEEL FREE TO CALL MY OFFICE AT 239-643-5529

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  • On form g-325A Biographic info. what is put in for File number, and for Alien registration number boxes?

    uscis does not want to advise me at all an what to put inside box about file number, and inside box asking about alien registration number. Is alien registration number wanting a mexican social security number or the registrtaion number given to a...

    Peter’s Answer

    The Alien number that DHS issues to persons with immigration cases that have been filed. In many cases if you have had no previous filings with DHS you probably were never issued an Alien Number (sometimes called an A#). If so, just write "NONE" in the box.

    Same thing with the box for Social Security Numbers. If you have never been issued a valid U.S. Social Security Number, just write "NONE" in the box.

    Do not use your Mexican ID numbers for these boxes.

    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
    PLEASE RESPOND TO THIS EMAIL ONLY OR FEEL FREE TO CALL MY OFFICE AT 239-643-5529

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