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Peter Joseph Loughlin
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  • Applying for Naturalization but got accepted to a excellent MA program abroad

    Hi, I recently applied for my citizenship. I got my notice for biometrics but unfortunately had to reschedule the appointment. I haven't heard back for a new appointment date yet. I also need to leave the country in three weeks and I will try t...

    Peter’s Answer

    Congratulations on your acceptance to Leeds!

    So long as you are able to complete biometrics, pass the interview and naturalization exam and complete the swearing in ceremony you should not have any problems. I am assuming that you meet the physical presence and other eligibility rules, of course. Hopefully you can complete everything before you leave for the one year in the UK

    If you're not certain please take a look at: 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
    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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  • I130 gc filling for spouse

    hi i came to usa with a work visa for one year , i get married with gc holder befor my visa expired and applyied for i130 in 05/09 when i checked the processing time it is comming soon to call me but my husband is still on green card he will a...

    Peter’s Answer

    • Selected as best answer

    Even though you got married and your lawful permanent resident husband filed an I-130 for you while you were still in status, this did not provide you with a lawful means to remain or work in the United States. Unless your husband is ineligible, he should apply for citizenship as soon as possible. He may file an application 90 days prior to the 5 year anniversary of obtaining his green card status.

    Once he is naturalized you would then be able to file to adjust status as his immediate relative. Since you mentioned that he is eligible to naturalize in just 6 or 7 months (and that the processing on the I-130 is"coming soon") this seems to the better way to proceed.

    Still, you would be best advised to speak with an immigration attorney to determine your best strategy after considering the particular details of your case.

    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 I get divorce after being married to U.S citizen for five years?

    I have been married since 2005, I got my permanent resident card in 2006. I would like to know if I can get divorce and how it would affect my status. Can I still travel to Poland and back without any problems?

    Peter’s Answer

    If you've been married, cohabiting and have had a green card since 2006. I see no significant issue of marriage fraud. And, you may apply for naturalization after five years in green card status. in fact, you may file 90 days prior to the five year anniversary of the issuance of your green card.

    Traveling to Poland would not pose any problems whether you choose to remain a green card holder/lawful permanent resident or if you become naturalized. However, as a green card holder you may risk being deemed to have abandoned your green card status if you remain abroad for extended periods of time--typically over one year, but speak to an attorney if you plan to travel outside the U.S. longer than two months.

    If you become a citizen, you may generally stay abroad for long periods with no risk of losing your status.

    For further Guidance please take a look at the following articles:

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

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

    Best of luck,

    Peter J. Loughlin, Esq.
    Goldman & Loughlin, PLLC
    Representing Clients in All 50 States
    888-274-6849

    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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  • Will an F1-Visa holder, who is I-485 pending, but a soon-expired I-20 (days) stay in the US lawfully to wait for AOS decision?

    Hello, please help me answer these questions. My wife came to the US in 2008 with an F1 VISA. We got married 6 months ago and petitioned for her change of status to Lawful Permanent Resident. We had the AOS interview, but were missing some docu...

    Peter’s Answer

    So long as her adjustment of status (I-485) case is pending she may remain in the United States. She does not need the I-120 renewed in order to remain while the I-485 is pending.

    I am assuming that you have satisfactorily submitted the requested documents. If so, your decision should be coming soon. If for some reason your case is denied because you failed to submit sufficient documentation you can refile the adjustment case again if necessary,

    Best of luck,

    Peter J. Loughlin, Esq.
    Goldman & Loughlin, PLLC
    Representing Clients in All 50 States
    888-274-6849
    Visit Our Website For More Information

    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 have any chances to get a green card as self-petitioning spouse if i had fel 3D(nolle prossed)?

    i got married to us citizen and applied for the green card,but my husband refuses to go to it.my lawyer suggests to file i-360. but i have fel 3D (nolled prossed). so, i m not sure if i have any chance.

    Peter’s Answer

    Regarding your felony charge I think you mean it was "nolle prosequi", sometimes called nolle pros. This Latin term simply means that the prosecutor elected not to proceed with the case. As such you do not have a conviction against you on this charge. That said, depending upon the facts, if a USCIS officer should ask you about the particular facts and you admit to the legal "elements" of the crime, you could be found to be inadmissible - though perhaps eligible for a waiver. Other than making an admission I do not this will affect your eligibility. I am assuming however that you probably didn't commit all the elements of the crime you were originally charged with otherwise it is likely the prosecutor would have proceeded with your case.

    Now let's take a look at self petitioning. Sometimes a U.S. citizen or permanent resident spouse refuses to petition for his or her foreign national spouse in order to control and subjugate him or her. This is a recognized form of abuse and may entitle you to self petition under the Violence Against Women Act (VAWA). Relief and benefits under VAWA are available to eligible victims, male or female.

    Best of luck,

    Peter J. Loughlin, Esq.
    Goldman & Loughlin, PLLC
    Representing Clients in All 50 States
    888-274-6849
    Visit Our Website For More Information

    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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  • Someone with legal entry&approved I-130,married to Green Card but no current legal status,Can file for adjustment of status?

    Icame toUS in'04onF-1.In Jun'06,I got married&my wife had green card since Dec'04 thru fmily immig’n&but she went back to India for 22 months taking a RE-ENTRY permit for her ed’n&returned on Dc,16’06 &then on she is maintining her CONTINOUS RESID...

    Peter’s Answer

    Merely having an I-130 approved, in and of itself, does not carry with it the right to remain in the United States. It appears that your application for a change of status from H-1 to B-2 was denied because the agency deemed your H-1 status to have lapsed/terminated at the time of your request to change status. The I-130 approval was, unfortunately, not relevant in that decision.

    Based on the dates you indicated in your question, your wife returned to the U.S. and commenced accruing physical presence she should be eligible to apply for naturalization later this year. Once she is a citizen you can file to adjust status as her immediate relative. Under the current USCIS policy, failing to maintain legal status (i.e., unlawful presence) is forgiven for immediate relative applicants for adjustment of status.

    Best of luck,

    Peter J. Loughlin, Esq.
    Goldman & Loughlin, PLLC
    We Represent Clients in All 50 States
    888-274-6849
    Visit Our Website For More Information

    Note: The above answer is provided for informational use only and should not be construed as legal advice or legal opinion. Nothing here should be interpreted to suggest that one should not depart the United States in compliance with the law. 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 get the entry to us

    i have a valid green card but over stayed abroad and wanna come back....alread have applied for the reentry permit...almost 2 years ago...but got no reply or answer....so what is the best solution for me...thanks ...

    Peter’s Answer

    You mention having filed for a reentry permit almost two years ago, did you file while you where still in the United States? There is a requirement that you file for the reentry permit before leaving the United States.

    Also, exactly how long have you been outside the United States? While stays outside the U.S. for more than a year may be evidence of intent to abandon your lawful permanent residence status,not all such extended "trips" result in such a finding.

    There are two separate rules here that are often confused. One is the rule for naturalization that says trips outside the U.S. for more that one year sever the accumulation of residence to apply for naturalization. The other rule, which is relevant in your case, applies strictly to maintaining your lawful permanent residence and is used in determining whether or not one has abandoned their status.

    Unlike the test for absences of one year or more naturalization, the government will consider certain factors in considering abandonment. Therefore, 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)

    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.

    Hope this helps.

    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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  • Does my criminal record disqualify me from becoming a US citizen?

    1. I was stopped for speeding and an officer arrested me for "Reckless driving" and my lawyer at the time advised me to take probation to have the charges dismissed upon completion. I think under the probation terms, the arrest is not eligible f...

    Peter’s Answer

    I also agree that this shouldn't pose a good moral character issue and share the concern that you may have an outstanding warrant based on your question. Better to orrect the record now rather than after you file for naturalization.

    Also, please feel free to take a look at an article I wrote regarding the good moral character requirement for naturalization.
    http://www.immigrationnewsradio.com/citizenship-naturalization/naturalization-good-moral-character-requirement#more-246

    Best of Luck.
    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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  • What comes after an I-485 is is accepted?

    I just got a letter from USCIS saying that my I-485 was accepted,how long does it takes for all the process?Is it for sure that I'm getting a green card?

    Peter’s Answer

    Firstly, congratulations on completing this important step in the process of obtaining your green card.

    As you have already been told, you should shortly receive a biometrics notice to have your fingerprints taken. And, If you filed for employment authorization you should receive your Employment Authorization Document (EAD) card. within 90 days of the date your I-485 was received by the agency.

    Once you have your EAD card you may apply for a social security number if you do not already have one.

    You should also expect to be called for an initial interview where the USCIS officer will decide to grant or deny your green card. This is obviously an extremely important interview for you so it is best to be well prepared.

    Depending upon the basis of your filing for a green card (for example by marriage,or relative), you will need to bring with you to the interview certain original, government issued or certified documents. You will typically receive a notice about 30 days before the interview explaining everything you need to bring with you, but you should start now to gather documents such as birth certificates, passports, and, if applicable, marriage and divorce documents.

    If you have ever been arrested / charged with a crime (even if dismissed) you must bring with you a certified copy of the arrest / charging document(s) and certified copies of the disposition(s). If you have a criminal record you really do need to consult with an attorney.

    If your I-485 application is based upon marriage to a U.S, citizen or permanent resident, be sure to bring evidence that you live together, maintain finances together (joint bank accounts) and that you generally have traditional marriage -- social photographs of you and your wife together are also advised.

    In marriage based interviews you and your spouse may be interviewed separately so be sure that both of you are well acquainted with each other, your marital home, important family dates, family members, etc.

    Best of luck.
    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 wife is out of status beginning 6/15 according to her I-94 which is D/S. We married on 3/15/10. How can I file for her?

    My wife and I got married on 3/15/10. She is here on a J1 Visa working with Aupair comany until 6/15/10. Her I-94 states D/S in the good until field. We know that she will be "out of status" on 6/15/10 (tomorrow). What can we do to get her paperw...

    Peter’s Answer

    Firstly, congratulations on your recent marriage.
    It is in your interest to file a petition ad adjustment of status package as soon as possible. Once she files she will be in a new legal status -- Pending Lawful Permanent Resident.
    The current policy of DHS/USCIS is to forgive overstays for immediate relatives of U.S. citizens so you needn't worry about that as an issue of filing.

    Best of luck.
    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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