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Peter Joseph Loughlin
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Peter Loughlin’s Answers

49 total

  • I want to find out if I am eligible to file for citizenship now.

    I have been a permanent resident since July ' 04. I made two trips in '05 , the first one lasted from June '05 - August '05 and the second one lasted for over 6 months ( Sept 05 to March 06). I believe this absence of mine has disrupted my cont...

    Peter’s Answer

    Absences from the United States of less than six months will not break in continuity of residence for naturalization purposes.

    Absence from the United States of more than six months -- but less than one year
    Only presumptively breaks the continuity of residence for naturalization purposes. This means that an you may rebut the presumption with evidence that s/he did not intend to abandon their residence for naturalization purposes. If you have a good reason for running slightly over the six months there is a good chance you will be able to show you did not intend to abandon your residence for naturalization purposes.

    If you cannot overcome the presumption you must wait 4 years and a day to apply for naturalization, or 2 years and a day if you obtained lawful permanent resident status by marriage to a U.S. citizen. (See 8 CFR 316.5(c)(1)(ii)).

    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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  • Do I need an immigration attorney?

    Manila embassy has had us in over 25 times in 7 years. Letter from vice coucel shows husband is cleared of all charges and we should get a visa. I am several years older than he seems to be problem. Now spent over $50,000.00 going to embassy and ...

    Peter’s Answer

    If your husband was given medical drugs in the course of his treatment this would not be a cause for denial. Same thing if he has been cleared of any charges that would make him inadmissable.

    In addition, while age difference is a factor that is looked upon in the decision process, a difference of only several year would not generally raise any red flags. Even age difference of 10-20+ years can be overcome by offering strong evidence of the bona fide / strong relationship.

    Having been to the Embassy over 25 times in 7 years and spending $50,000 I would say that there is something highly unusual about your case. You really do need to consult with a competent immigration lawyer to better determine the exact problems and to develop a legal strategy to overcome them.

    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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  • Divorce waiver and removal of conditional green card

    Came to US in Sept 2008 , Now have a conditional GC expires in May 2011. Wife wants divorce , can i apply for waiver and then removal of conditions? I have copies of mutual car purchase, mutual insurance cards, mutual bank a/cs and taxes. wedding ...

    Peter’s Answer

    If you ultimately get divorced you can file the waiver at any time - even before the two-year anniversary of being granted conditional permanent residence. In addition to demonstrating the bona fides ( the validity) of your marriage you will also need to demonstrate that you will suffer a hardship if removed from the United States.

    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 fiance was picked up from immigartion for a crime in 2003 and the crime was brought down to a misde what are his chances

    permanaent resident and has been on the job for 8yrs and has a 20month son has not gotten in trouble at all since then

    Peter’s Answer

    Some offenses, even misdemeanors, can cause one to be removable from the United States, even if they are lawful permanent residents. What exactly was your fiance's conviction? how long has he been a permanent resident? Any other crimes?

    It is important to know all the facts to be able to provide you with a better response. In the end, however, because of the sever consequences at stake here, my best advice is that you need to consult with an attorney familiar with the immigration consequences of crimes in your state.

    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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  • I'm a F-1 International student, what are my options to be able to keep working after OPT

    My status is F-1 student and recently got my OPT for 1 year. I graduated with an associates degree in nursing. What I'm asking is what are my options to be able to stay in the US and continue working when next year comes and my OPT expires. Wher...

    Peter’s Answer

    I agree with my esteemed colleague about possibly pursuing an H1B visa either with your existing employer or another. However I do note that you say you have a associates degree in nursing. To qualify for the H1B visa you must have a bachelors degree or its equivalent

    To learn more about H1B visas and how to qualify please take a look at the following detailed article:

    http://www.immigrationnewsradio.com/h1b-visas/h-1-b-visas-what-are-they-and-do-you-qualify

    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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  • I have a friend here in USA. He came from india 2 years back on B2 visa and he applied here on asylem status.He went for intervi

    I have a friend here in USA. He came from india 2 years back on B2 visa and he applied here on asylem status.He went for interview ,after 15 days he went to asylem office to know what they made decision but they gave him letter which says that you...

    Peter’s Answer

    From your question it appears that a final decision on your friend's case is pending with the local Asylum Office and that it has not been denied or referred to immigration court. If so, he is eligible to renew his employment authorization during the time his case remains pending,

    There are rare occasions where cases linger in a pending status for years. Your friend may wish write to the Asylum Office to request an update and/or to inquire when a decision may be expected. In the alternative he can continue to wait it out.

    If his case is ultimately denied by the Asylum Office the case would then likely be referred to an immigration judge for a hearing where you friend would be able to present evidence and testimony to obtain a new (hopefully favorable) decision on his case.

    If it is granted he should be eligible to apply for a green card after one year as a new asylee.

    Here is a link to our "Asylum Guide" for further details on asylum: http://www.usimmigrationteam.com/images/asylum_guide0510.pdf

    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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  • Do i need to find somebody join sponsor ?

    i came to united states as student visa. i am overstay my visa.so now i want to marriage with my girlfriend, she is us citizen,so she will sponsor me to adjustment of my status,unfortunately she has low income,she make 13,000 dollars a year.i coul...

    Peter’s Answer

    You must find a qualifying joint sponsor in order to proceed. The joint sponsor will need to demonstrate that he or she:

    1) Is a U.S. citizen or permanent resident - and living in the U.S (Does not need to be a family member)
    3) Earns sufficient income or has sufficient liquid assets See Form I-864P for more details - http://www.uscis.gov/files/form/i-864p.pdf
    4 ) Can demonstrate the above.

    Don't give up so easily. Keep looking for a joint sponsor

    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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  • How to terminate Asylum Case.

    I am F-1 Student. I filed for Asylum and went for interview in May. The office did could not make decision on my case and send me to immigration court instead. On my first notice the court date is on June22, but now it changed to Aug 11. My studen...

    Peter’s Answer

    If you just depart and fail to appear for your next hearing in immigration court you risk being ordered removed in absentia which will seriously affect your ability to return to the United States in the future.

    Better to file motion to effectively withdraw your asylum claim and to accordingly request to terminate the proceedings. It is highly recommended that you hire an attorney for this as there may be other issues that could adversely affect you. If you proceed without counsel (again, not recommended) be aware that any motions, correspondence to the court, etc.must also be sent in duplicate to the DHS/ICE attorney's office responsible for your case - with a certificate of service evidencing same.

    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 23yo fiance, has never paid taxes. Is she able to help me become legal in the case we get married?

    My 23yo fiance, has never paid taxes. Is she able to help me become legal in the case we get married?

    Peter’s Answer

    You will likely be able to proceed by bringing in a a qualifying joint sponsor. The joint sponsor will need to demonstrate that he or she:

    1) Is a U.S. citizen or permanent resident - and living in the U.S.
    3) Earns sufficient income or has sufficient liquid assets. See Form I-864P for more details - http://www.uscis.gov/files/form/i-864p.pdf
    4 ) Can demonstrate the above.

    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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  • I withdraw my n400 during my in terview when can i reapply for citizehship

    i withdraw my n400 during my interview because i apply 2 months before 30 months in 5 years when can i reapply again

    Peter’s Answer

    Yes, so long as you meet all other eligibility requirements.

    For general information about eligibility please check http://www.immigrationnewsradio.com/citizenship-naturalization/naturalization-guide-basic-eligibility-requirements#more-347

    Good 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.

    See question