Barry Jason McWhirter’s Answers

Barry Jason McWhirter

Memphis Immigration Attorney.

Contributor Level 8
  1. What do I need to answr on the question 28 of the form N-400

    Answered about 4 years ago.

    1. Barry Jason McWhirter
    2. Ekaette Patty-Anne Eddings
    2 lawyer answers

    You need to answer "yes" you applied for relief from removal, exclusion or deportation. Although you may not have realized it, it sounds like you applied for Cancellation of Removal as relief from removal. Do you have a copy of the immigration judge's order granting you Cancellation of Removal? If so, either send a copy along with your petition or take it to your interview with you. That will give the naturalization officer a comfort level in understanding what occurred during your removal...

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  2. What will happen if my father's citizenship interview failed?

    Answered over 3 years ago.

    1. Carl Michael Shusterman
    2. Lynne Rogers Feldman
    3. Barry Jason McWhirter
    3 lawyer answers

    Unfortunately for your father, travel to the country of claimed persecution may result in the loss of asylee or lawful permanent resident status. Asylum may be terminted based on a fundamental change in circumstances, fraud, lack of a genuine fear of persecution, or because the asylee or LPR voluntarily availed himself or herself of the home country's protection. There is a very real chance that because of the multiple visits to his original country, USCIS may believe that the above grounds...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. What will happen?

    Answered about 4 years ago.

    1. Sophie Marie Alcorn
    2. Barry Jason McWhirter
    2 lawyer answers

    In order to become a U.S.citizen, you will need to establish that you have five years of "good moral character" for the five years immediately before the date that you file your naturalization application. Even though your shoplifting conviction is a misdemeanor, it is still a criminal conviction that USCIS will count against you in determining whether you have established "good moral character." Also, you need to know that many permant residents who apply for citizenship are placed in...

    1 lawyer agreed with this answer

  4. Will omission of arrest due to a lawyer mistake deny my citizenship ?

    Answered over 3 years ago.

    1. Carl Michael Shusterman
    2. Barry Jason McWhirter
    3. Shiva Pal Gill
    4. Lynne Rogers Feldman
    4 lawyer answers

    You should be okay as long as you disclose the arrest on the N-400 and at the interview. If they ask you about the discrepancy between the N-400 and the admustment application, just explain what you just did - that you relied on your lawyer and did not scrutinize the application as thoroughly as you should have. USCIS will probably accept that as an explanation for the first omission, but don't make the same mistake again. Remember, whether you use a lawyer or not, when you sign the N-400,...

    1 person marked this answer as helpful

  5. Can someone be removed from the country for overstaying his visa while his I 140 and I 485 is pending under section 245 i ?

    Answered about 3 years ago.

    1. Lisa Monique Okoh-Brown
    2. Barry Jason McWhirter
    3. Paul Choquette
    4. J Charles Ferrari
    5. Jeffrey Adam Devore
    6. ···
    6 lawyer answers

    I agree that you can only adjust status under the I-140 if your priority date is current and the employer is still your sponsor. If your priority date is current and the employer is willing to sponsor you, then, yes, you will be able to adjust status and should not be removed from teh country. If the priority date on the I-140 is not current or the employer is no longer willing to sponsor you, however, you still qualify for 245(i), therfore, you need to speak with an immigration attorney...

  6. Can you get a green card if you have been married a while without your spouse help

    Answered about 3 years ago.

    1. Lisa Monique Okoh-Brown
    2. J Charles Ferrari
    3. Barry Jason McWhirter
    4. Lynne Rogers Feldman
    4 lawyer answers

    You can't "self-petition" unless you are the victim of domestic violence. Therefore, your spouse will have to file the petition for you. The income is not a problem, however. You are allowed to use your income as part of the affidavit of support, so the fact that you are the primary financial support for the family and your spouse doesn't qualify as the sponsor on the affidavit of support, does not create a problem for you.

  7. What can happen if you cause an accident?

    Answered about 3 years ago.

    1. Cynthia Russell Henley
    2. Barry Jason McWhirter
    3. Eric Vaughn Traut
    4. Lars A. Lundeen
    4 lawyer answers

    If you are found to be at fault for the accident, then you are responsible for their medical expenses, property damage, lost wages, pain and suffering,etc. If you have insurance, then the insurance company will be responsible for hiring an attorney to defend you and paying the above up to policy limits. Make sure you comply with your insurance policy's notification requirements. If you don't the insurance company may claim that because of your failure to timely notify it you don't have coverage...

  8. Convicted of petty theft 4 yr back. I was fined ($150) with no jail.Completed probation.Expungement done. can i get citinzenship

    Answered about 3 years ago.

    1. Isileli Tupou Manaia Mataele
    2. Barry Jason McWhirter
    2 lawyer answers

    It sounds like it will be denied at this time, but you should be able to get it later provided that you do not have any additional criminal convictions in your background. One of the requirements to obtain citizenship is that you establish 5 years of good moral character for the 5 years immediately proceeding the filing of your application for citizenship. USCIS takes the position that if you have been convicted of ANY crime during that 5 year period, then you can't establish good moral...

  9. How long does it take to get a notice that i-589 form was received by USCIS cnter?

    Answered about 3 years ago.

    1. Shah Iqbal Nawaaz Peerally
    2. Barry Jason McWhirter
    2 lawyer answers

    It is usually 3 to 4 weeks. You should be getting it any day now. If you don't, just give them a call.

  10. My fiance has been in the states since 3. He got in trouble at 17? Was deported. He was caught trying to come back.

    Answered about 3 years ago.

    1. Lisa Monique Okoh-Brown
    2. J Charles Ferrari
    3. Barry Jason McWhirter
    3 lawyer answers

    Yes, that is a pretty common situation. You can still get married and file for him, but it is going to be a lengthy and complex process to get him legal and they may deny the case in the end. I wish you the best of luck.