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Jennifer Ingersoll Peyton

Jennifer Peyton’s Answers

6 total

  • Shoplifting and ssn

    i was caught shoplifting 2 years back when i was an alien on B2 .. my case ws later nolle prosd .. i recently applied for my green card through my husband and got my SSN .. will this SSN have my shoplifting offense on it ...

    Jennifer’s Answer

    It really depends on how the "nolle prosequi" resolved your case. If the nolle meant that your criminal case was completely dismissed with no adjudication of guilt on the merits and no restrains on your liberty, then it's probably not a "conviction" that needs to be recorded as a conviction. HOWEVER, the green card application asks if you've ever been arrested - which means you must answer affirmatively when they ask if you have been arrested, convicted, indicted, (etc. etc.) for a criminal case. USCIS will want certified copies of all court documents.

    If you have further question, please have an attorney examine the state criminal laws on "nolle" and verify that this arrest will not impact your case. Not to sound obvious, but tell the truth! You have a criminal record that was resolved... you'll probably be fine as long as you tell the truth.

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  • Overstayed visa waiver, can I apply for asylum?

    Came to US on visa waiver because I was pregnant and scared of discrimination (interracial marriage) in my country. Had my baby here. Applied for extension of visa waiver, but that was denied and now i am out of status. Can I apply for asylum now ...

    Jennifer’s Answer

    Keep in mind that, as you entered visa waiver, the only remedy you have in removal proceedings (immigration court) is an application for asylum. As noted in the questions, there are different requirements to an application for asylum - including a timely filed requirement within the first year of being in the country. The USCIS website has the application for asylum and the instructions are very detailed. Read them carefully (and note, they don't address visa waiver, as that is an ever more intricate nuance of the immigration laws). The immigration laws are complicated - especially as related to visa waiver - good luck!

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  • Hello, I am married to a US Citizen, we have a baby from our marriage and my older child and I have legal permanent residency.

    My husband has been abusive throughout our marriage, which has gradually got worse. He has often told me to leave his house, although he knows I have no place to go and no relatives here in this country. I have left once before and stayed at the...

    Jennifer’s Answer

    I strongly recommend that you seek protection from a domestic violence shelter. Once you have a safe plan for yourself and your children, ideally, they can refer you to an immigration attorney or representative so that you can fix your immigration papers so that you can petition on your own, without your husband's petition/signature. You must be safe - that is the most important step. Once you are safe, seek legal advice for your immigration and domestic status. Also, be sure to mention that you called the police; perhaps there is a way to seek for criminal charges to be brought against him (based on the events leading to your recent call to the police, or based on past events - perhaps). If this could rise to a criminal cases, at times, the local prosecutor could ask the court to issue a protection order for you and your children. Bottom line - be safe, and seek assistance!

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  • Cond. gren card expired. I no money to apply remove of conditon. No money for lawyr. Husband divorced me.

    How do I stay US?

    Jennifer’s Answer

    Another way to find pro bono representation is to check the website for the local (in your case Texas) immigration courts. They are required to provide a list of free or low cost legal providers. I've attached the link to the immigration court (known as the Executive Office of Immigration Review) below. Good luck!

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  • Do I have to fill in my kids who are american citizen in the Form I-864? For my husbands biggest concern is that he would have

    to provide for them as well as for myself , if we should separate or divorce. My kids do have american citizenship

    Jennifer’s Answer

    You need to include the children as household members, assuming that they live in the same house with you and your children. If these two children are not children of your husband, then he will not necessarily be required to support them. As the children are United States citizens, there is no requirement that any person sign an affidavit of support on their behalf; the affidavit of support is used for intending immigrants.

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  • Is the affadavit of support valid even after divorce is final?

    I am a greencard holder. Married for 10 years. He signed affadavit of support, but quit his job when he filed for divorce so he didnt have to pay me anything. Can I wait until after we are divorced to file for support as stated in the affadavit of...

    Jennifer’s Answer

    I agree with my colleagues. Also, I would point out that there are specific issues in Ohio cases about the enforcement of the affidavit of support - an immigration contract - in a domestic relations setting. The affidavit of support is enforceable until the green card holder becomes a U.S. citizen, acquires sufficient social security credits, or dies. To echo the other responses, either hire a domestic attorney familiar with immigration issues, or consider two attorneys; one for the divorce and the other for immigration. Good luck!

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