Philip Alan Eichorn's Answers

Philip Alan Eichorn
Cleveland Immigration Attorney.
Contributor Level 17

3

Attorney answers:

  1. Philip Alan Eichorn
  2. Ted Harvatin
  3. James C Forslund

My daughter lives in Columbus Ohio and has no job and no income. She got a dui 3 days ago. needs help for a attorney

Asked by a user in Lancaster, OH - 2 months ago.

If you have no money to retain private counsel, then your daughter should request an appointed attorney at her next court hearing. The court will provide her with an attorney without cost to her.

8 lawyers agreed with this answer

3

Attorney answers:

  1. Philip Alan Eichorn
  2. Thuong-Tri Nguyen
  3. Richard Adam Sichta

Marriage and immigration adjustment of status, USCIS, is immigration marriage fraud a deportable offense

Asked by a user in Jacksonville, FL - over 3 years ago.

Both parties are subject to INA §275(c), 8 U.S.C. §1325(c)--Imprisonment for up to 5 years and $250,000 fine. To convict a person under this statute the government generally must prove: (1) the person knowingly entered into a marriage; (2) the marriage was entered into for the purpose of evading a provision of the immigration laws; and (3) the person knew or had reason to know of the immigration laws. Whether or not they are prosecuted will depend on the U.S. Attorney's office in their...

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Attorney answers:

  1. Philip Alan Eichorn
  2. Joshua Daley Paulin

Immigration court procedure, what is a master hearing, alien citizenship interview

Asked by a user in Yakima, WA - over 3 years ago.

The Department of Homeland Security initiated deportation proceedings against your husband. The Notice to Appear is the charging document used to initiate the proceedings. As it was filed without a hearing date, time and place, the immigration court will issue your husband a Notice of Hearing addressing those deficiencies. If your husband changes address, it is his responsibility to notify both USCIS and the Immigration Court. If your husband fails to appear, he can be ordered deported in...

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3

Attorney answers:

  1. Philip Alan Eichorn
  2. C. C. Abbott
  3. Carl Michael Shusterman

How long does it take to get the green card after marrying a US citizen?

Asked by a user in Dallas, TX - 5 months ago.

If you were admitted (given a white I-94 card or stamped in your passport) and have not left since that entrance, you are initially eligible to adjust status. If you are otherwise eligible, your marriage is bona fide and you are not inadmissible, the preparation of the filing takes about three weeks and then it generally takes CIS about 4-6 months to complete the processing. You'll have your fingerprints taken for security check and you and your spouse will have an interview with the local...

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1

Attorney answers:

  1. Philip Alan Eichorn

When can an asylum greencard holder apply for citizenship? Can it be done from the date of gaining asylum or date of greencard?

Asked by a user in Ohio - about 3 years ago.

To be eligible for naturalization, you must meet the criteria outlined in the Immigration and Nationality Act along with the corresponding Code of Federal Regulations. The initial inquiry for eligibility is how long you have been a permanent resident. Generally, you must have been a permanent resident for five years. There are some exceptions; if you are married to a U.S. citizen or you received you permanent resident status through a VAWA petition. There is no exception for green card...

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Attorney answers:

  1. Philip Alan Eichorn
  2. David Eli Larson
  3. Carl Michael Shusterman

What happens to my application(1-90 to renew a green card) if I left two questions unanswered? How long does it take to renew GC

Asked by a user in Berrien Springs, MI - 5 months ago.

You should contact the national customer service center as the case would appear to be outside the normal processing time. While you await your card, you could make an infopass appointment and ask the CIS officer to stamp your passport or provide you with a temp I-551.

7 lawyers agreed with this answer

4

Attorney answers:

  1. Philip Alan Eichorn
  2. C. C. Abbott
  3. Carl Michael Shusterman
  4. Erena Diana Baybik Berger

Green card

Asked by a user in Fayetteville, NC - 6 months ago.

The primary fact that is missing from your question is whether or not you are a permanent resident or a U.S. citizen. If you are the latter, then I generally quote about 4-5 months in processing the I-130 for your immediate relative petition and about 8-10 weeks to secure and attend the consular interview. If you are not a U.S. citizen, then there is a wait time before your approved visa petition can be set for interview. It would be considered a preference category petition and therefore be...

7 lawyers agreed with this answer

3

Attorney answers:

  1. Philip Alan Eichorn
  2. Neil Ian Fleischer
  3. Kevin Lawrence Dixler

GREENCARD RENEWAL QUESTION PART 3 PLS HELP!

Asked by a user in Jacksonville, NC - 3 months ago.

If you entered with an immigrant visa, then you must indicate where you were planning on living upon entry. You would have indicated this on your DS 230 at the consulate. The port of entry is the place where you first entered the U.S. If you have more than five years as a lawful permanent resident, you may be eligible to become a citizen by naturalization if you choose.

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Attorney answers:

  1. Philip Alan Eichorn
  2. Christian Schmidt
  3. C. C. Abbott

I am on H1B and married to a U.S Citizen. Am I supposed to pay for I-765 form? For I-130, I have to pay $420 and for I-485 $1070

Asked by a user in Long Island City, NY - 5 months ago.

The $1,070 for the I-485 covers the I765 filing fee. You file the I-765 concurrently with the I-485.

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4

Attorney answers:

  1. Philip Alan Eichorn
  2. J Charles Ferrari
  3. Luis Alberto Guerra
  4. Alan M Lubiner

Conditional Green Card expired

Asked by a user in Dayton, OH - about 1 month ago.

There is a chance you've been ordered removed in your absence. When the conditions on permanent residence are not removed, DHS terminates the status of the alien and initiates removal proceedings. It is possible that DHS issued a Notice to Appear and you did not receive it and then the immigration judge ordered you removed in your absence. Hire a lawyer to confirm. As to the late filing an I-751, there is a method to do such. You will need to show good cause and exceptional circumstances...

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