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Philip Alan Eichorn

Philip Eichorn’s Answers

4,511 total


  • How would Obama's new executive order affect those who are living in the US and have a 10 year bar under 9(c).

    My husband is excluded under 9(c), I submitted the application to adjust his status in 2001, but never followed up as I was advices by an attorney not to because he would be detained and deported... I know is too soon to know all the details but.....

    Philip’s Answer

    I'd recommend obtaining all of the files the government currently possesses on your husband and start fresh. There have been many shifts in the law since 2001 and before and a fresh perspective might provide new solutions.

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  • Extend Deferred Action to Parents of U.S. Citizen...do I qualify? I meet the following except current residence in the US.

    (i) are not removal priorities under our new policy, (ii) have been in this country at least 5 years, (iii) have children who on the date of this announcement are U.S. citizens or lawful permanent residents, and (iv) present no other factors that ...

    Philip’s Answer

    You have to be physically present in the U.S. on 11/20/14. Based on your submission, you would not qualify.

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  • Would I need to be in F-1 status and work on my OPT or I can just wait for my marriage based green card interview?

    I'm currently an F-1 student. 4 months ago I got married to US citizen. Last month we applied for the marigage based green card at Chicago locaton at NCS. Our application inlcudedI-130, I-485, I-765 etc. I have my biometric appointment next week ...

    Philip’s Answer

    If you did everything correctly with your AoS application, you should have your green card by the end of January. This would moot the need for OPT.

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  • Immigration reform

    Does Obama's immigration reform applicable to foreigners who have been here for over 5yrs but are not married and have no kids?

    Philip’s Answer

    You might look at whether or not you're eligible for DACA. Otherwise and assuming you have no criminal history, it appears the only "benefit" is that you are not currently an enforcement priority.

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  • With the new immigration relief programs can one travel internationally

    When one is approved for any of the programs, is it possible to obtain a visa?

    Philip’s Answer

    The government has issued advanced parole documents for beneficiaries of DACA. Advanced parole does allow foreign nationals to depart (although in the case of ULP it is not considered a departure) and return. It is logical that they would issue advanced parole documents for beneficiaries of DAP. Whether a person independently qualifies for a visa is subject to determination based on their facts. Talk with an immigration attorney about the above.

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  • My fiance is being prosecuted for re entry and Obama has just released his executive order on immigration can he stay?

    We have three children together over the last 18 years. He was deported for several misdemeanors that are over 10 years ago. He had an alcohol problem for years, stemming from a childhood he had to endure in Mexico. He has not been in trouble wi...

    Philip’s Answer

    Unfortunately for you and your kids your fiance's case is not eligible for any of the announced reforms. What is critical is that you use all of your resources to defend the illegal reentry case. The primary mode of defending these types of cases is to attack the underlying removal order. I'm sure your fiance's lawyer is addressing this but if not please raise it. If your fiance does not have a lawyer, now is the time to hire one.

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  • Hi, us immigration denied my i751 wavier based on 204c. will new immigration reform stop me from being deported?

    i have 2 US born kids .pls help

    Philip’s Answer

    Its possible. However there is some language about deferred action being granted on a case-by-case basis and in the discretion of DHS. What concerns me is that DHS may take a course of action of denying your application because of the fraud. My best recommendation is to retain counsel and fight the fraud charges first and with everything you possibly can muster. Then and if you are unsuccessful and depending on the circumstances, you may be eligible for a waiver pursuant to INA 237(a)(1)(H) and you should explore this with your lawyer.

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  • Provisional waivers

    Are there any new changes to the provisional waivers. My husband has a previous deportation 1999 and a assault charge in 2003. Can he apply for a permenat bar waiver? I am a us citizen.

    Philip’s Answer

    • Selected as best answer

    Provisional waivers are for people who are present in the U.S. and are only inadmissible for having been unlawfully present. The waivers do not cure prior removal orders or criminal matters. However, you should look into reopening the prior removal case as that would possibly allow your husband to obtain proper status.

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  • Can any lawyer help me on the case? can we apply for asylam with proper reason? chances to get a asylam on this point?

    my relative is in illinois.he lives in usa since 2004. 2 years ago, illinois state gov. arrest him and gives 20000$ bonds. after 1 year, my relative won the case in supreme court. my relative is illegal in usa. criminal case are(without guilty) o...

    Philip’s Answer

    There is a lot of information flowing in your factual presentation and in cases where there is a cross over of criminal, immigration and multiple family members, it is better to resolve the issues either by phone, by direct email or in person with your lawyer. Answering on a message board for a complex matter like yours is not the best mode of communication. Please contact counsel as soon as possible.

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  • 1.5 year break in stay and US citizen brother and executive order of president and green card application for father

    I was in US from 1999 to 2013 march legally using several visas. From March 2013 to Sept 2014 I was outside due to family reasons (my mother was sick and passed away) and took a position for 3 months in home country. From Sept 2014 I am on student...

    Philip’s Answer

    If you're on a student visa and you're attending school, you are in lawful status. You don't need any of the announced benefits. One of the benefits that might attach to your father is the pre-registration for backlogged employment based adjustment cases. Your father should discuss this with counsel. If it does assist him in obtaining status faster, then it will assist you as he'll then be able to file for you sooner.

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