Philip Alan Eichorn’s Answers

Philip Alan Eichorn

Cleveland Immigration Attorney.

Contributor Level 19
  1. URGENT: Re-entry to the Continental US from the US Virgin Islands for a Canadian in readjustment/Greencard application status?

    Answered 11 months ago.

    1. Alexander Joseph Segal
    2. Wendy Rebecca Barlow
    3. Philip Alan Eichorn
    4. Stefanie Y Parchment
    5. Lena Korial-Yonan
    6. ···
    7 lawyer answers

    Your lawyer must have a reason for advising your wife not to depart. That reason is not present in your fact pattern. In general, an adjustment applicant may depart and return while that application is pending but can only do so with a granted advanced parole document (physically in hand). Discuss again with your lawyer before departing and ensure you have that document. If your manner of travel gets re-routed to another country, then you will be considered to have made a departure.

    15 lawyers agreed with this answer

  2. If my girlfriend got convicted for DUI. Will she get deported. She is a permanent resident

    Answered about 1 year ago.

    1. Irina Alexander Vinogradsky
    2. Irene Vaisman
    3. Philip Alan Eichorn
    4. Samuel Patrick Ouya Maina
    5. Robert Louis Brown
    6. ···
    7 lawyer answers

    If this is her first offense, local ICE is not deporting such cases. However, it will impact her naturalization so retain an experienced criminal immigration lawyer.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. My spouse married me for green card, I realized the fraud, so I filed for divorce after 2 weeks but can I screw him up this way

    Answered about 1 year ago.

    1. Kyndra L. Mulder
    2. Dean P Murray
    3. Philip Alan Eichorn
    4. Madanmohan Singh Ahluwalia
    4 lawyer answers

    Talk with a lawyer before you take any action. Preserve your rights.

    12 lawyers agreed with this answer

  4. Change of Status

    Answered about 1 year ago.

    1. Alexander Joseph Segal
    2. Veronica Tunitsky
    3. Harry Asatrian
    4. Eric M. Mark
    5. Samuel Patrick Ouya Maina
    6. ···
    6 lawyer answers

    Unlawful presence is an issue. The underlying basis for the I485 denial is also an issue. You may want to contest the denial in removal proceedings to protect your record.

    12 lawyers agreed with this answer

  5. I got deported becouse of a DUI in 2008. Is there any chance to get a new visa?

    Answered about 1 year ago.

    1. Michael Korry Bialys
    2. Jose Antonio Moreno
    3. F. J. Capriotti III
    4. Philip Alan Eichorn
    5. David Philip Shapiro
    5 lawyer answers

    If you have an in absentia order of removal, that needs to be resolved first. Retain counsel to obtain your immigration court file and analyze it accordingly. As well, you need to get a copy of your CBP file for that analysis. Do not enter the U.S. until your history is clarified and either the removal process is reopened and you are issued a parole document or you have an approved I-212 and a visa issued to you.

    12 lawyers agreed with this answer

  6. What is unlawfull presence .immigration

    Answered over 2 years ago.

    1. Carl Michael Shusterman
    2. Shah Iqbal Nawaaz Peerally
    3. Otis Carl Landerholm
    4. Philip Alan Eichorn
    4 lawyer answers

    If you are physically present in the U.S. and do not have immigration status then you are accruing unlawful presence. There are a couple of exceptions and one of them is while an asylum case is pending and if you file an adjustment of status case.

    12 lawyers agreed with this answer

  7. Arrested for solicitation of prostitution

    Answered over 1 year ago.

    1. Philip Alan Eichorn
    2. Sharon L. Ames
    3. James Regan
    4. Charles K. Kenyon Jr.
    5. David N Shomloo
    5 lawyer answers

    First, don't rely on message boards for your answers. Hire a lawyer who practices both criminal and immigration law and understands the interaction between them. Most criminal lawyers do not know the issues presented when dealing with foreign national cases and the even the best attorneys seek affirmation of their thought processes regarding immigration. Solicitation is only the charge and not necessarily the outcome. No one on the board can answer the first question because we don't have...

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  8. Immigration reform bill and immediate family

    Answered about 1 year ago.

    1. Philip Alan Eichorn
    2. Sarah E. Blackwell
    3. Alexander Joseph Segal
    4. Michael Christian Urbina-Pabon
    5. Danny Garmo
    5 lawyer answers

    Immediate relatives are currently defined as parents, spouses and children under the age of 21. We have not yet seen a draft of the bill that will be proposed so it is too soon to speculate.

    11 lawyers agreed with this answer

  9. Divorce after one year of the 10 years green card.

    Answered about 1 year ago.

    1. Robert Louis Brown
    2. Philip Alan Eichorn
    3. Alexander Joseph Segal
    4. Andrew Marino Bramante
    5. J Charles Ferrari
    5 lawyer answers

    During a naturalization application and process, USCIS routinely re-adjudicates all prior procedures to ensure they comply. See INA 318. USCIS will look at the timing of the divorce and when the applicant obtained their LPR status and decide if further review is needed. Based on recent experiences in both Cincinnati and Columbus and Louisville, divorce within one year of the persons LPR grant does trigger an inquiry. You should be prepared with appropriate evidence to support your position...

    9 lawyers agreed with this answer

  10. 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

    Answered about 2 years ago.

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

    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.

    9 lawyers agreed with this answer