Elias T. Xenos’s Answers

Elias T. Xenos

Birmingham Immigration Attorney.

Contributor Level 11
  1. In a bankruptcy, if assets were transfer within the last 2 years, can the transactions be reversed by the trustee or the court?

    Answered over 4 years ago.

    1. Elias T. Xenos
    2. Thomas R. Morris
    3. Dorothy G Bunce
    4. Mitchell Reed Sussman
    4 lawyer answers

    Yes. Under Section 548 of the Bankruptcy Code, a trustee or debtor in possession may avoid any transfer of the debtor’s interest in property or obligation of the debtor that was made or incurred on or within one year before the date of the filing of the bankruptcy petition in the event of fraud. However, As an alternative to proceeding under Section 548 of the Bankruptcy Code, the Trustee also has the power, under Section 544(b) of the Bankruptcy Code, to avoid any transfer voidable under...

  2. My brother can become legal?if he overstayed his visa for 20 years.

    Answered over 4 years ago.

    1. Andrea W. Kelly
    2. Isaul Verdin
    3. Elias T. Xenos
    3 lawyer answers

    He might be eligible for a form of relief called "cancellation of removal." Pursuant to INA §240A(b), cancellation is available to a non-permanent resident of the United States in any immigration status who-- 1) Has continuously resided in the United States for at least ten years; and 2) Has been a person of good moral character throughout this time; and 3) Is not otherwise subject to criminal bars arising from a conviction of any crime outlined in INA §212(a)(2), §237(a)(2), or §237(a)(3)...

    1 person marked this answer as helpful

  3. My friend can get deported for three arrest that happened over 20 years ago?

    Answered over 4 years ago.

    1. Alan James Brinkmeier
    2. Elias T. Xenos
    3. Nicklaus James Misiti
    3 lawyer answers

    Your friend can be placed into removal proceedings. A noncitizen is removable if convicted of an offense related to a controlled substance, other than a single offense involving possession for his own use of thirty grams or less of marijuana. Time to talk to a lawyer.

  4. How can my husband qualify for voluntary deportation and then file for a resident card

    Answered over 4 years ago.

    1. Elias T. Xenos
    2. Andrea W. Kelly
    3. Scott D. Pollock
    3 lawyer answers

    If your husband requests voluntary departure at his master calendar hearing as the only form of relief, he may not request any other form of relief, must concede removability, and must waive his right to appeal the decision.

  5. I won my case in immigration case but prosecutor appealed, now the BIA decision was that my case was sustained what does it mean

    Answered over 4 years ago.

    1. Elias T. Xenos
    1 lawyer answer

    Sustained generally means that the lower court decision was upheld. That means you won the appeal; the prosecutor lost.