Jeffrey Paul Larson’s Answers

Jeffrey Paul Larson

Minneapolis Immigration Attorney.

Contributor Level 8
  1. Help Please. Asylum

    Answered about 4 years ago.

    1. Jeffrey Paul Larson
    1 lawyer answer

    Although the Chicago Asylum Office had recently announced a concerted effort to schedule asylum interviews within weeks of receipt, often times an interview is not scheduled for several months (I had a recent case was pending 9 months before an interview was scheduled). There is no "required" time in which a case must be adjudicated. A relatively brief time has passed between the time you filed your asylum case and today therefore it cannot be assumed there is a "problem" with your case or...

    1 person marked this answer as helpful

  2. Will my US citizen wife be able to petition me after being deported?

    Answered over 4 years ago.

    1. Jeffrey Paul Larson
    2. Matthew Dabbney Pineda
    2 lawyer answers

    You may be eligible to obtain an immigrant visa, based on your marriage to a US citizen; however you may be subject to one or more bars to admission for periods as short as three years (i.e. in the US in unlawful status over between 180 days and 364 days) or as much as a permanent bar to admissibility (i.e. false claim to US citizenship). The answers to several questions can have significant bearing upon if and when you can return to the US as either an immigrant or even a nonimmigrant in the...

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  3. Can my fiance apply for a green card? and would he have to leave the US?

    Answered about 4 years ago.

    1. Jeffrey Paul Larson
    2. Stuart Jonas Reich
    2 lawyer answers

    Generally speaking, under current law if a person enters without inspection (illegally) they cannot adjust their status even if they marry a US citizen, contrary to the law existing up until April 30, 2001. Consequently, you fiance (soon to be husband) may have to leave the country to consular process to obtain an immigrant visa. Upon entry, he will be given resident status. If your fiance has accrued unlawful presence (our of status of more than one year in the US) and then voluntarily...

  4. How long can I stay in the USA after

    Answered over 4 years ago.

    1. Angela Dee Bortel
    2. Jeffrey Paul Larson
    3 lawyer answers

    The short answer to your question is, “Yes.-you may remain in the US while your adjustment application is pending.” If you reside in Minnesota, “one step” adjustment applications (adjustment based on marriage) are currently taking 8 to 10 weeks from filing to adjudication (interview for the green card). Cards are typically issue din 1 to 3 weeks after the interview. You don’t especially state, but you note that your B-2 status expired in July. Assuming you were given the “typical...

  5. Can i marry my boyfriend who is being deported?

    Answered over 4 years ago.

    1. Jeffrey Paul Larson
    2. Angela Dee Bortel
    3. Brian David Lerner
    3 lawyer answers

    You may be able to legally marry your fiancé in the US but logistically speaking, this may be difficult, if not impossible to accomplish, since specific rules of the jail where your fiancé is incarcerated will dictate if a marriage “behind bars” is allowed. Because your boyfriend overstayed a grant of voluntary departure, he should almost certainly be incarcerated until he is physically deported from the county, making it more difficult for the marriage to occur. Based on the facts...

  6. How do I proof to the Immigration officer that our marriage is real

    Answered over 4 years ago.

    1. Cynthia Beth Rosenberg
    2. Jeffrey Paul Larson
    3. Stuart Jonas Reich
    3 lawyer answers

    How one proves the bona fides o f their relationship (Latin term for "good faith” referring to genuine intentions), can be established by submission of evidence that falls into two broad categories- either financial or social/emotional. The first category, financial, refers to the comingling of financial assets. Young persons and persons living in separate countries may come up short on financial evidence, otherwise available to persons already living in a shared residence within the US,...

    2 people marked this answer as helpful

  7. If my boyfriend is married in mexico how can it affect if he gets married in the USA again?

    Answered over 4 years ago.

    1. Michael Douglas Shafer
    2. Jeffrey Paul Larson
    2 lawyer answers

    One can be legally married to only one person at a time in the United States. Your boyfriend's divorce from his current wife must be complete and final before you can be lawfully married to one another. If his current marriage is not completely dissolved when you marry one another (even if this fact is discovered at a later date), then even it “appears” you were married, in fact, you will not be married. Your fiancé or immigrant petition for your fiancé or husband, as the case may be,...

    2 people marked this answer as helpful

  8. On form I-90 part 1., what is the meaning of U.S.Mailing Address-C/O ?

    Answered over 4 years ago.

    1. Jeffrey Paul Larson
    1 lawyer answer

    The “C/O” you refer to in Part I of Form I-90 signifies, “In care Of…” The name of the owner of the home, resident of record for an apartment (whomever has their name on the lease), or legal guardian or parent of a minor are the names most often appearing in this section. The second line,directly under the "C/O," is for the residence number and street address. I’ve learned from my practice that the US Post Office (USPS) does not deliver USCIS or Immigration Court documents to my...

    2 people marked this answer as helpful

  9. Petty theft got dismissed , could I still get deported.

    Answered over 4 years ago.

    1. Scott D. Pollock
    2. Jeffrey Paul Larson
    2 lawyer answers

    The short answer to your question is that there is a petty offense exception to commission of a crime involving moral turpitude (see Immigration & Nationality Act Section 212(a)(1)(A)(ii). You could Google this citation and read the text, however it may seem "Greek" to you and is therefore advisable to consul with an immigration attorney. Whether the exception applies to you, also assumes you have no other criminal convictions (broadly defined under the immigration laws to include...

    1 person marked this answer as helpful

  10. Can LPR's petition wife who is already in the US?

    Answered over 4 years ago.

    1. Jeffrey Paul Larson
    1 lawyer answer

    1) An LPR can petition for a spouse already in the US, however, filing and even approval of an immigrant petition does not confer legal status upon the non-LPR spouse. Spouses of LPR's are subject to visa quota, meaning they must wait to adjust their status to obtain a green card). Currently spouses of LPR’s who are beneficiaries of immigrant petitions must wait approximately three years before they are eligible for resident status (this processing time varies and can be checked monthly...

    1 person marked this answer as helpful