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Jennifer Lynn Bennett

Jennifer Bennett’s Answers

138 total


  • I AM FILING I-130 FOR MY ALIEN SPOUSE I HAVE QUESTION PLEASE ADVISE

    MY spouse was a F4 derivative beneficiary so there is a question in i-130 " HAS YOUR RELETIVE EVER BEEN IMMIGRATION PROCEEDING? YES, NO so if i said yes then what i do,,,should i need attach separate page for explanation . ???

    Jennifer’s Answer

    As my colleagues have explained, "proceedings" refers to Immigration Court. Has your relative ever been in Immigration Court, ever been before an Immigration Judge, or ever been ordered removed or deported? If so, you must answer yes. If not, you should answer no. The fact that spouse was an F4 derivative beneficiary in and of itself doesn't have anything to do with proceedings--it just means that he/she has applied for immigration benefits before. If you have any doubt about how to answer, please see an experienced immigration attorney. It's far more costly if the process goes wrong than it is just to consult with an attorney beforehand to be sure you are doing it correctly. Best of luck!

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  • My husband got his paper though la mestaya in 1987,and lost his paper in 1992 we went to Albuquerque, nm and could get them..

    live in santa fe, nm can contact us at 5053166814 please send us information to where we need to goto get his paperS his has a IA NUMBER WE send letters and never got a response his never gotten in trouble and we have a very sick daughter...

    Jennifer’s Answer

    As my colleague has suggested, you should consult with an experienced immigration attorney who can assist you in preparing and submitting what is known as a "FOIA" (Freedom of Information Act) request to obtain a copy of your file from the appropriate agency of the US government. Upon obtaining a copy of your file, an experienced immigration attorney can then help you to figure out if you currently have legal status, if you need to renew your legal status, or if there are any other options available to you. Please keep in mind that submitting a FOIA request can be frustrating because you will need to wait for quite a while for a response from the government. It is the only guaranteed way of obtaining copies of any papers from your file from immigration. Good luck!

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  • Is there a waiver you can file for if you came to the country illegal ?

    i am one of the 11 million undocumented people in the united states and i have a fiance and a 2 year old daughter and they are both united states citizens.. and we are getting married next month... but she struggles with the bills when i don't hav...

    Jennifer’s Answer

    Just as my colleagues have pointed out, you would be barred from admission into the US for 10 years--however, the waiver you would apply for to overcome this problem is a request for the US government to waive the 10 year bar against you. You note that your US citizen child and fiance would suffer if you were forced to remain aboard. However, please keep in mind that you must prove that a qualifying relative, as defined by the new waiver law, would suffer extreme hardship if you were deported or forced to return to your home country. The standard to prove extreme hardship is very a very high burden and must be above and beyond ordinary hardship. Waivers can be tricky and difficult, so I highly recommend consulting with an experienced immigration attorney before trying the process. Also, you do not mention your age, but you say that you are working under the table--you may also want to consult with an immigration attorney to see if would qualify for the Deferred Action for Childhood Arrivals (DACA) program under which you could obtain an employment authorization card to work, a SSN, and a Driver's License in IL. Good luck to you!

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  • Provisional Waiver Process: What does the process look like & for how long are qualifying applicants expected to leave the U.S?

    I'm a 25 year-old Mexican woman. I entered the U.S. without inspection when I was 3 years old. I've lived in Chicago since; have not left the country; no criminal record. Family members have never petitioned for me. I obtained my Associates De...

    Jennifer’s Answer

    Under the new provisional waiver process, once your waiver is granted, you will be required to return to Mexico to complete the process via consular processing, as you seem to already be aware. However, since the new provisional (also known as "stateside") waiver law just took effect on March 4th, enough time has not yet passed for anyone to have made their way through the entire process. Therefore, we don't really know just yet how long applicant's will need to expect to remain aboard. Your post does not mention any hardship--keep in mind that you must prove that your US citizen spouse, or a qualifying relative, under the law, will suffer extreme hardship if you were to be forced to return to Mexico. The extreme hardship test requires a very high standard of proof and is very tough to prove successfully. The waivers can be difficult, so I highly recommend that you consult with an experienced immigration attorney when you are ready to move forward with the process. Best of luck to you!

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  • Immigration Reform: What is the latest news? When will the bipartisan "Gang of Eight" unveil their proposals?

    I'm a 25 year-old Mexican woman. I entered the U.S. without inspection when I was 3 years old. I've lived in Chicago since; have not left the country; no criminal record. Family members have never petitioned for me. I obtained my Associates De...

    Jennifer’s Answer

    I recommend consulting with a local attorney to discuss your case in greater detail. Based only on what you have written here, it is hard to say whether you should wait or not since we don't know if the reform will pass and/or, if it passes, exactly what it will say. An experienced immigration attorney would be able to ask you additional questions and look at more specific facts of your case to determine which may truly be the best option for you. It seems straightforward, but oftentimes minuute details can make all the difference in the best option for you. Many local immigration attorneys offer free consultations. Good luck!

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  • I need informations for asylum because I'm in process of removal

    I apply for asylum after 2 , 5 years of illegal status but i came on J - 1 visa legally , I'm still without decision of immigration because they said i didn't apply in a first year and now I'm waiting the individual court date which is May 2014...

    Jennifer’s Answer

    Do you currently have an attorney or did you have an attorney with you the first time you went to court? Have you actually filled out and filed your asylum application with the court already? Asylum cases are very tough, and nearly impossible to win on your own. I strongly encourage you to consult with an experienced immigration attorney to discuss your case in depth. I also encourage you to do so sooner rather than later, so that if you decide to hire an attorney, the attorney will have enough time to work with you and prepare your case--these types of cases take alot of work and a long time to prepare. Best of luck to you.

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  • Working on extended OPT for a company which is refusing to do HOB after verbally promising the same 6 months ago .

    extended OPT expires on Nov 1st 2013 1 visa expires on Nov 6th 2013 ( Since it is close to April 1st filing deadline - many companies are refusing to consider me as a candidate , I would like to know what are my options )

    Jennifer’s Answer

    As my colleague has stated, there are not enough facts to be able to answer your question. Sounds like in the interest of time, you should consult with an experienced immigration attorney as soon as possible to determine if you have any options available to you that you may not have otherwise thought about. Good luck!

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  • Can I be deported for tresspasing and resist to arrest?

    I was in my ex girlfriends.house and she called the police

    Jennifer’s Answer

    Your question does not provide enough details to be answered. The answer will depend on many things including your current immigration status, any other criminal history you have, whether you were only arrested or also convicted, whether you served time in jail, among other things. This sort of question is a question that is unique and every case is different. I highly recommend consulting with an experienced immigration attorney who can analyze all of the important factors in your specific case for you. You may consult with an experienced immigration attorney located anywhere in the U.S. who is licensed to practice law. Best of luck to you!

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  • Do I need a professional translator to translate my birth certificate or anyone who is fluent in English and my language can ?

    And do i need to have it notarized after translation ?

    Jennifer’s Answer

    You do not need to have a professional translate it for you, and it does not need to be notarized. It just needs to contain a "certification" at the end of the document that states that the individual who translated it is proficient in both the English language and the language the birth certificate is in. You can find a sample certification statement to see what it looks like on the USCIS website. Good luck!

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  • In a deposition, Is the defendant required to appear if the defendant has already entered a written confession?

    In a deposition, Is the defendant required to appear at the Plantiff's attorney's office if the defendant has already entered a hand delivered typed confession to the circuit clerk's office? The defendant does not feel it is necessary since they v...

    Jennifer’s Answer

    Yes, if you are summoned to appear at a deposition, you must show up, unless it is cancelled for some reason. A hand-delivered typed confession stamped inside of the clerk's office has nothing to do with a deposition. At a deposition, the Plaintiff's attorney will have an opportunity to ask the Defendant questions in order to try to obtain more information about the case and elicit more evidence. Furthermore, a conference hearing in court also has nothing to do with a deposition. A party may show up in court and see the opposing side (or opposing attorney) multiple times throughout a lawsuit. The court requires status court dates and conferencing hearing dates often because the Judge wants to know what is happening in the case, and wants to make sure the parties are staying on track (i.e. completing discovery and depositions in a timely manner, etc. in order to proceed towards trial). If, possibly, the statement contains all information that the Plaintiff's attorney wants to obtain, then I suppose they could cancel the deposition, but that is pretty unlikely. If the Defendant does not have an attorney, I highly encourage the Defendant to obtain an attorney to assist them through the process.

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