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Mauricio Adonay Herrera

Mauricio Herrera’s Answers

47 total


  • Now that gay marriage is legal in the United States if a American guy married a guy from another country would it make him legal

    He's been in this country for 5 years now

    Mauricio’s Answer

    There is no automatic legalization. The U.S. citizen must file a family petition and the Beneficiary must file a petition to become a permanent resident. The beneficiary must show that he is eligible and admissible as a permanent resident of the United States. If Beneficiary gets permanent resident status, then after 3 years of maintaining permanent resident, and still married to the U.S., can apply to become a naturalized citizen of the U.S. There are many factors that come into play to determine if Beneficiary is eligible and admissible.

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  • FAMILY PETITION

    I want to do a petition for my husband, I understand that I must file the following form I-130, I-485, I-765 What other forms must i file? and If is it mandatory to file all together? or can I start with form I-130 first, since i don't have at ...

    Mauricio’s Answer

    There is no requirement that all petitions be filed at the same time. However, if you are a US citizen, It would be beneficial to file them at the same because your husband would be able to obtain employment authorization during the process. You should contact an immigration attorney in your area to weight the benefits of doing them together.

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  • I have a failure to appear for minor in possession. Jurisdiction of Rogers, Arkansas.

    I missed my court for minor in possession and so I got arrested. I got bonded out but I now am going to go to court for failure to appear and minor in possession. What can be some consequences?

    Mauricio’s Answer

    They are both misdemeanors and you may be looking at fines, court cost. The judge would also have discretion to impose jail time depending on the facts.

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  • Renewing DACA!

    My DACA expires on October! Should I go to a lawyer to help me fill out the application or should I do it myself?

    Mauricio’s Answer

    The law doesn't require that you hire an attorney to renew any kind of application to get an immigration benefit. However, sometimes it is money well invested to hire an experienced attorney to make sure that there is nothing else that would have a negative impact to your application. Good luck.

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  • Can a felony charge with no conviction, which was dropped, be expunged in Arkansas?

    I was wrongfully convicted (as the charges were dropped) and it is proving quite difficult to obtain a job in my field of Education. I did not lose my teaching license and can still teach, but no district will hire me because in the FBI search, i...

    Mauricio’s Answer

    A criminal attorney should be able to help you in expunging/sealing this matter. Arkansas has a process to file a Petition to expunge/seal an arrest which resulted in dismissal of the charges.

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  • Do's my kids father have to sign there passport apps, so I can take them on holiday ?

    we have split up and have different partners now, he refused to sign them before when I asked.

    Mauricio’s Answer

    If the children are under the age of 16, both parents have to be present to sign the application to obtain U.S. Passport for the children. You can also present Form DS-3053 if one of the parents can't be present at the time of application. If the other parent objects, check the divorce decree to see if there is any language about obtaining passport and traveling abroad with the children for vacations. If there is no such language, you will have to ask permission from the court to authorize you to obtain passport and to take them out of the U.S.

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  • I need a professional advice?

    i am married 4 years with my u.s. citizen wife ,but during that time i was trying to help my wife to pay bills and trying to live in a decent place and life ,i got a job but unffourtanetly check as a u.s. citizen in my form well now we are very ...

    Mauricio’s Answer

    The best you can do is to contact an immigration attorney to evaluate your situation. An experienced immigration attorney will evaluate you situation and advise you what is the best way to proceed.

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  • Immigration Second Interview ( I-485 )/ Marriage/ Green Card

    I was in a removal proceeding but it was terminated after my I-130 was approved by the Immigration so I was able to finish the process of the Green Card. Yesterday, after a year and a half after my first Interview for the I-130, I had my second in...

    Mauricio’s Answer

    Each office has different policies and sometimes, the Director must review the case to give the final approval. In some offices, the officer tells the applicant right away if it will be approved or not. There may also minor issues that the officer needs to review. All you can do is wait for an answer.

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  • What is the attorney fee for a legal name change for a minor

    How long will the process take

    Mauricio’s Answer

    There is no set fee by law. Each attorney would charge any amount the attorney feels is the right amount based on the facts of the case.

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  • Can it get any worse!!!? Help!!

    Today I received an email stating that my case status had been upgraded I logged in and there it was my husbands I485 had been denied I don't know the details since we have to wait for the official letter in the mail. I know there are many reasons...

    Mauricio’s Answer

    Your case needs to be evaluated by an immigration attorney. The attorney needs to look at what has been done and the reason for the denial. There will be a 30 day period to appeal or to seek reconsideration after the denial. The immigration attorney will also look at the options available for you and your husband.

    There has been no change in the law to allow someone to adjust in the U.S. There are some instances when someone can adjust in The U. S. An immigration attorney can review and explain.

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