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Douglas A. A'Hern

Douglas A'Hern’s Answers

32 total

  • International kidnapping how to get my son back to USA

    I have full custody in USA, ex has full custody in UAE, he's Indian nationality and I'm american.

    Douglas’s Answer

    You characterize the issue as a "kidnapping" - and if that is the case, it is a federal crime under the International Parental Kidnapping Crime Act (18 USC 1204). Please get off AVVO and contact the Federal Bureau of Investigations at 1017 WH Smith Blvd Greenville, NC 27834
    (704) 672-6100.

    If it more of a custody dispute, the United Arab Emirates is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention), nor are there any bilateral agreements in force between the United Arab Emirates and the United States concerning international parental child abduction.

    You need to contact the NC Department of Public Safety and file a report. After that, contact the Department of State at:

    United States Department of State
    Bureau of Consular Affairs
    Office of Children’s Issues
    2201 C Street, N.W.
    Washington, DC 20520
    Telephone: 1-888-407-4747

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  • Criminal and Immigration

    What can you do after your motion to vacate under Padilla was denied based on that it is not retroactive under Padilla? The case happened in 2001. It is an old case and now my husband is in removal proceedings. I petition for him in 2001 and the I...

    Douglas’s Answer

    It will depend upon the crime. There is little flexibility if it is an aggravated felony, and you don't appear to be in one of the three federal circuits that allow to readjust status in certain circumstances. If he is in mandatory detention, that could mean it is.

    Many crimes can be overcome with waivers, and some of the factors you mention are very helpful.

    Read the exact sections of law with which he is being charged on the Record of Deportable Alien (Form I-213) and that will tell you if he qualifies for Cancellation of Removal or other forms of relief.

    I can tell you that if he is in removal proceedings - find a lawyer quickly.

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  • I was born in the US married to a Honduran who entered illegally w/ no criminal record, can he obtain legal status w/o leaving?

    He has been in the US for 7 years and has a 7 yr old daughter in Honduras with another woman.

    Douglas’s Answer

    It sounds like your best bet would be the provisional waiver available since March 2013. This allows you to petition for him and he can be cleared to reenter the US before he leaves to Honduras for the consulate interview.

    I think it would be best to seek advice of counsel as this is a complicated process.

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  • I was brought to the U.S. illegally when I was 5 years old I am now 21 what are my options?

    I was brought over to the U.S. by my parents illegally when I was 5 years old, I am now twenty one, I did attend high school and are now in college. I have been working since I was sixteen as well. Somehow I have a social security card and with it...

    Douglas’s Answer

    As was stated, the issue of claiming to be a US Citizen when you are not can be a big problem. Less so if you did not know you were not.

    You can apply for the Deferred Action for Childhood Arrivals, provided you can obtain the evidence needed in time. DACA was initiated by memorandum only which means the program can be stopped at anytime, so if you are qualified - act now.

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  • How to find good criminal appeal lawyer

    Well my friend was charged with conspiracy and took it to trial and was found guilty. I don't believe the court appointed attorney was ready but did anyway to get the case off his desk. A lot that could of been done wasn't, so now he's wanting t...

    Douglas’s Answer

    The Texas Board of Legal Specialization will certified lawyers with extensive training and who pass an exam in Criminal Appellate Law. I suggest you start there.

    I also suggest you follow the advice of my colleagues who have discussed the time sensitive nature of the process and the expense. There are clear time lines.

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  • Whats the highest bond for (A) misdemeanor assault causes bodily injury w/family violence that has been enhanced 2 a felony?

    my friend called dallas county today & was informed that he had a class A misdemeanor assault w/family violence causes bodily injury. he has 2 tickets in warrant status. 1 is an assault w/family violence; 1 is an assault by threat w/family violenc...

    Douglas’s Answer

    It is up to the judge, but every county is different. Dallas County has standardized bond amounts for the level of the offense however.

    Not only do I suggest you seek counsel, but you can make arrangements with a bonding company now, so that when the warrant is served (it sounds like it is coming), they will have the bond prepared - so you spend as little time in the jail as possible.

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  • What form do I need to fill out to check my husbands immigration record of how many times he has been caught by immigration.

    We need to know what kind of deportations he has on his record. If they were volunteer ones or by judge.

    Douglas’s Answer

    The form is an . It is easier if your husband signs it as requesting his own records, but you can request them on his behalf, especially if he signs that it is ok if you get those records. There sill be come cost associated with the copies, but it isn't very expensive.

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  • Am I in danger or is it standard police procedure ?

    There's an investigator that came to my house needing to speak to me but I was not home so I called him and he said I needed to confess to an incident that happened February 21, 2013 involving an underage female being assaulted at a karaoke bar by...

    Douglas’s Answer

    What your are describing could likely be a felony charge. The most salient advice on this forum so far is that you should avoid posting any details of this issue on the internet. The government can and will use this information against you. I will try to answer the question however.

    As you are in Pharr, Texas (Rio Grande Valley), Hidalgo County follows the Grand Jury system of presenting formal indictments. Once an investigating agency brings a felony investigation to the attention of the District Attorney, their office of Felony Intake will ensure the legal elements of a crime can be proven. If so, they will refer the case to the Grand Jury.

    You need to run a parallel investigation. An attorney cannot interfere with either part of the investigation, but they can send information to the police, and the District Attorney - if you have the evidence - that serves to exonerate you. If you have enough evidence, they can dismiss the case or the Grand Jury can decline to indict you.

    I suggest you find an attorney and get in front of the issue as quickly as possible.

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  • Can I, an American citizen, apply for Medicaid if I have signed a I-864, Affidavit of Support?

    My husband entered on a K-1 visa in 2010, from Ireland. My dad and I both signed I-864 when he came. Since then we have had a baby, and I have left my job to raise our son. We do not have medical insurance because we can not afford it. We paid...

    Douglas’s Answer

    You have to remember that the I-864 is an actual contract between you, and in this case, you and your father and the US government. You are stating that you will reimburse the government for any benefits that the sponsored immigrant would receives within a certain period of time.

    This does not impact your ability to receive benefits, especially under changed circumstances.

    That time expires when the sponsored immigrant becomes a US Citizen, has earned a total of 40 work quarters for Social Security purposes (approximately 10 years) , if they permanently leave the US ) or they pass away.

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  • Married to a US citizen.

    My wife is unemployed and receives medical benefit . Will that affect her petitioning for immigration on my behalf ? I am also not working as I don't have authorization to work at the moment but my sister is willing to sponsor the petition .

    Douglas’s Answer

    She can still petition for you. This is preferred as a visa is immediately available for you and there are no numerical limits. In addition, there are new provisions which reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States under certain circumstances.

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