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Douglas A. A'Hern

Douglas A'Hern’s Answers

32 total

  • I am scared, My deferred action passed the 6 month time frame!

    So I applied for my deferred action and it was received August 31, 2012 and got my biometrics appointment October 3, and ever since I have not received an answer. I check my case online and it still says its on initial review, I am just worried. T...

    Douglas’s Answer

    Anytime you are providing information to the US government, it is imperative that you answer every request for information truthfully.

    If the information you submitted before you sought counsel was not factually correct, you need to seek assistance from an attorney to correct the matter as soon as possible.

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  • If I file an I-130 for my wife while being a LPR will she get her B1 visa cancelled?

    I wanna file up a petition for my wife but it will take a while before she is approved given the fact that I am a LPR. I have to be in the US for as long as I can so I can qualify for naturalization ASAP and I would really like her to be able to v...

    Douglas’s Answer

    When a non-resident applies for admission to the US through CBP, they are presumed to be attempting to immigrate.

    I highly suggest that she adopt an updated portfolio of information similar to what she used at the consulate interview and bring it with her at every entry.

    Or, do not transit back and forth while she is moving from a non-immigrant status to that of an intended immigrant.

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  • One more question regarding I-130 question no. 16; "Has your relative ever been under immigration proceedings?"

    I am filing I-130 form for my mother who lost her refugee status (immigration from Russia) back in 2001. My mother missed her deadline which expired in February of 2001.We had an elderly relative in a poor condition that time, and she couldn’t lea...

    Douglas’s Answer

    To answer, it may take a little while longer to determine, but you can file a G639 Freedom of Information Act request to get a copy of her entire file with a form G 639. See the link

    I suggest, as my colleagues have, that if you have previous applications - seek an attorney before filing anything else.

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  • What kind of proof is legal for proving one count of conspiracy to distribute heroin?

    A member in the family has been indicted on this charge and was wanting to know what can they use to prove guilt or innocence?

    Douglas’s Answer

    Admissible evidence would be proof including audio and visual recordsings, testimony from co-defendants, testimony from undercover agents and so on. The list is long.

    Generally, when you want to see what the United States Attorneys office in your area might do under 21 U.S.C. § 846; 963, consult the United States Attorney's Manual (see link).

    That said, there are so many distinct details as to how this will proceed, I highly suggest you seek out an attorney well versed in federal criminal defense. the senences range from; 5 Kilograms or more: 10 year Minimum Mandatory and up to life. 500 grams to 499.9 kilograms: 5 year Minimum Mandatory and up to 40 years. Under 500 grams: no Minimum Mandatory. Sentencing Guidelines is up to 20 years.

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  • My husband has been deported back to Mexico, How can I get him back to the U.S legally?

    My husband has been in the United States for more than 10 years.. We have been married for almost 5 years had have 2 children together and he has 2 other children that he was paying child support for... I am not sure if he has any bans that wont a...

    Douglas’s Answer

    You need to find out why he was removed because each basis carries its own bar to applying for readmission.

    If you can't find out through him, you can see the link below for how to file a Freedom of Information Act request with CIS.

    There are waivers that can be applied for, but it is through consular processing (outside the US) procedures now and those procedures are much different than adjustment of status (inside the US).

    On the bright side, one of the more common bars is ten years and you show that he has already completed that.

    I do suggest that you consult an immigration attorney

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  • Does culpable negligence respectively gross carelessness involve moral turpitude and therefore is a CIMT?

    Just would like to know if this can be seen as a CIMT ( no bodily harm or act of violence). It was frivolously committed money laundering, but not knowingly. The conviction was under German law ( i'm a German citizen being in Germany)

    Douglas’s Answer

    For Immigration purposes, there is no clear cut definition of CIMT's. I depends upon the elements of the statute under which you were convicted.

    Like my colleague stated though, money laundering, INA 212(a)(2)(I) states that any alien who a consular officer or the Attorney General knows, or has reason to believe, has engaged, is engaging, or seeks to enter the United States to engage, in an offense which is described in section 1956 or 1957 of title 18, United States Code (relating to laundering of monetary instruments); or who a consular officer or the Attorney General knows is, or has been, a knowing aider, abettor, assister, conspirator, or colluder with others in an offense which is described in such section; is inadmissible. SOURCE: http://www.state.gov/documents/organization/86941.pdf

    I would highly reccommend you contact an immigration attorney who is versed in obtaining visas

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  • I traveled out of the US March 14, 2013 and returned March 23, 2013 and notice my passport was not stamped indicating my return.

    I would like to know what I should do because I do not want to encounter any problems when I am ready to travel again. I have the section of my boarding pass and I am a US citizen.

    Douglas’s Answer

    There are no requirements that CBP stamp the passport of a US Citizen upon return to the US.

    The practice began so that Customs or I&NS (now CBP) could obtain information on your travels. All of the information is now available through the Advance Passenger Information System

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  • Is trespassing a CIMT?

    Is trespassing a crime of moral turpitude? I was originally charged for shoplifting, the CIty Attorney amended trespassing instead. the charge will be dismissed after 1 yr. Would I have any problems when I apply for citizenship?

    Douglas’s Answer

    I would not think so, but it could be tricky because it was originally charged as a theft. There is no listing of what are CIMT's, but you can generally look at what are not CIMT's.

    A crime involves moral turpitude if it has as an element fraud or other dishonest intent, such as the intent to permanently deprive a rightful owner of her property. Other offenses are CIMTs because they violate clearly established social norms, for example, child molestation or assault with a deadly weapon. An important thing to remember is that even a minor offense with no jail time imposed can be a CIMT.

    However, for one criminal offense, an exception commonly called the “petty
    offense exception” may be available. See INA § 212(a)(2)(A)(ii)(II). This applies if the maximum
    sentence imposable for the offense was one year, and the respondent received a sentence of six months or less.

    Under INA § 212(a)(2)(A)(i)(I), any person who has been convicted of a CIMT, or who admits committing acts which constitute the essential elements of a CIMT, is inadmissible to the United States.

    Research Matter of Lopez-Meza, 22 I&N Dec. 1188 (BIA 1999)

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  • How do you get considered a habitual criminal and how many years can you get?

    My boyfriend has been to prison once for burglary of habitation,he recently went back too jail and they are trying to charge him with 2 burglary of habitations. Will he be considered as a habitual criminal?

    Douglas’s Answer

    You first need to find out exactly what he was convicted for. Under Texas Penal Code 30.02, he could have gotten a state jail felony if the crime was committed in a building other than a habitation, felony of the second degree if committed in a habitation and even a first degree felony if the premises are a habitation; and any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft.

    Each one will become a next level enhancement -with very severe penalties if it was two first degree felonies.

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  • Chapter 7, back taxes - how often is the "willful attempt to defeat or evade" raised?

    I have 6 years of back tax debt which all meet the req. The only question that I have is how often does the IRS show up at a Section 341? Simply failing to pay being deemed as "willful" is too wide. No transfers, no concealment, no hidden accounts...

    Douglas’s Answer

    The IRS most often will not attend the creditors meeting, but they likely will come and see you at some point. For the "willfull concealment" purposes, they will look at overstatement of deductions and exemptions, falsification of documents, concealment or transfer of income, keeping two sets of financial ledgers, falsifying personal expenses as business expenses, claiming an exemption for a nonexistent dependent, such as a child and willfully underreporting income.

    I suggest you get in front of it - you can start by researching what they use to make that determination in the Criminal Tax Manual http://www.justice.gov/tax/readingroom/2001ctm/10ctax.htm

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