Douglas A. A'Hern’s Answers

Douglas A. A'Hern

Houston Criminal Defense Attorney.

Contributor Level 6
  1. Am I eligible for probation on a 4oz - 5lbs of marijuana in Harris County if I have priers?

    Answered almost 2 years ago.

    1. Ryan Joseph Mitchell
    2. Macy Michelle Jaggers
    3. Douglas A. A'Hern
    4. Leonard C. Morales
    4 lawyer answers

    The time is attenuated between your prior burglary of a building, which is the main barrier to probation - as my colleague stated - you will need an agreed reccomendation from the DA. Getting probation may not be that difficult as you have not had any issues in 5 years, but the two previous POM will be a challenge for your attorney. Make sure if you work, you are in school, go to church, etc. ; your attorney will need documentaion on this. Mr. Mitchell is corect in stressing the...

    1 person marked this answer as helpful

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

    Answered about 2 years ago.

    1. Marcia I. Perez
    2. Jesus Novo III
    3. Tripti Sharad Sharma
    4. Douglas A. A'Hern
    4 lawyer answers

    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.

    2 lawyers agreed with this answer

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

    Answered about 2 years ago.

    1. Jesus Novo III
    2. Madhu Kalra
    3. Rebecca Lynne Melone
    4. Douglas A. A'Hern
    4 lawyer answers

    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...

    2 lawyers agreed with this answer

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

    Answered about 2 years ago.

    1. Macy Michelle Jaggers
    2. Cody Grant Henson
    3. Douglas A. A'Hern
    3 lawyer answers

    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....

  5. 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?

    Answered about 2 years ago.

    1. Alejandro E. Garcia
    2. Douglas A. A'Hern
    3. J Charles Ferrari
    4. Fernanda Nunes Hottle
    4 lawyer answers

    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.

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

    Answered about 2 years ago.

    1. Irene Vaisman
    2. J Charles Ferrari
    3. Douglas A. A'Hern
    4. Jesus Novo III
    4 lawyer answers

    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.

  7. Criminal and Immigration

    Answered about 2 years ago.

    1. Carl Michael Shusterman
    2. Alexander Joseph Segal
    3. Sarah E. Blackwell
    4. Douglas A. A'Hern
    4 lawyer answers

    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...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. Hello i owe money to the irs and i am about to apply for the dream act law to get my papers can my application be denied ?

    Answered almost 2 years ago.

    1. Carl Michael Shusterman
    2. Alexander Joseph Segal
    3. Todd Matthew Heine
    4. Douglas A. A'Hern
    4 lawyer answers

    There is a misconception that a "DREAM Act" has been passed. The Obama administration only created a process to document individuals meeting a certain criteria and have deemed it "Deferred Action for Childhood Arrivals" or "DACA". There are a number of requirements, as the link below will show, and the only mention of taxes is, "Evidence of your current income, such as tax returns, banks statements or paystubs, or an affidavit from you or a third party stating you do not file tax...

    1 lawyer agreed with this answer

  9. Can an ICE officer release on a bond if you have USCIS Asylum receipt? How long will you wait for a bond hearing if not?

    Answered about 2 years ago.

    1. Carl Michael Shusterman
    2. F. J. Capriotti III
    3. Alexander Joseph Segal
    4. Douglas A. A'Hern
    4 lawyer answers

    You are correct in that she may have problems for the re-entry after deportation federal charges. However, if she was removed the first time for only illegal presence, it would be unusual for the federal government to prosecute her. You can also file for her to adjust status if you are married and can meet the statutory qualifications and waivers.

    1 lawyer agreed with this answer

  10. International kidnapping how to get my son back to USA

    Answered about 2 years ago.

    1. Kevin Michael Burke
    2. Douglas A. A'Hern
    3. Todd Matthew Heine
    3 lawyer answers

    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...

    1 lawyer agreed with this answer