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Douglas A. A'Hern

Douglas A'Hern’s Answers

32 total

  • I-485 Processing time for U Visa adjustment

    Recently how long is the processing time of I-485 for U visa adjustment to permanent residence? It doesn't show on USCIS website. I am anxious to know. Your experience about it is very appreciated.

    Douglas’s Answer

    US CIS publishes processing times

    See the link

    See question 
  • Can the government take my husbands inheritance to satisfy my federal restitution?

    I have just been released on supervised release and I owe a large amount of money in federal restitution. While I was incarcerated this last year, my husband received a signing bonus for an oil lease on land that is part of an inheritance from a...

    Douglas’s Answer

    Seperate property is usually not going to be touch, but income from sdeperate property might.

    Also, you stated that "the lease happened early last year while I was incarcerated and I forgot all about it when I filled out the paperwork for my PO declaring assets for everyone in my home."

    This IS a problem. Contact a criminal defense attorney immediately to address this issue

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  • My sister was sentenced to 78months in state prision for conspiracy. Is there any way they can minimize her time?? please helpp!

    so my sister was in this problem since september 2011. she was in propation while waiting on her court day, while on this process she had two babygirls and had court until last week. she denied several things they were blaming her for and so the j...

    Douglas’s Answer

    I agree with my colleague on the appeal issue.

    On the immigration issue, you need to seek the help of an experienced immigration attorney - one who works on removal defense.

    See question 
  • My boyfriend has been detain by ICE for four days and they haven't giving him a court date. what can we do to help him.

    He has lived in the US. legally since he was four and now he is thirty four. it's the only home he knows. he is there because he has a criminal back ground. a few DUI and Traffic Violations I don't understand why he has to be there so long and wil...

    Douglas’s Answer

    He will likely be at the CCA contract facility at 15850 Export Plaza Dr Houston, Texas 77032. You will need to obtain the Alien Registration Number (A Number) that will be found on the bracelet that they gave him while processing in.

    Once you have that number, call 1-800-898-7180 for the next court date.

    Depending on his nationality and how long he will be in detention, they can move him to the Polk County Detention center at 3400 FM 350 South, Livingston, Texas 77351. The phone is (936) 967-8000.

    He can be placed int removal proceedings solely because of his unlawful presence. Depending upon his criminal history, he can be eligible for Cancellation of Removal (requirements at the link).

    See question 
  • 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 ?

    and what can i do about it ?

    Douglas’s Answer

    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 returns, have no bank accounts and/or have no income or evidence to prove your income level."

    I will make two suggestions. First, under no circumstances do you withhold information. You can overcome the tax issue if there has been no intent to deceive the IRS. Second, apply soon because DACA can close at anytime.

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  • Around how much money Will i need do for process on filling for illegal presence in the us maried to us citizen

    Enteres illegaly

    Douglas’s Answer

    I linked the most current G-1055 filing fees schedule for US Citizenship and Immigration Services.

    For attorney's fees - every attorney is different

    See question 
  • Is there a pardon for a convicted felon who has been deported if he marries a us Citizen and has 2 children?

    he served 5 years for conspiracy charge, and got deported, is there a possibility for him to obtain residency if we get married? is there a pardon for this kind of deportation?

    Douglas’s Answer

    I see you are in Texas. In the 5th Circuit Court of Appeals even people convicted of "aggravated felonies" can apply for a 212(h) waiver under very finite and certain circumstances.

    I suggest you contact a good immigration attorney.

    See question 
  • Am I eligible for probation on a 4oz - 5lbs of marijuana in Harris County if I have priers?

    When I went to court Monday they had a court appointed lawyer representing me and she told me I had to do state jail time for my case since I had priors. P.C. states: Cop pulls me over because passenger didn't have a seat belt. (he had his seat ...

    Douglas’s Answer

    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 suppression issue. Pursue it vigorously.

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  • 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?

    My fiancee has been detained for 2 months for illegal re-entry. She was arrested for working without a hair license. Which was a misdemenor. She will appear in court next week for sentencing ( she pleaded guilty) and most likely will have time ser...

    Douglas’s Answer

    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.

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  • What am I to do if my attorney isn't returning anyone of my phone calls ?

    I am very upset! I hired a attorney last summer after I learned the one I had was disbarred. He has been not returning my calls all year and I had a hearing a few weeks ago that he supposedly attended but he has yet to tell me the out come and I h...

    Douglas’s Answer

    You may want to set up a visit in person. There is no excuse for not returning calls, but you should address it in person.

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