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Thomas Esparza Jr.

Thomas Esparza’s Answers

1,563 total

  • Am I still qualified under CSPA 9th circuit? What are the next steps I should take?

    My mother who was in the Philippines was petitioned by his brother who is a US citizen with a priority date of 03/27/1989. I was 4 years old back then (my bday is 07/07/1984). It took 23 years before the priority date became current, It was approv...

    Thomas’s Answer

    cspa is complicated, you can and should start the process arguing for the old priority date. also look up the Khalid case in the fifth circuit which is you fact pattern exactly

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  • What are my options if I want to keep an alien resident in the country after they get a divorce?

    She is talking about getting a divorce. She has been here almost 2 years. She would have to renew her alien card next year. I am a us citizen.

    Thomas’s Answer

    well if she is already a resident it depends. if she immigrated based on the marriage to the guy then she should keep proof that the marriage was a valid one. if she immigrated based on employment or through other family then it does not really matter. she already has a green card and it would not matter how she immigrated. of course, if she only has the conditional resident status then the proof of the valid marriage would be the most important. as would the reasons for leaving.

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  • Can I apply for H1B while in US, while my asylum is pending, I-94 has expired? I got a postdoc position from a university.

    entered The US on B1/B2 on june 2012 I-94 expired on Nov 2012 Asylum filed on Oct 2012 refered to ij on Jan 2013 Master hearing on March 2013

    Thomas’s Answer

    yes, but i think that you will have to leave the usa to get the visa stamp in your passport and explain the whole thing. look up adan vega or bruce coane for immigration specialists who can help

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  • What happens if I leave 3mo after my I94 expired, asylum pending, after requesting voluntary departure at my master hearing?

    entered The US on B1/B2 on june 2012 I-94 expired on Nov 2012 Asylum filed on Oct 2012 refered to ij on Jan 2013 Master hearing on March 2013

    Thomas’s Answer

    you suffer no penalties but your b1/b2 is void and you will have to re apply for another visa to come back

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  • Documents to be collected when leaving Employer that filed Green Card

    My company had filed for my I140 and I485. I received my green cards but it had the wrong "resident since" date. So I have sent it for replacement by filing I-90 and got a I-551 stamped on my passport. I am leaving my current company now to go wo...

    Thomas’s Answer

    more important than getting the approval notices is documentation that you did the work, that you were qualified for the work when the lc, the 140 and the 485 was employed. also it i hope that you stayed with the employer a reasonable period of time before leaving to avoid an appearance of fraud.

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  • My fiance's F1 Visa expired 1year ago and I am a US Citizen. Can we still marry and change his status with no problem?

    It has been a little over 1 year since his F1 Visa expired. We are planning on marrying in 6-8 months. Since he is out of status, can we still marry with no problem or will he be forced to return to his country while the change of status is being ...

    Thomas’s Answer

    a good lawyer for this is richard fernandez in dallas. lots of experience.

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  • Can my husband fiX his legal status.

    my husband was working on a military base putting tile on rooms,he was asked for his papers since he had a texas ID ,he sign voluntary deportation on 2002 HE DID NOT KNOW THE LAWS. ,HE REENTER USA 3 WEEKS LATER , HE HAS GOOD MORAL CHARACTER , W...

    Thomas’s Answer

    the short answer is no. the long answer is no. he is subject to the permanent bar. Unlawful Presence The day you arrived in the United States illegally, you begin acquiring “unlawful presence”. If you entered the
    United States with a nonimmigrant visa, visa waiver or border-crossing card, you were allowed to stay here until a specific time indicated
    on the 1-94 issued by the United States Citizenship and Immigration Services (USCIS). After that time frame expired, you begin acquiring
    unlawful presence.
    Three Year Bar There is a penalty if you acquire more than 180 days but less than a year of unlawful presence and then leave the United
    States. By leaving the United States, you will not be able to return legally for three years.
    Ten Year Bar There is a harsher penalty if you have more than a year of unlawful presence and then leave the United States. When
    youleave the United States, you will not be permitted to return legally for ten years.
    Waiver of the Three and Ten Year Bar There is a waiver of the three and ten year bars but not everyone qualifies for it. You must show that
    your U.S. citizen or permanent residence spouse or parent would suffer extreme hardship if you are not granted the waiver. You cannot get
    a waiver of the three or ten year bar on the basis of the United States citizen children. The USCIS and most consulates are granting many
    but not all of these waivers. In addition, it takes 6-12 months to get a decision on the waiver.
    What to do? If you are eligible to immigrate through the U.S. consulate because a family member has petitioned for you, you should
    not stay illegally in the United States for more than 180 day. On the other hand, if you are eligible to become a permanent resident here in
    the United States, you should not leave the country before you get your green card. Talk to an immigration specialist to find out the best
    thing for you to do. However, if you have already been here illegally for more than 180 days, consult an immigration lawyer about your
    specific case. You might never be able to return.
    Permanent Bar If you have accumulated more than one year of unlawful presence after April 1, 1997, leave the Unites States, then
    attempt to enter the country illegally, you are subject to a permanent bar. This is so even if you successfully reentered the United States
    illegally. The permanent bar means that you will never be able to reenter the United States legally. A waiver is available only after you have
    stayed outside the United States for ten years

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  • Can I get a pardon? if so, how?

    I am an ex-felon, who lived in Los Angeles, California and I got deported to my native country. my case (only time) is when I was 19-20 years old. I am now 43 years old. because of my work, I have gotten 5 different visas to the USA with a waiv...

    Thomas’s Answer

    brother, the line your mom put you in is 20 years long. i suggest that you find someone to help with the pardon when you come back. look up rosemary esparza of LA and excellent expert in immigration law

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  • Can i travel with an expired working permit card within the USA?

    or with my NY license that states that my Temporary visit has expired?

    Thomas’s Answer

    yes, but different place treat that differently, not necessarily the immigration but local law enforcement. definitely the transportation security agency will look askance at your situation and might take you into custody.

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  • IV Application Processing Fees is not available

    I am LPR, trying to bring my wife, I finished the DS-261choice of address and agent, and I paid the Affidavit of Support (AOS) Fees and status it shows that is paid the problem on the IV Application Processing Fees it is showing me it is not avai...

    Thomas’s Answer

    submit the 864. or better yet, call them up. even better yet, consult an immigration attorney who does a volume of these and can finish out the process

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