Alicia Marie Heflin’s Answers

Alicia Marie Heflin

Phoenix Immigration Attorney.

Contributor Level 13
  1. I'm here at the US without papers, can I fix my status thru my wife? She is a USC

    Answered about 2 years ago.

    1. Alicia Marie Heflin
    2. Obadan Unuigbojie Iziokhai
    3. F. J. Capriotti III
    4. Dhenu Mitesh Savla
    4 lawyer answers

    It is possible, but will likely require you leave the country and apply through the consulate in your home country. Because you have been unlawfully present in the United States, you will have to apply for a hardship waiver which requires that you establish your wife will suffer extreme hardship if you are not permitted to return to the United States as a lawful permanent resident. I would highly recommend you consult with an attorney to discuss your situation and what the process entails....

    9 lawyers agreed with this answer

  2. Is it better for parents of a US citizen who have tourist visas to file for permanent residency from within the US or outside?

    Answered over 1 year ago.

    1. J Charles Ferrari
    2. Alicia Marie Heflin
    3. Giacomo Jacques Behar
    4. Stephen D. Berman
    5. F. J. Capriotti III
    5 lawyer answers

    Better how? The answer to your question can depend on several variables which you should discuss with an immigration attorney. However, the process is much faster when filed from inside of the United States as opposed to filing outside the country.

    7 lawyers agreed with this answer

  3. My husband has an ICE hold since Sat. Feb 9th. Today it has been well over the 48 hrs jail has not released him what can I do?

    Answered over 1 year ago.

    1. Alicia Marie Heflin
    2. Stephen D. Berman
    3. Rajesh Nakchhed Prasad
    3 lawyer answers

    I agree with my colleague. I would recommend contacting an attorney who would be able to assist you in inquiring about the status of your husband's detention and filing a Writ of Habeas Corpus if necessary.

    Selected as best answer

  4. Is there any way my mother can become a permanent resident when my US citizen sister becomes an adult? How long does it take?

    Answered almost 2 years ago.

    1. Alicia Marie Heflin
    2. Myron Russell Morales
    3. Kara Lien Roberts
    3 lawyer answers

    Your U.S. citizen sister can petition for your mother when she turns 21. Unless your mother is grandfathered under a special section of immigration law (245(i)) she will have to complete the process to obtain lawful status by attending an immigrant visa interview in her home country. The issue becomes her need for a hardship waiver and whether she has a qualifying relative. A qualifying relative is a U.S. citizen or lawful permanent resident spouse or parent -- but not child. She must...

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  5. Is there still a chance my mom can be released from ICE costudy?

    Answered 9 months ago.

    1. Jesse Evans-Schroeder
    2. Alicia Marie Heflin
    3. Ryan W Cummings
    4. Eileen Michelle Sterlock
    5. Jeffrey Adam Devore
    5 lawyer answers

    More information is needed about your mom's current status and time in the United States to fully answer your question. But, generally speaking, an individual who is convicted of a controlled substance (drug related) offense is not bond eligible unless he/she can prove the conviction was related to possession of less than 30 grams of marijuana for personal use. The burden is on the individual seeking bond to establish with the record of conviction that the conviction meets this exception....

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. I am an illegal immigrant, married to a US citizen, how can I start my process towards citizenship?

    Answered over 1 year ago.

    1. Alicia Marie Heflin
    2. Jorge Ivan Pardo
    3. Karen-Lee Pollak
    4. Samuel Patrick Ouya Maina
    4 lawyer answers

    The first step would be for your spouse to file an I-130 petition on your behalf. The next step would include applying for a provisional waiver due to your unlawful presence in the U.S. and then you would be required to depart to Mexico for a consular interview. The waiver process, however, requires that you establish your spouse would suffer extreme hardship if you are not able to obtain lawful status in the United States. It sounds like you may also be eligible for deferred action,...

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  7. How long is the wait to reenter the u.s. legally after signing voluntary departure n wat r the steps?

    Answered almost 2 years ago.

    1. Alicia Marie Heflin
    2. Albert H. Valk
    3. Giacomo Jacques Behar
    3 lawyer answers

    An immigration hold does not necessarily mean your husband will be transferred to immigration custody, but it does mean that immigration will review his charges and the resulting disposition to determine whether his status is subject to being revoked in removal proceedings. As my colleagues have advised you, a "simple" DUI without injury to other parties is not likely to result in him being placed in removal proceedings or losing his status. If he has had previous DUIs, however, this could...

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  8. Immigration question regarding ICE and the removal procedure?

    Answered over 1 year ago.

    1. Alicia Marie Heflin
    2. Javier G Pineda
    3. Matthew H Green
    4. J Charles Ferrari
    5. Wendy Rebecca Barlow
    6. ···
    6 lawyer answers

    Whether a Notice to Appear (NTA) is issued and removal proceedings often depends on why the I-485 was denied. Certainly, ICE can pick someone up without notice, issue the Notice to Appear, and detain him/her or the NTA can be served by mail. As my colleagues have advised, I would definitely encourage you to speak with an immigration attorney who can review the circumstances specific to your case and give you a more accurate answer to your inquiry.

    6 lawyers agreed with this answer

  9. Is There a chanse of fighting to keep his residence or will he lose It and get deportes.?

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Alicia Marie Heflin
    3. J. Thomas Smith Ph.D.
    4. Edwin Alberto Molina III
    4 lawyer answers

    The only way an immigration attorney can answer this question for you is after reviewing a complete copy of the court records for each criminal conviction he has and gathering more information about his immigration history and how long he has had his status and lawfully resided in the United States. I would highly recommend consulting with a few immigration attorneys to discuss the specifics of this case in greater detail so you can get accurate legal advice.

    6 lawyers agreed with this answer

  10. Filing of I-130, does my mother sponsor need to include a translated copy of my birth certificate or is the French version ok ?

    Answered over 1 year ago.

    1. Alicia Marie Heflin
    2. J. Thomas Smith Ph.D.
    3. Philip Alan Eichorn
    4. Alexander Joseph Segal
    4 lawyer answers

    Yes, you must include a translated copy of your birth certificate.

    6 lawyers agreed with this answer

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