Deniz Sevim Arik’s Answers

Deniz Sevim Arik

Phoenix Immigration Attorney.

Contributor Level 10
  1. How do we apply for residency for an illegal immigrant marrying a US citizen?

    Answered about 5 years ago.

    1. Barbara Ann Williams
    2. Deniz Sevim Arik
    3. Michael D. Baker
    4. Shah Iqbal Nawaaz Peerally
    5. Andrew Wilson
    6. ···
    6 lawyer answers

    Two questions: Did you enter legally, say with a border crossing card? Has anyone ever previously filed for you, and if so who, and when? You can get married here, and your spouse can file the underlying I-130 Petition for Alien Relative. The problem is if you did not make a legal entry and nobody filed for you before April 30, 2001, you are subject to a 10-year bar because you have more than one year of unlawful presence (by the way, I am assuming you are over 18 in answering this)....

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  2. Motion to reopen filed June/09. EAD Expired 11/09. Still waiting for result on motion to reop. case.

    Answered about 5 years ago.

    1. Scott D. Pollock
    2. Deniz Sevim Arik
    2 lawyer answers

    If your Motion to Reopen is before USCIS, it can take an extremely long time for USCIS to adjudicate the Motion. I have had a Motion to Reopen a case before USCIS for 18 months in Phoenix. When I inquire either via e-mail or Infopass, I am told the Motion is being adjudicated. Much of it depends on your local office. You can try to renew the EAD, but yes, you will have to pay the fee, because until your case is re-opened, it is closed. Therefore, it is unclear whether the EAD will be...

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  3. Is there penalty for not applying for green card on time?

    Answered about 5 years ago.

    1. Deniz Sevim Arik
    2. Wolf W Kaufmann
    2 lawyer answers

    It sounds as though your friend applied for asylum with USCIS, and was denied, and put in immigration/removal proceedings with an Immigration Judge OR your friend was placed in removal proceedings in front of the Immigration Judge, was then denied asylum, and the appeal was denied at the Board of Immigration Appeals. If the asylum case is over completely, if her spouse files for her, she would need to file a Motion to Reopen her case either before the Board of Immigration Appeals, or the...

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  4. My boyfriend and i planning to get married i born in U.S. and he is a resident could he still get deported

    Answered about 5 years ago.

    1. Naveed Alam Quraishi
    2. Deniz Sevim Arik
    2 lawyer answers

    Yes, most definitely a resident can still be removed/deported. Getting your lawful permanent residence can provide some protection from removal, but it is not a guarantee. For example, if your boyfriend got into certain types of trouble with criminal convictions within 5 years of getting his green card, he could be placed in removal proceedings. If he committed two crimes involving moral turpitude in unrelated events, he could be place in removal proceedings. If he was convicted of what is...

  5. I've been in the US illegally since I was 5 I am married to a citizen and have 4 kids together what can I do to be here legally

    Answered about 5 years ago.

    1. Deniz Sevim Arik
    1 lawyer answer

    You need to find out what happened with either the I-130 or the Adjustment application. It is unclear from your post exactly what was filed. It sounds like perhaps you did not show up for an interview, and your application may have been deemed abandoned. Here, the key is to find out what you filed, and what happened to it. Keep in mind, however, that unless someone filed an I-130 for you prior to April 30, 2001, or you entered legally, you will be unable to adjust your status in the U.S....

  6. Illegal immigrant with two small children. Has been married with a US citizen for 5 years. How can we apply for residency?

    Answered about 5 years ago.

    1. Deniz Sevim Arik
    1 lawyer answer

    Unfortunately, this is not an easy process. Did you enter legally? Has anyone else ever filed for you (such as a parent?). If you entered illegally and nobody ever filed an I-130 Petition for Alien Relative for you prior to April 30, 2001, you will have to process through the U.S. Consulate in your home country. Basically, this is the process: Your wife files and I-130 for you. Once approved it is sent to the consulate in your home country. At that time you would have to return to your...

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  7. How long does it take when filing I-130 for a sibling...2+ years?

    Answered about 5 years ago.

    1. Deniz Sevim Arik
    1 lawyer answer

    In order to answer this question, there are more questions that need to be asked. If you file an I-130 for him, assuming you are a citizen, he would be able to adjust his status in the U.S. because he made a legal entry on his F-1. However, he will have to wait a very long time for a visa to become available. The time frame depends on where you are from. You can google "Visa Bulletin," and look at Family Fourth preference and it will tell you how many years, yes, I said years, off he would...

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  8. Do I need to fill a form I 131 advance parole form while filling 1130,i485, etc, I have no plans to leave the country. Should I?

    Answered about 5 years ago.

    1. Deniz Sevim Arik
    1 lawyer answer

    You do not have to file the I-131 as part of your adjustment packet. The only thing is that it is free to do when you file the packet together. If for whatever reason, you filed on later you would have to pay the filing fee of $305. Just because you file and receive it, it doesn't mean you have to use it.

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  9. Where should I send my N-600. I live in South Lake Tahoe, Ca 96150.

    Answered about 5 years ago.

    1. Deniz Sevim Arik
    1 lawyer answer

    You file the N-600 at your local USCIS field office, which, in your case is Sacramento. This office is located at: 650 Capitol Mall Sacramento, CA 95814. Best of Luck. Sincerely, Deniz S. Arik, Esq. The Law Office of Deniz S. Arik, PLLC 2942 North 24th St. Suite 114 Phoenix, AZ 85016 602.334.8786 (t) 602.424.5757 (f) deniz.arik@azbar.org Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information...

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  10. Do petty offenses lead to detention in case of removal proceedings?

    Answered about 5 years ago.

    1. Deniz Sevim Arik
    1 lawyer answer

    A lawful permanent resident can be placed into detention and required to remain in detention for the duration of their proceedings, depending upon for what a person is convicted. If the conviction meets the petty offense exception, as defined in the Immigration and Nationality Act, there is no mandatory detention. Best of Luck. Sincerely, Deniz S. Arik, Esq. The Law Office of Deniz S. Arik, PLLC 2942 North 24th St. Suite 114 Phoenix, AZ 85016 602.334.8786 (t) 602.424.5757 (f)...

    1 person marked this answer as helpful