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Deniz Sevim Arik

Deniz Arik’s Answers

93 total


  • How do i get my husband legalized

    my husband came into the united states with a visitor visa and never left, i am a us citizen. my husband and i have been married for 3 years and have two children together, what are the forms that i need to fill out to legalize his status here. a...

    Deniz’s Answer

    If you are a U.S. citizen, and your husband can prove he entered legally, you may file an I-130, Petition for Alien Relative, concurrently with an I-485, Application for Adjustment of Status. He would be able to apply for his lawful permanent residence in the U.S. I am assuming there are no criminal convictions or arrests in your case. If there are criminal convictions or arrests, the application process will be more complex and your husband may need a waiver. Currently, the Phoenix office takes approximately four months from the initial filing to the interview. I am not sure about the California offices. Please note, as part of the I-485 Packet, your husband is also eligible to apply for an I-131, Travel Document (but I do not recommend he leave the country until he obtains his lawful permanent residence) and an I-765, Employment Authorization Document.

    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 provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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  • About deportation procedures

    For legal immigrants who have been determined to be deported, do they usually get a date to leave by or does immigration make them leave straight from court? I'm really just looking for a general answer.

    Deniz’s Answer

    This depends on the situation. If someone is a lawful permanent resident, and they are ordered removed, and do not file an appeal, the order is final, and they are usually removed fairly quickly. This is particularly true if the person is detained.

    If a resident is denied relief, it is usually on criminal grounds, which means they likely would not qualify for Voluntary Departure of 60 days, or 120 days, depending on the type of Voluntary Departure. However, if a person is granted Voluntary Departure, they are given a date.

    Really, to answer this question properly, I need more facts: is the person detained? Why are they in removal proceedings?

    Anyway, I hope my answer helps a bit.

    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 provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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  • Is there another form that I should file for AOS apart from I-485?

    I want sponsor my mom, who has overstayed for more than 10 years, for AOS. I was filling out the I-485 and it said it said that the form should not be used if the person is here illegally.

    Deniz’s Answer

    If your mother entered legally with a visa, and you are a U.S. citizen, you should file an I-130, Petition for Alien Relative, concurrently with an I-485, Application for Adjustment of Status. She will be eligible for lawful permanent residence under section 245(a) of the Immigration and Nationality Act. She will need to prove lawful entry, and my answer assumes there are no arrests, convictions, etc.

    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 provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

    See question 
  • Is it ileagal to work here if you dont have papers

    I went to legal aid and told them i]that my husband didnt file taxes they told me that didnt matter because he is not suppose to work here in the first place

    Deniz’s Answer

    It is illegal to work in the U.S. unless you are a citizen, lawful permanent resident, or you have employment authorization.

    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 provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

    See question 
  • My mother in law got deported and was told she can never reenter is there way to get her back?

    She came here at the age of 12 and married my husband dad around 30 yrs ago and has a green card but never made herself a citizen. She got a felony over drugs a year ago. They deported in the night and left her in Mexico not knowing anyone. She le...

    Deniz’s Answer

    If your mother-in-law was removed for having committed an aggravated felony, she faces a lifetime bar from re-entry into the U.S. As a side note, if she was a resident, she should have had an opportunity to appear in front of an Immigration Judge. Did she see an Immigration Judge, and if so, did the Dept. of Homeland Security charge her with having committed an aggravated felony? You may want to have an in depth consultation with an attorney to review your mother-in-law's case. But the most simple answer to your question is if she was removed due to what is considered an aggravated felony in immigration law, she will be unable to re-enter the US, and faces very stiff penalties and prosecution if she attempts to re-enter the U.S. illegally. If she was removed for having committed something other than what would be considered an aggravated felony in immigration law (such as a crime involving moral turpitude), she may be able to reapply for admission after 10 years.

    You really need to see to an attorney who can review all of your documents.

    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 provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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

    Im US citizen and I m applying for my doughter citizenship certificate. N- 600 where i shoud send?

    Deniz’s 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 provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

    See question 
  • Do petty offenses lead to detention in case of removal proceedings?

    This is kind of general, but if I ever found myself being in deportation proceedings because of my past record(I have 2 misdemenors from years ago, no jail, but fine and probation), would they automatically put me in INS detention during the proc...

    Deniz’s 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)
    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 provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

    See question 
  • Why do Immigration court keep refering us back to immigration for further processing?

    my husband got cought with no papers and i only have the green card how ever every time we go to court once a year they keep asking my lawyer about what the immigration back in fresno said about my husbands case and today i went and asked in fres...

    Deniz’s Answer

    I would only add to my colleagues' responses that if your husband was placed into removal proceedings in front of an Immigration Judge, and you had filed an I-130 for him before that time, which has now been approved through USCIS, the Immigration Court would have jurisdiction over the adjustment of status (him obtaining his green card). He could do that in court, but only if a visa is available.

    You should pack up all of your papers and go seek a clear explanation from your attorney. If you are unable to get clear on what is happening in your husband's case, take my colleagues' advice in finding an attorney from whom you can obtain a second opinion.

    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 provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

    See question 
  • Who need the fingerprints and/or biometrics taken?

    I would like to know whose fingerprints or biometrics need taken. Is it my husband who is a petitioner or me the beneficary. though he just became a citizen and has done fingerprint and biometric then, does he needs to do it again for the petitio...

    Deniz’s Answer

    The beneficiary has to have biometrics completed. That is you, not your husband.

    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 provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

    See question 
  • I-130 approval notice for my brother

    Hi, I received I-797 regarding my brother's I-130 with a priority date of June 2008. His petition is approved and is forwarded to NVC for further processing. The notice suggests to call after 90 days, if my brother doesn't hear from NVC. It sound...

    Deniz’s Answer

    Just because the I-130 was approved it does not mean a visa is available. Until a visa is available, nothing else will happen in your brother's case. Depending upon where you are from, the wait time ranges from 22 years to 10 years for sibling petitions. See the March 2010 Visa Bulletin for 4th Preference Family Petitions: http://travel.state.gov/visa/frvi/bulletin/bulletin_4659.html/.

    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 provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

    See question