Peter Lunt Ashman’s Answers

Peter Lunt Ashman

Las Vegas Immigration Attorney.

Contributor Level 10
  1. Can a previous marriage license cause a problem in applying green card?

    Answered almost 2 years ago.

    1. Peter Lunt Ashman
    2. Robert West
    3. John Grayson Davidson
    3 lawyer answers

    It shouldn't be a problem. There was no marriage and so no marriage was recorded at the Clark County recorders office. There may be a record somewhere of the issuance of the license, but all it may show is the intent to marry the prior bf. seriously, I wouldnt worry too much about that issue. Whether there are other, more substantial issues should be the subject of a lawyer consultation. Good luck.

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  2. Filing I-130 for stepchildren of a US Citizen

    Answered over 3 years ago.

    1. Carl Michael Shusterman
    2. Peter Lunt Ashman
    3. Luis Alberto Guerra
    4. C. C. Abbott
    4 lawyer answers

    Are the kids here in the US? Did they come in legally? If so its a pretty straightforward process that would take around three months. If the answers to either of these questions is no, then it will involve going to a consulate, but depending on the country, it should take between six and 12 months. What the "visa being immediately available" means is that there are no quotas for immediate relatives of US citizens. So the wait is due to processing times, not waiting in line for quotas to...

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  3. Am confused.

    Answered about 3 years ago.

    1. Peter Lunt Ashman
    2. J Charles Ferrari
    3. Luis Alberto Guerra
    4. Robert West
    4 lawyer answers

    I think there is some confusion here. As the spouse of a permanent resident, you are not immediately eligible for permanent residence. There are strict numerical quotas which will cause you to wait at least a couple of years after your husband files for you before you are eligible to get your green card. If your husband is eligible to get his citizenship, you would then be immediately eligible for permanent residence. However, if you are found to have entered with "preconceived intent" (...

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  4. EB5 visa filed last August for an investor from China to invest in a small independent online business.

    Answered about 3 years ago.

    1. Carl Michael Shusterman
    2. Peter Lunt Ashman
    3. Wolf W Kaufmann
    4. Jeffrey Adam Devore
    5. Kevin Lawrence Dixler
    6. ···
    7 lawyer answers

    You're kidding? You've invested possibly a million dollars and you're trying to get free legal advice on the Internet? The best advice anyone could give you is contact an EXPERIENCED immigration lawyer who has successfully done EB-5 cases and have them handle the case. It may cost you Several thousands of dollars, but thats just too much money invested to go cheap. Good luck!

    5 lawyers agreed with this answer

  5. How could I terminate the asylum application without a lawyer due to I-485 and i-130 approval ?

    Answered about 3 years ago.

    1. Carl Michael Shusterman
    2. Peter Lunt Ashman
    3. Jamahl Calvin Kersey
    3 lawyer answers

    If your I-485 was approved by USCIS while you were still in Removal proceedings, then it was done in error and in legal terms, ultra vires. I think you are in over your head and really need to get legal help.

    5 lawyers agreed with this answer

  6. Please specify which are the IRS "exceptions" to obtain a ITIN number without having to file a tax return as a requirement

    Answered over 3 years ago.

    1. Carl Michael Shusterman
    2. Peter Lunt Ashman
    3. Nadin Cutter
    4. C. C. Abbott
    4 lawyer answers

    No, you don't need to have filed a return. You do need to file a Form W-7 with the internal revenue service (not immigration). The bigger question is whether or not you can qualify for a visa by buying and selling real estate. It would probably be a good idea to consult with a knowledgeable attorney with experience in business immigration.

    5 lawyers agreed with this answer

  7. I arrived here as fiance visa and my bf dont want to proceed with the marriage he found another woman

    Answered almost 3 years ago.

    1. Carl Michael Shusterman
    2. Peter Lunt Ashman
    3. Nicklaus James Misiti
    4. Deborah Lynne Karapetian
    4 lawyer answers

    As a law professor told me way back in school, "you can always sue anybody... question is can you win and will it be worth it?" So you may be able to sue him on a contract theory, and show what you gave up to come to the U.S. in reliance on his promise to get married. Unless your losses are extreme, like you left your job as Nicaragua's top t.v. anchorwoman or left medical school with a semester to go, I don't really see an adequate damages possibility. Also, I'm thinking a judge/jury would...

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  8. I,m marreid with two women wish to visit USA

    Answered over 3 years ago.

    1. Peter Lunt Ashman
    2. William D. Fong
    3. C. C. Abbott
    4. Kyndra L. Mulder
    4 lawyer answers

    A very good question. Technically bigamy is illegal in the U.S., but I'm not sure if they would actually enforce it if you tried. I'm told that the Sultan of Brunei has a compound of houses here in Las Vegas and routinely brings his wives here with him for visits. If you mean that you plan to bring them separately, then assuming they issue the visas, you should be okay. Otherwise, I have no clue what the immigration officers will do.

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  9. Husband is on ICE hold for 72 hours what are his chances for being deported

    Answered over 3 years ago.

    1. Peter Lunt Ashman
    2. Christian Schmidt
    3. C. C. Abbott
    3 lawyer answers

    Get legal advice ASAP. He may need to go back to court and have the plea renegotiated under Padilla v. Kentucky (google it). It is a deportable offense. Good luck, but you need help.

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  10. Does my stay here in US while the NVC is processing my husband petition for me and for our children affect the approval?

    Answered over 1 year ago.

    1. F. J. Capriotti III
    2. Peter Lunt Ashman
    3. Ajay Kumar Arora
    3 lawyer answers

    Not so fast... Did you say that your husband already filed adjustment of status applications? Is that what you meant when you said he paid the AOS and the immigrant visa processing fee? Why not just stay here and wait for them to get approved? The numbers are current in family 2B preference. As long as the decision to stay and adjust was made AFTER you arrived in July you don't have preconceived immigrant intent. You should talk to an expert about this, but I'm thinking you should just...

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