Leon Ben Hazany's Answers

Immigration law, what is an immigration hold, deportation hold

An immigration hold basically refers to a document filed by the U.S. Immigration and Customs Enforcement or I.C.E. (the agency responsible for immigration detention and removal) which asks the law enforcement agency holding someone to release that person upon completion of their criminal sentence or detention to I.C.E. A that point the agency usually conducts an interview to determine if that individual is subject to being removed from the U.S. or not. They also decide other issues like: 1)...

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Mom entered as an illegal alien, i have always been a us citizen....can i apply for her without her being punished

Hi, in order to get the best answer possible you and your mom should meet with an experienced immigration attorney. Immigration Law is very technical and small details can make a big difference. For example it is very important to know exactly how she entered in the US because although your mom may believe she entered "illegally" she may actually have been inspected and admitted which might allow her to adjust her status in the United States. Also, she may be eligible to handle her case in a...

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Do i need to send two separate application for my parents i-130 petition?

The law requires you to submit two seperate petitions one I-130 for each parent. Once the I-130 petitions are approved they each need to submit their own application for consular processing (if they are processing outside the US) or adjustment of status (if they are processing in the US). Good Luck, Leon This answer does not create an attorney client relationship and is not a substitute for actual legal representation.

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Immigration adoption question??????

Hi, immigration issues involving adoptions can be tough. Generaly speaking you should be able to petition for your biologicial mother if you never obtained an immigration benefit from your adoption, but I could not say for certain without a closer examination of your case. Another difficulty is the fact that the case is at the Embassy. Thet can be tough to deal with at times and challenging their decisions is not easy. There are ways to get their attention and to make them apply the law...

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Is there a way to expedite the getting a greencard?

Typically these cases move quickly if done well, but not within a month. May be able to do some things to expedite the work permit if your adjustment of status case is pending. Good luck, Leon

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I am a resident alien in U.S. for 41 years and now have a felony attempted armed robbery conviction.Will I be deported ?

Hi, more information is needed. To determine if your conviction is one that would make you deportable an attorney would need to look at least at the charging document, plea form and plea transcript. If it is indeed a conviction that makes you deportable you may be eligible for a waiver or some other form of relief from removal. If you are not eligible for any form of relief from removal you will want to look into the possibility of post conviction relief. You may want to take a look at...

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How to avoid deportation to a legal resident?

The answer is maybe. Depends on the crime, depends on the way the criminal court records were prepared and it depends on the immigration history. Also there may be some forms of relief available despite the crime of the resident can seek post conviction relief. So it depends on many different factors. These can be some of the most difficult immigration cases. It is very important that you get the help of an experienced immigration attorney who handles these types of cases. For some more...

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Will a past petty theft charge affect my immigration/citizenship application

Hi, this is a tricky situation. You should try to find a criminal defense lawyer that works with an immigration lawyer knowledgeable about these issues. The best would be if you could get the prosecutor to drop the charges. Talk to an attorney! You don't want this on your record (not just for immigration - but also because a conviction can have a negative impact in other areas of your life). Good luck!

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Removeable immigration proceedings.?

Hello, this is not an uncommon situation. Assuming the Dept of Homeland Security (DHS) can establish that the second offense either independently or in conjunction with the first criminal offense makes you inadmissible you will need to seek some type of relief from removal. DHS frequently argues that since you already received a waiver a second one is not available to you. I am not sure they are correct about this in your particular situation because the second offense took place prior to their...

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I wanna to get marry an american girl to get my visa. is that possible?

It might be possible. If you entered into a valid marriage with a US citizen you may be able to obtain lawful permanent resident status (it will be conditional) if you apply based on marriage that is less than two years old. But, just marryng a US citizen itself does not mean you are eligible. There is a lot more to it. A major issue is first to make sure if you are even eligible and second if you are eligible, whether you can apply in the US or if you have to return to your home country to...

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