Skip to main content
Daniel Patrick Hanlon

Daniel Hanlon’s Answers

7,024 total


  • Stamping of f1 while traveling back from home country

    Hi, I am currently on h4 visa and have applied for F1-COS( which i am expecting to be received in September end). After that i will be applying for my OPT in oct first week. I need to travel to india in December first week. Considering i will be o...

    Daniel’s Answer

    Any travel requiring an application for a new visa can be a risky proposition and discussion of all relevant facts is warranted before making such a decision.

    See question 
  • Immigration

    Hi I got my green card CR6 in 2013 and now I've to renew but me and my wife we are not living together anymore from more than 6 months and now she want the divorce. She told me that she will sign the I751 form and mark the 1d section from divorce....

    Daniel’s Answer

    If the marriage is no longer viable, you will need to seek a waiver of the joint filing requirement. You cannot file under the "good faith waiver" exception, unless you are in fact divorced. You need to consult with an attorney.

    See question 
  • What is the benefits of immigration law for military members?

    What is the benefits of immigration law for U.S citizen member of military? Is this really help for the process? Is there any special treatment for spouse of military to move in U.S?

    Daniel’s Answer

    Yes, there are many programs in which military members and family are afforded preferential treatment in the US immigration law.

    See question 
  • Good faith waiver case in Immigration Court. How is the approval rate ?

    I married an USC and lived together for 2 and half months. Then relocated to my workplace for job. It is 1600 miles away from my wife's city. My wife promised to join me in Fall semester enrolling in local university. But it never happened. On ma...

    Daniel’s Answer

    You do not appear to have much choice. You either file jointly, which seems impossible at this point, or you seek your best waiver. Consult with an attorney.

    See question 
  • In Spain, pay for aparments in cash is something normal, I am not sure it is legal, but in small towns it is really common

    In our case, me and my fianceé we lived together in one apartment where our landlord wanted us to pay in cash (it was the only way, he didn't accept a contract). We have no receipt and no proof of having payed. In our album (proof or ongoing relat...

    Daniel’s Answer

    You need to demonstrate that you have met with your fiancee within the past two years and have a bona fide intention to marry.

    See question 
  • Does the job description on Labor Certification for GC need to match Labor Application for H1B regarding job roles/duties

    And what if the job duties change during the course of the Green card process?

    Daniel’s Answer

    Not necessarily, but consistency between applications based on the same position would generally be desired. Consult with an attorney.

    See question 
  • I have been granted prosecutorial discretion under which I can work with work authorization. What is my immigraton status?

    I have been granted prosecutorial discretion and can continue to legally work with work authorization. What is my current immigration status? I need to write it in my I 765 under current immigration status.

    Daniel’s Answer

    This depends on which application for relief you originally filed with the immigration court.

    See question 
  • Change of address

    I am from Nepal. I have filed an asylum which also includes my eight years old son. I filed an asylum from california. Its been more than three months, we have already done finger printings. Now I am moving to another state and I want to change my...

    Daniel’s Answer

    As long as you include your alien number, you should be permitted to submit the form.

    See question 
  • I94 Extension for B2 visa

    I am planning to extend the 194 for my mother for one more month.She is on B2 visa. I have the following questions. 1. When should I apply for i94 extension (She reached US on May first week and her I94 expires on November 10th). ...

    Daniel’s Answer

    Applications for extensions of B-2 status are frequently denied without a specific, articulable reason for the extension. You must file before the previous stay expires. I would not recommend returning after a departure of only one month,

    See question 
  • Can a person who is an Alien Granted Withholding, 243 (h), (a)(10) apply for permanent residency after marring a US citizen?

    I am an alien granted withholding, category (a)(10). I am now married to a US Citizen. My previous attorney told me when I get married, I would be able to apply for green card through marriage and become a permanent resident. However, I was deni...

    Daniel’s Answer

    You would have to reopen the removal proceedings in order to seek adjustment of status in these circumstances. Consult with an attorney.

    See question