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Donald Kyle Sheppard

Donald Sheppard’s Answers

12 total


  • Do I need to be currently enrolled in school?

    I am eligible in every aspect of the deferred action requirements. The only thing I am a but confused is the school aspect. I graduated in 2001 but I have been hearing that this alone does not automatically make me eligible. They say I must be ...

    Donald’s Answer

    Not if you have already received your high school diploma.

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  • RFE signature problem(I put in blue ink they specified black)so iam not post that mail.where I get the same paper again.

    I applied for l2 ead my biometrics is complited after that RFE came.they are asking signature and photographs.in that paper I signed blue ink but that paper is asking the sign should be black .I saw that after sign.so iam not post that mail .way b...

    Donald’s Answer

    You may want to call USCIS and ask for a duplicate RFE sot hat you can sign in black and return with the other documents.

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  • My wife has won the DV lottery, she has sent the required forms and documents for both of us. what is the next step for me ?

    I am now in U.S. on student visa. should I get back for the interview or I can take advantage of Adjustment of Status ?

    Donald’s Answer

    you should carefully navigate this situation because of timing and the fact that the visa must be issued in the fiscal year that she won. I am also unable to tell if your wife is also in the US as that would impact my answer.

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  • Change of status from F1 to F2

    Currently my husband and I are on F1. But I plan to withdraw from school. I submitted an application to change my nonimmagration status from F1 to F2, and received the case receipt notice online. If I withdraw from school, my F1 will be invalid. ...

    Donald’s Answer

    When you file a non-frivilous change of status application you are in a period of stay authorized by the attorney general.

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  • Am I eligible to apply for Naturalization under the three year rule if:

    I have been a permanent residence since 2005, but I only fulfill the physical presence requirements based on the last three years. I have been physically present for more than 18 months during the past three years. I have never broken the contin...

    Donald’s Answer

    Yes, you do qualify and need to apply based on three years as you indicated you would not qualify if it was based on the past five years. However, you will need to show validity of your marriage if you are filing based on the three year period so you should be prepared to do that at the time of interview.

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  • If my current F-1 OPT expire on September 15th, How long can I legally stay in USA? (OPT can not be extended anymore.

    If my current F-1 OPT expire on September 15th, How long can I legally stay in USA? (OPT can not be extended anymore.

    Donald’s Answer

    If no pending change of status or extension then a person is normally permitted to stay 60 days after his/her program of study or OPT ends.

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  • What is included on I-94? Ordering a replacement I-94 @ request of USCIS during Info Pass. My I-485 is stalled. Using form I-102

    My passport was stolen in 2001 so I have no record of my legal entry. I scheduled a meeting with USCIS through Info Pass & they told me I can order a replacement I-94 to show my legal entry to USA. My story is as follows: I entered with a 6 month ...

    Donald’s Answer

    When filing the Form I-90 to request the replacement I-94 card you should specify that you are requesting that they check their records from October and November. Also, it shouldn't be that difficult for you to research old bank statements and itineraries for flights to figure out the exact date of travel. If you know the airline, maybe they can search their records.

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  • MY HUSBAND WAS DEPORTED AND I WAS DENIED FOR MY SENTRI. HOW IS IT POSSIBLE TO DENY ME A SENTRI BASED ON HIS DEPORTATION?

    MY HUSBAND WAS DEPORTED. I APPLIED FOR MY SENTRI AND WAS DENIED BECUASE OF HIS DEPORTATION. WE HAVE A CHILD TOGETHER SO I HAD TO MOVE TO MEXICO SO HE CAN HLEP ME RAISE MY SON. I HAD TO LEAVE MY DAUGHTER IN THE USA WITH HER DAD BECAUSE HE WILL NOT ...

    Donald’s Answer

    • Selected as best answer

    The fact that your husband has been deported is most likely a hightened risk factor for consdiering whether you should be in the trusted Sentri program. I know of multiple situations where Sentri approval is impacted by family members so it is not uncommon. Also, you shoudl consult with an immigration attorney to determine if there are any avenues to sponsore you husband for residence in the US.

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  • I am a U S citizen and want to file for my sister who entered the US legally but overstayed?

    My sister who just turned 21 entered the U S legally on a passport and Visa from the caribbean which is her place of birth, she overstayed for almost 8 years now, I know that I can file for her but I have a few concerns: she is currently in the U...

    Donald’s Answer

    Assuming she has not been sponsored for a visa or labor certification previously and eligible for 245(i), she will need to consular process when the visa number is available which coudl be 10-12 years. Whens he departs the US she will trigger illegal presence which is bar to returning without a wavier and it is unclear if she has a qualifying relative for the waiver. If she has more than one year illegal presence she will not be permitted to return for 10 years. As mentioned above, the filing of a visa petition does not give her permission to remain in the US.

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  • If someone plans on flying to hawaii as an illegal immigrant with a valid drivers license will TSA be alerted?

    someone asked me if I knew the above response and hence I am turning the question over to you

    Donald’s Answer

    Most flights to Hawaii will be from an interntaional airport which will incrase the likelihood that a CBP officer could ask for a passport even if it is a domestic flight. It is a risk that most don't take since it only takes being stopped one time to change a person's life.

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