Donald Kyle Sheppard’s Answers

Donald Kyle Sheppard

San Diego Immigration Attorney.

Contributor Level 5
  1. MY HUSBAND WAS DEPORTED AND I WAS DENIED FOR MY SENTRI. HOW IS IT POSSIBLE TO DENY ME A SENTRI BASED ON HIS DEPORTATION?

    Answered about 2 years ago.

    1. Donald Kyle Sheppard
    2. J Charles Ferrari
    3. Robert West
    4. Elizabeth Clare Surin
    4 lawyer answers

    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.

    Selected as best answer

  2. Do I need to be currently enrolled in school?

    Answered almost 2 years ago.

    1. J Charles Ferrari
    2. Giacomo Jacques Behar
    3. Donald Kyle Sheppard
    4. Tsirina Goroshit
    4 lawyer answers

    Not if you have already received your high school diploma.

    2 lawyers agreed with this answer

  3. Change of status from F1 to F2

    Answered almost 2 years ago.

    1. Giacomo Jacques Behar
    2. Donald Kyle Sheppard
    2 lawyer answers

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

    2 lawyers agreed with this answer

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

    Answered almost 2 years ago.

    1. J Charles Ferrari
    2. Giacomo Jacques Behar
    3. Donald Kyle Sheppard
    4. Mary Carmen Remigio Madrid-Crost
    4 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered almost 2 years ago.

    1. Miroslava Orduno Rincon
    2. Donald Kyle Sheppard
    3. Neil Ian Fleischer
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered almost 2 years ago.

    1. Donald Kyle Sheppard
    2. J Charles Ferrari
    3. F. J. Capriotti III
    3 lawyer answers

    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.

  7. 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 ?

    Answered almost 2 years ago.

    1. Donald Kyle Sheppard
    2. F. J. Capriotti III
    2 lawyer answers

    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.

  8. 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

    Answered almost 2 years ago.

    1. Donald Kyle Sheppard
    2. J Charles Ferrari
    3. Alan Douglas Dobson
    3 lawyer answers

    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.

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

    Answered over 2 years ago.

    1. J Charles Ferrari
    2. Donald Kyle Sheppard
    3. Neil Ian Fleischer
    4. Andre R. Olivie
    4 lawyer answers

    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...

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

    Answered over 2 years ago.

    1. Grady G Gauthier
    2. Kyndra L. Mulder
    3. Donald Kyle Sheppard
    4. Neil Ian Fleischer
    4 lawyer answers

    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.