Richard Bennett Bracken’s Answers

Richard Bennett Bracken

Rialto Immigration Attorney.

Contributor Level 6
  1. How long after receive I-751 receipt notice, will I receive a mail to capture my fingerprint?

    Answered almost 2 years ago.

    1. Alexander Joseph Segal
    2. Richard Bennett Bracken
    3. Alena Shautsova
    4. Samuel Patrick Ouya Maina
    5. Stephen D. Berman
    6. ···
    6 lawyer answers

    I wouldn't be alarmed because you've received the receipt notice, so the case is moving. Normally a month isn't very long to wait in the world of USCIS anyways. It will probably come any day. Nevertheless, I just checked three active I-751 applications at random out of curiosity for you. All three biometrics appointments were made within two weeks of receiving the receipt notice. (They are all California cases, which can make a difference.) I'd probably give it a few more weeks and then...

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  2. What is obligated of the sponser after i am granted citizenship? how long is my sponsor under contract? thanks

    Answered almost 2 years ago.

    1. Richard Bennett Bracken
    2. J Charles Ferrari
    3. Alexander Joseph Segal
    3 lawyer answers

    Per the I-864, once you have been granted citizenship there is no longer an obligation to the sponsor. The rule is ten (10) years from sponsorship or until the beneficiary has citizenship.

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  3. I want to apply for citizenship. In 1996 I was charged with DUI and pleaded no contest. Will this be a problem?

    Answered almost 2 years ago.

    1. Kristin D Figueroa-Contreras
    2. J Charles Ferrari
    3. J. Thomas Smith Ph.D.
    4. Richard Bennett Bracken
    5. John J. Carney
    5 lawyer answers

    In addition to what my colleagues have stated, it is my experience that CIS won't grant an N-400 application until they have seen the official and final dispositions of all arrests. In situations where offenses have occurred out of the states in which my clients live, I ask them seek to obtain 'certified case printouts' for all arrests before they file the N-400. This is because obtaining such documents can take more time than CIS is willing to wait, should they ask for them at your...

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  4. What kind document should I file with the N400

    Answered almost 2 years ago.

    1. J Charles Ferrari
    2. Alexander M. Ivakhnenko
    3. Richard Bennett Bracken
    4. Kira Gagarin
    5. F. J. Capriotti III
    5 lawyer answers

    It is important that the court dispositions be "certified" by the court clerk's office. If the case is no longer on file you will need a certified letter indicating that there was "no record found".

    4 lawyers agreed with this answer

  5. Hello , Please see below a question regarding I 751 Waiver interview . Thanks

    Answered almost 2 years ago.

    1. Ji Min Kim
    2. Richard Bennett Bracken
    3. Alexander Joseph Segal
    4. Shachar S. Malachovsky
    5. Norma Lorenzo
    6. ···
    6 lawyer answers

    I would consider asking your attorney to reschedule your interview in order to try and buy some time for your divorce to finalize. If the interview takes place prior to the actual divorce the I-751 will likely be denied because you neither have a joint petition nor are eligible for the I-751 waiver due to the fact you are still married. It often takes several months for CIS to reschedule. By then, the January 2013 divorce you filed may be finalized.

    4 lawyers agreed with this answer

  6. Immigration reform

    Answered almost 2 years ago.

    1. Jeffrey Adam Devore
    2. Luis Raul Scott Jr.
    3. Michael Hugh Carlin
    4. Richard Bennett Bracken
    5. Jesus Novo III
    6. ···
    8 lawyer answers

    The bill you are referring to is not yet the law and can change dramatically. For this reason it's too early to effectively speculate. You do have reason to hope because December 2011 does appear to be a cut-off date that congress is currently considering. Your 2008 entry gives you good reason to hope. Nevertheless, be careful of anyone claiming to be able to qualify you under the current reform efforts because they can't. Be patient.

    4 lawyers agreed with this answer

  7. Do I need to file another I-130 if previous I-130 was granted, but never finalized and spouse was later deported?

    Answered almost 2 years ago.

    1. Richard Bennett Bracken
    2. Alexander Joseph Segal
    3. J Charles Ferrari
    3 lawyer answers

    I regret your circumstances. Your original I-130 is likely terminated, requiring you to file a new petition to start the process anew. Having said that however, your husband is almost assuredly inadmissible for a mandatory period of ten (10) years from the date of his last departure due to re-entering the U.S. without inspection five (5) years ago. This would mean, at a minimum, that he would not be eligible to even turn a waiver in for that period of time. Be careful of who you hire as you...

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  8. Received RFE on Petition to Remove Condition on Residence (Form I-751). What should be the next steps to respond?

    Answered almost 2 years ago.

    1. Alexander Joseph Segal
    2. Yolanda Navarrete
    3. Eric M. Mark
    4. Richard Bennett Bracken
    5. Michael Hugh Carlin
    6. ···
    6 lawyer answers

    CIS wants to see more evidence that you and your husband enjoy a joint life together. If you filed taxes together you might rectify the tax document issue by getting a "tax transcript" from your local IRS office. If you filed joint returns that is one way of showing proper filing. If you in fact have a joint lease agreement you can consider talking to your housing manager about executing a properly signed joint lease. CIS would be happy to receive anything else you have that supports your...

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  9. I justgot My EAD :) how do I get the ssn?

    Answered almost 2 years ago.

    1. Alexander Joseph Segal
    2. Richard Bennett Bracken
    3. Ji Min Kim
    3 lawyer answers

    Congratulations! Social Security Numbers are provided by the Social Security Administration. I have included a link below that should help you with the next step. Best of luck.

    3 lawyers agreed with this answer

  10. I129F

    Answered almost 2 years ago.

    1. Giacomo Jacques Behar
    2. Richard Bennett Bracken
    3. J Charles Ferrari
    3 lawyer answers

    This isn't a sign that things are going south on you. USCIS is just keeping you in the loop on their processing of your application. If you get a "Request for Evidence" (RFE) in the future there's something missing on your part that you should be discussed with an immigration attorney, in person.

    3 lawyers agreed with this answer

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