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David Dene Murray's Answers

David Dene Murray
Newport Beach Immigration Attorney.
Contributor Level 14

1

Attorney answers:

  1. David Dene Murray

Is an immigration sponsor responsible for immigrant beneficiary receiving federal assistance

Asked by a user in Sunnyside, WA - almost 4 years ago.

It seems your deadbeat relatives may be taking advantage of you. The statute regarding the Affidavit of Support, Form I-864, states clearly that in order for an alien to immigrate through a family-based petition, and some employment-based petitions, they must overcome the public charge ground of inadmissibility. Therefore, the petitioner on the Form I-130, Petition for Alien Relative, must execute and submit a legally enforceable Affidavit of Support on Form I-864. The second paragraph of the...

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4

Attorney answers:

  1. David Dene Murray
  2. Uzoamaka Angela Akpele
  3. Nicklaus James Misiti
  4. Ekaette Patty-Anne Eddings

Do I notify Immigration of my denied change of status when I file for the marriage based green card?

Asked by a user in Salt Lake City, UT - almost 2 years ago.

It will have no effect on your adjustment so long as you are marrying a US citizen and you do not have a 2 year foreign residency requirement on your J-1. If you have the 2 year, you cannot adjust to permanent residence until you have fulfilled this requirement, unless you are lucky enough to obtain a waiver. Consult a lawyer.

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3

Attorney answers:

  1. David Dene Murray
  2. Nicklaus James Misiti
  3. Ekaette Patty-Anne Eddings

My father becomes a USC before a was born ,but I was born abroad the country in wedlock,but I came ilegal to the US .

Asked by a user in Los Angeles, CA - almost 2 years ago.

You may already be a US citizen. You have a complex case and need to seek the assistance of an immigration lawyer in your local area. Phone consulations and internet advice are not sufficient to fully advise you on your particular matter because documents need to be reviewed and many questions asked and answered. Immigration matters are complex and require individual attention and analysis.

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4

Attorney answers:

  1. David Dene Murray
  2. Karen-Lee Pollak
  3. Nicklaus James Misiti
  4. Ekaette Patty-Anne Eddings

I am filing Form I-130 to immigrate my wife to the US. Do I need to file a Form I-130 for my wife's minor daughter also

Asked by a user in Alhambra, CA - almost 2 years ago.

The answer is simple . . . ABSOLUTELY! There is no derivative status here. The child must be petitioned as a step child. You should always use a qualified immigration lawyer when dealing with the USCIS. It is too easy to make a mistake and make the process last for years, or get denied.

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3

Attorney answers:

  1. David Dene Murray
  2. Nicklaus James Misiti
  3. Shah Iqbal Nawaaz Peerally

Can a friend get a visa if he caught once trying to cross the border?

Asked by a user in West Haverstraw, NY - almost 2 years ago.

This really requires the assistance of a qualified immigration lawyer. It will all depend on the specific facts of the case - whether he was deported, given voluntary departure, etc.

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4

Attorney answers:

  1. Carl Michael Shusterman
  2. David Dene Murray
  3. Shiva Pal Gill
  4. Lynne Rogers Feldman

I filed an I-130 for my brother, his wife, and his son in 2002

Asked by a user in San Jose, CA - over 1 year ago.

Any number of subsequent dependants can be added. Your brother is the principle alien and all dependents qualify under him. No problem, just call it to the attention of the NVC when the time arises. You would be well advised to have an attorney assist you in the consular processing portion . . . it gets complex.

1 person marked this answer as helpful

3

Attorney answers:

  1. David Dene Murray
  2. Shah Iqbal Nawaaz Peerally
  3. Ekaette Patty-Anne Eddings

What is the next step once the Fiance visa has been approved?

Asked by a user in San Diego, CA - almost 2 years ago.

The consular portion of the Fiance Visa is the most difficult. I suggest you consult a lawyer. The K-1 Fiancé/Fiancee Visa Important K-1 Factors: 1. The K-1 Visa allows you to invite your fiancée to America for a period of 90 days, during which time your fiancee must either marry you or return to her home country. There are no exceptions to this rule 2. No...

1 person marked this answer as helpful

3

Attorney answers:

  1. David Dene Murray
  2. Shah Iqbal Nawaaz Peerally
  3. Uzoamaka Angela Akpele

Who is an illegal alien?

Asked by a user in Pasadena, CA - almost 2 years ago.

It is simple, and I have written on this subject often. An illegal alien is someone who entered the USA illegally, without being inspected by an Immigration officer. An overstay is someone who entered the USA on a visa and went out of status by overstaying past the date their I-94 form required them to leave. The main difference is that if the Overstay marries a US citizen, he or she can adjust status in the USA at the local USCIS office. An illegal alien who marries a US citizen is required to...

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2

Attorney answers:

  1. David Dene Murray
  2. Thuong-Tri Nguyen

Eligibility for US citizenship

Asked by a user in Coalinga, CA - almost 4 years ago.

So long as you are still married and living with the spouse through whom you qualified for Conditional Permanent Residence, based on an adjustment date of 03/31/2006, you can file your Application for Natualization (N-400) after about December 1, 2008, three months prior to the three-year anniversary of your adjustment to permanent residence.

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3

Attorney answers:

  1. David Dene Murray
  2. Matthew C. Thomas
  3. Andre R. Olivie

My sibling petitioned for me in the year 2001 (i-130). I have five more years until my priority date and I want to get married.

Asked by a user in Tempe, AZ - over 1 year ago.

Marriage does not affect your status as Family Based 4th Preference. You spouse and children will be eligible to accompany you in your permanent residence visa application at the US consulate abroad when your priority date comes current.

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