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Javier G Pineda

Javier Pineda’s Answers

2,242 total


  • Can the priority date for F3 petition for derivative beneficiary be transferred to F2B petition?

    Grandmother filed f3 in 2005, cspa age will be over 21 and hence not eligible to get gc. My parents will file F2B petition after getting GC. Will I get priority date of 2005 or 2016?

    Javier’s Answer

    Unfortunately, the Supreme Court decision in Cuellar de Osorio says that you will get 2016. Good luck.

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  • I recently married a USC spouse on a B1 B2 visa. I would like to enroll for a study program and change status to F1.

    I want to apply for an F1 change of status instead of a green card. I want to enroll in an 8 months course here in the USA. Given our career objectives, we plan to return to my country to establish and have no intent to reside in the USA for now....

    Javier’s Answer

    You are already married to a US citizen, why not apply for legal residency. Much better option. Consult with an experienced immigration attorney. Good luck.

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  • I applied for asylum and had my interview a year ago with no answer so far,

    How ever I applied for the tps status 3 month ago and waiting an answer for that, can I go ahead and withdrawl my asylum case as I will have a tps status any minute now and what consequences can I face.

    Javier’s Answer

    Without knowing the strength of your asylum application, it would be irresponsible for any attorney here to advice you to withdraw that. I recommend that you have a consultation with an experienced immigration attorney to properly understand the risks and consequences. Good luck.

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  • Status upgrade after interview from F2A to IR1.

    I petitioned for my spouse under F2A category, I130 have already been approved, and we already had our interview on Nov 2013 in local Dallas Office, after that they asked for RFE(her status before we got married in US), which we already submitted....

    Javier’s Answer

    Wow! 2013? Make an infopass and take your naturalization certificate. Hopefully case is still open. Good luck.

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  • My husband has been an LPR since July 2012. Today I got an email stating that his name has been updated

    My husband has been an LPR since July 2012. Today I got an email update regarding that my husband's name has been updated in his 1-765 application. His status has been 'updated' .... It has been two years since a 1-765 has been applied for! ‪shoul...

    Javier’s Answer

    If he is a LPR, do not worry about the I-765 information. It is not important or relevant anymore. Good luck.

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  • Cross Chargeability for Adjustment of Status? What is it and can I benefit from it?

    I am a DACA beneficiary from Mexico, and have an I-130 petition filed for me by my US citizen brother in January 1998. I am married to my wife who is from El Salvador. An attorney told me that I can file for Adjustment of Status using "cross cha...

    Javier’s Answer

    The first attorney is correct. Section 42.12 of 22 C.F.R. and INA §202(b) determine to which country an immigrant’s visa is “charged” with respect to the per country visa issuance limitations of the INA. The general rule is that an immigrant’s visa is charged to the immigrant’s country of birth, not citizenship. However, there are exceptions to chargeability based upon country of birth. For example, an accompanying spouse can charge to the country of the principal spouse, and vice versa. Under your scenario, we can use your wife's country of birth and apply for adjustment of status. You could have done this years ago.

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  • Does VAWA cases get interview? The infopass appointment officer said they have documentation and file is in Vermont. Next?

    The officer said usually the interview is waived. If I am called for interview is that a red flag? Will it hurt me if I do infopass now?

    Javier’s Answer

    If you filed an I-360 under VAWA, an interview is not necessary. If you filed an adjustment of status in conjunction with the I-1360, you will be interviewed. VAWA covers other areas, for example, adjustment of status for U visa holders. Those cases generally do not get interviewed. Making an infopass to inquire about the status of a case is not a red flag. You should care about the status of your case. VAWA cases can take a long time to decide.

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  • Do I qualify for DACA?

    I came to the US in October 2008. I was 13 at that time, now I'm about to turn 19 this October. I'm in college now which means I have been in school since I came to the US.I have a clear record/background. no tickets no citations.

    Javier’s Answer

    DACA requires that you have continuously resided in the United States since June 15, 2007. So, no.

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  • Resident card ???

    I'm from Costa Rica enter legally to the states with tourist visa. I meet my wife and we got married... After months of married I received domestical abused and she went to jail... After this horrible experience I decided to move to Costa Rica. Ho...

    Javier’s Answer

    Well, maybe you have a case under the Violence Against Women Act. However, more information is needed and I recommend that you have a consultation with an experienced immigration attorney to see if you have options. There are time limits, do this as soon as possible. Good luck.

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  • I have a deportation

    I from west Africa I can't go back to my African.

    Javier’s Answer

    These types of cases are generally too complicated to provide meaningful advice in this forum. If you have a copy of your immigration file, consult with an experienced immigration attorney as soon as possible. Good luck.

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