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Javier G Pineda

Javier Pineda’s Answers

2,240 total


  • Travel out side US while greencard removing condition in process?

    Hi. My father is in VietNam and his health is getting worse. I want to travel to Viet Nam to visit him. I already submited the greencard removing condition application and also received the reciept , and had my biomoetric taken. My question is can...

    Javier’s Answer

    I agree with the other attorneys, but I will add one more thing. Unfortunately, airlines do not always understand the meaning of the automatic extension on your conditional residency. I suggest you go to the USCIS office in Santa Ana with a letter from your father's doctor and get a temporary stamp on your passport. May avoid headaches.

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  • RENEWAL DACA: CHANGE OF LAST NAME

    i am currently under the law DACA have my permit and all. i have to now renew my permit and daca. a few months back i change my name to my married name. drivers license, bank statements, utility bills everything shows my married name. i would like...

    Javier’s Answer

    Just submit a copy of your marriage certificate. Do not send originals, unless specifically requested to do so. Good luck.

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  • Is biometrics needed before the issuance of EAD?

    I have not received my biometrics appointment

    Javier’s Answer

    Yes. If more than two months have passed since USCIS issued your receipt notices, give them a call. Good luck.

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  • Can I be approve for a I-6001 waiver?

    I'm married with an American u.s citizen for 2 years and half. We have a baby 16 months old. I go to school my husband too. I'm trying to get mi high diploma. He works and he go to school too. He work is 40 hours but also is required to work any h...

    Javier’s Answer

    I can tell you that it appears that you are eligible to apply for a provisional waiver (I-601A), but that is about it. Much more information is needed to determine if the facts in your case meet the extreme hardship standard. I suggest you meet with an experienced immigration attorney to properly evaluate all the facts in your case and give you an honest assessment. If you are trying to get your high school diploma, entered the US before June of 2007, you were under the age of 16 and you were under the age of 31 as of June 15, 2012 you may be eligible for Deferred Action. This may lead to other options. Take the time to see an attorney. Good luck.

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  • How long I need to wait to apply citizenship after renew my conditional green card ?

    How long I need to wait to apply citizenship after renew my conditional green card

    Javier’s Answer

    Assuming you remain married with your US citizen spouse and meet all other requirements, three years from the date you were granted your conditional residency. You need to be a legal permanent resident for three years. The two years as a conditional resident count towards those three years.

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  • Will this man be deported?

    I have someone that was arrested for choking his girlfriend and threatning to kill her, it is a felony, he has been in a county jail for two now, they say that even if we post the bond he wont be released because of an immigration hold, he is not ...

    Javier’s Answer

    Maybe, but without his complete immigration and criminal history, we cannot answer your question. If he was in immigration lock up before, what was the outcome of that case? What did he file that he is waiting for immigration to approve? What happened with his "false marriage" case? Your friend needs both a criminal defense attorney and immigration attorney to properly determine his legal options. Good luck.

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  • I-864 with 1 year tax return enclosed?

    I have got RFE to provide new joint sponsor. I asked one of my friends to sign Affidavit for me but he haven't filed tax returns for the past three years. He worked abroad and paid taxes there. Now he is working on filing them but it's gonna take ...

    Javier’s Answer

    If your friend meets the requirements, only 2013 taxes are required. Good luck.

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  • What makes immigration call a natural citizen by phone twice in 45 days?

    a friend received two calls from immigration. one is possibly based on an unfound tip. the other will possibly be proven guilty. based on the counts of phone calls, will immigration assume they are hiding something? will the naturalized person fi...

    Javier’s Answer

    • Selected as best answer

    I suggest your friend take the time to consult with an experienced immigration attorney. Providing the number of phone calls from allegedly immigration is not enough information to answer your questions. Assuming it is immigration that is calling your friend, then your friend needs to discuss the contents of the phone calls with an attorney so that he/she can properly evaluate the case. Good luck.

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  • The success rate for a US Citizen to petition for a parent who used to have bar to reenter US

    Hi. I am wondering if one of my parent used to a three year bar to reenter US. But that time limit has already passed. He had also applied for Asylum case in the past, but withdrew the case before a final conclusion was drawn. In thi...

    Javier’s Answer

    I suggest you take the time to consult with an experienced immigration attorney. If your father had an asylum application pending during the time he was in the US, he may not have accrued unlawful presence. If he did not trigger the bar, then a waiver is not needed. If he did trigger the bar and has been outside for 3 years, then no waiver is needed. Success rate, USCIS does not publish that. However, once you sit down with an attorney and all facts are known, the attorney should be able to tell you if he/she foresees any issues. Good luck.

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  • Is my vawa green card denied?

    I went for the vawa interview with my lawyer two weeks ago during the interview they noticed that I once went for adjustment of status but my ex wife with Drew her self from the partition, so I explained why she withdrew then the officer told me h...

    Javier’s Answer

    A VAWA adjustment is based on a "self petition", so there is nothing for ex-wife to withdraw. I do not understand your question. I suggest you call your attorney and have him/her answer your questions or concerns. If your case was not denied and you have not received a denial notice, then the officer has not made a decision on your case. Call your attorney.

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