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Javier G Pineda

Javier Pineda’s Answers

2,242 total


  • 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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  • Hello i am on U status can i marry someone who comes to states on a B1/B2 visa... can she get the U2 status on my behalf..

    How long it takes from the date of filing and what paperwork is required. I have a stable job, paying taxes, have a residential property also...

    Javier’s Answer

    If you already have an approved U visa, then no. See an experienced immigration attorney to understand the road ahead. Good luck.

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  • Hi, my husband abandoned his status as permanent resident of the Unite States in 2010. Now he wants to come back. What to do?

    His father past and he became depressed, at that time the children were with his sister and constantly complained about being force into the situation of taking care of our children. Our situation looked hopeless at the time, and he felt pressure...

    Javier’s Answer

    Take the time to consult with an experienced immigration attorney. More information is needed to properly advice you. It cannot be done in this forum. Did he fill out form I-407 to officially abandon his LPR status? If not, he may still be a LPR. Take the time to see a lawyer.

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  • I'm A USC and got married to a USC with a non-USC child who arrived on VWP. Can I apply for adj of status or will he be deporte

    I'm USC and married a USC (lived outside of US). Her UK citizen child arrived via VWP. Can I apply for adjustment of status now that we are married? Does it matter if he has overstayed the VWP of 90 days? Do I file an I-130/ 485?

    Javier’s Answer

    Take the time to talk to an experienced immigration attorney to determine if your step-child is already a US citizen. If not, then child must be under 21 to be able to file for adjustment of status. Good luck.

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  • How I can I get a denied application back from uscis?

    My sister who is a Haitian national applied for tps back in December 2011. Her case got denied because she couldn't provide enough evidence that she has been residing in the U.S since July 2011. Now the uscis has extended the deadline until July ...

    Javier’s Answer

    Based on those facts, she was not in the United States in July of 2011. She was outside the country from May 2010 to September 2011. Seems to me she cannot prove one of the requirements for eligibility for TPS.

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  • I have a pending I-130 for parents. They just moved to a new house in the same city. Do I need to report address change?

    The I-130 is in an initial review phase. Form AR11 is primarily for the petitioner's address change and not the beneficiery. Some forums are advocating waiting till the I-130 is approved and then contact NVC. Others are saying to mail the address ...

    Javier’s Answer

    Wait until the I-130 is approved. Then update their address with the National Visa Center. They do not receive anything from USCIS.

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  • What happen to my status as a permanent resident if me and my husband will get divorce?

    my husband is in jail and i am in my 2 years green card which is expired next year. what happen if we get divorce? what happen to my status? he will be registering as a sex offenders. are we still allowed to be together? i have a son, is he still ...

    Javier’s Answer

    Take the time to schedule a consultation with an experienced immigration attorney as soon as possible. The law provides a method for you to retain your legal residency even if you get a divorce. See an immigration lawyer. I also recommend you see a family law attorney.

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  • Is I-601A provisional waiver approval valid if beneficiary left USA and reentered USA as EWA after waiver approval?

    I-601A approved, beneficiary left USA for consular IV interview. Under INA 221(g), consulate requested second medical exam in 6 months. After interview, applicant reentered USA as EWA again (and plans to leave USA in 6 months for medexam and consu...

    Javier’s Answer

    No. Applicant is now inadmissible under section 212(a)(9)(C) of the Immigration & Nationality Act. Applicant is barred for 10 years and there is no waiver. Applicant needs to stay outside the US for 10 years prior to being able to immigrate. Top make matters worse, applicant will then still need a waiver to be able to return legally to the US.

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  • I'm a DACA applicant and if i got married with a u.s. citizen how long before i become a resident and would i have to leave ?

    Me amd my girlfriend have been datun for 6 months.shes a mother of 2 would it help if i adopted them?

    Javier’s Answer

    Assuming your DACA application has been approved, you may have a couple of options on how to proceed. I suggest you take the time to consult with an experienced immigration attorney in your area to learn local USCIS policies. You may be able to apply for Advance Parole, if approved and once you return, you may be able to apply for permanent residency in the United States. Otherwise, you may be looking at filing a provisional waiver, which cannot be analyzed in this forum. Best advice, see a lawyer. Good luck.

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