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Javier G Pineda

Javier Pineda’s Answers

2,242 total


  • Why is my case taken almost 20 months without an answer ?

    App submitted on 11/20/2012, biometrics taken on 12/20/2012. After my bios were taken I have received no letter,no email and no calls from USCIS. Called them on 10/2013 ask for a service request, said for me to wait 30 to 90 days for an answer. Af...

    Javier’s Answer

    Another suggestion is to do an inquiry with the DHS Ombudsman's Office. Fill out form DHS-7001. See http://www.dhs.gov/case-assistance. Good luck.

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  • I am a US citizen and want to petition for a change of status for my husband, once the petion is in does he have to leave the US

    He is here with a Visa and it has not expired I would like to know if he has to leave th US or if once the process is started he can stay. His visa is for 10 years and he has to leave every 6 months.

    Javier’s Answer

    It appears he is eligible to apply for residency in the United States and would not have to leave. See a lawyer to understand the process and procedure before applying. Your husband's immigration history has to be evaluated to properly advice you. Good luck.

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  • I am awaiting my interview date from uscis. will my green card still be for 2 yrs since i have been married for 13 months?

    Been married for 13 months

    Javier’s Answer

    Yes, assuming everything goes well, you will be a conditional resident. Good luck.

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  • Phoenix lockbox I-485

    I sent my I485 application to Phoenix lockbox as a direct application based on my husbands employment based greencard pending application.Would anyone know how long the receipt notices from phoenix is taking now? It's would be 3 weeks tomorrow but...

    Javier’s Answer

    Last one I filed took ten days from the time USCIS received my client's applications and issuance of the receipt. Depending on how you sent it (certified mail/ups/fedex) maybe you can trace it. Three weeks seems like a long time. Good luck.

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  • Hello, I had an interview(I-485) on April 16th 2014 at local office and priority dates are current ,

    Hello, I had an interview(I-485) on April 16th 2014 at local office and priority dates are current ,Immigration officer said everything looks good we will mail you the decision in 60 days.today ie 05/20/14 I got an email saying that case as been ...

    Javier’s Answer

    Yes, make an infopass appointment and see what is going on. If everything looked good at the interview, then transferring your case does not make sense. Good luck.

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  • Interviewed on April 24, waiting for the decision , is there any way check online?

    Interviewed on April 24, waiting for the decision , is there any way check online?

    Javier’s Answer

    You can, but it wont tell you much. Sometimes the online system does not get updated, so it may not help you much. Good luck.

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  • Adjusting My Children

    I am a US Citizen but my children were born in Mexico. We moved back to the US in 2005. I want to adjust my kids, they did not enter as permanent residents. Their I-130s have been approved. Will they have to go back? Do I file the DS 230 or I-48...

    Javier’s Answer

    Well, before you do anything else, I suggest you make an appointment and consult with an experienced immigration attorney. If you were a US citizen before the birth of your children and you meet certain requirements, your children may be US citizens already. If they are not US citizens because you do not meet the requirements, then the next steps depend on how your children entered the U.S. Good luck.

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  • Immigration denied my husbands citizenship application, can he lose his resident card too? It will expire next year.

    he applied for citizenship a few months ago but the immigration officer denied his application and told him that she will turn in his application to her seniors and they will make the final decision. We are still waiting for an answer. His residen...

    Javier’s Answer

    Not enough information. The crime that he committed 7 years ago is important to the evaluation. If he is subject to being deported and USCIS denies his naturalization, then USCIS will issue a notice to appear in Immigration Court. If he is not eligible for a defense, then, yes he can lose his residency. See an experienced immigration attorney as soon as possible. Good luck.

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  • ICE gave my husband a protection for one year from June 2013 to June 2014. What should we do?

    My husband got a ticket and few months later ICE went home to arrest him. He get out the same day paying a bond and ICE protected him for 1 year. ICE give him a court day for June, 2014 but the judge change his court day for March, 2015. My husba...

    Javier’s Answer

    See an experienced immigration attorney as soon as possible. If he entered the US legally and you are a US citizen, he may be able to apply for legal residency. His immigration history and criminal history has to be evaluated. Good luck.

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  • How do we go about submitting a successful I-601 waiver for father?

    My father who is the principal applicant of an approved petition got called to his consular interview where he was denied on grounds of unlawful presence in the US for over a year. He is currently serving his 7th year out of his 10 year ban. Th...

    Javier’s Answer

    A waiver of the 10 year bar for unlawful presence can only be waived by proving extreme hardship to a qualifying relative and showing that the applicant merits a favorable exercise of discretion. Only Legal Permanent Resident of US citizen spouses or parents are qualifying relatives. In your set of facts, your father's US citizen spouse is not a qualifying relative any longer and as you state, his mom has moved outside the US, proving extreme hardship seems unlikely. Without extreme hardship, you can only wait until the 10 years are completed. Just curious, who filed the petition for your father?

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