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Javier G Pineda

Javier Pineda’s Answers

2,242 total


  • Second Petty theft; immigration consequences.

    I was convicted for Petty theft, with 2 years of probation and 1 day jail time in 2012, and again now in 2014 but probationary period ended, i was given citation for Petty theft. What if I get convicted again with minimum jail time and probation....

    Javier’s Answer

    We do not know your current status to be able to tell if it will be affected. We do not have enough information to determine if you can apply for a green card. Your full family, immigration and criminal history has to be reviewed. Last, committing multiple crimes involving moral turpitude has negative consequences on eligibility for immigration benefits. Consult with an experienced immigration attorney to properly evaluate your case. Good luck.

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  • Im in the army im planing on getting married with my fiance after my graduation and i have been a legal resident for 8 years im

    im in the army im planing on getting married with my fiance after my graduation and i have been a legal resident for 8 years im now 19 and so is my fiance. when she was 13 she came legally with a visa on her passport but because of her mom she ov...

    Javier’s Answer

    First thing you need to do file the paperwork to become a US citizen. As an active member of the military, special provisions may apply to you. Second, because your fiancee entered lawfully to the United States, once you become a US citizen, she will be eligible to apply for residency in the United States. Consult with an experienced immigration attorney to understand the process. Good luck.

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  • 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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