Floyd J. Fernandez’s Answers

Floyd J. Fernandez

Valencia Immigration Attorney.

Contributor Level 17
  1. Can i apply for a green card outside US, once i got married here (colorado state)?

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Floyd J. Fernandez
    3. Igor Serbinin
    4. J. Thomas Smith Ph.D.
    4 lawyer answers

    While your wife can certainly petition for you, and you can apply from outside the USA, you are best advised to remain. You are able to pursue adjustment of status with the I-130 petition, even after you overstay, because you initially entered legally. Applying outside the country, since you are in overstay status, could render you susceptible of being barred from a legal immigration visa, as a policy of U.S. Dept. of State or Border & Customs Enforcement.

    6 lawyers agreed with this answer

  2. Was process through ICE, Immigration gave me a NTA. Please clarify and what's my options?

    Answered 4 months ago.

    1. Lawrence M. Kasen
    2. Floyd J. Fernandez
    3. Otis Carl Landerholm
    4. Robert Kennedy O'Reilly
    5. Ashkan Yekrangi
    6. ···
    6 lawyer answers

    You would have to tell me how "long ago" your conviction took place. There are some instances that a fraud conviction can be waived if done before you had been a legal resident for at least 7 years, others exemptions exist as well. However, an aggravated felony cannot be expunged or dismissed for what appears to be administrative reasons. Like the other counsel said, an experienced attorney is absolutely needed for you at this time.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Immigration deportations.....will the reform help my good friend?

    Answered over 1 year ago.

    1. Samuel Patrick Ouya Maina
    2. Perry Sai-On Chan
    3. Alexander Joseph Segal
    4. Pradeek Susheelan
    5. Floyd J. Fernandez
    5 lawyer answers

    Your friend is in a bad situation. If he attempts to go back and is caught, he will be held, and probably processed out with an expedited removal order, which will make him likely to get a permanent ban that cannot be reviewed by even an immigration court or court of appeals. Unfortunately, he is in a position of having to remain in the country and wait to see if the proposed immigration reform law is successfully passed.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Is it possible to adjust from "visa waiver" to having a work permit if you already have just a US social security number?

    Answered 4 months ago.

    1. Floyd J. Fernandez
    2. Brett A. Borah
    3. Morrie Pour Nourian
    3 lawyer answers

    First, a C-1 crewman's visa blocks you from adjustment of status or any other legal visa, without departing the U.S. Second, a Social Security number does not allow you to work legally, without a valid and unexpired visa, including the J-1. You also cannot obtain a green card after first entering under the visa waiver program. But if you leave and apply for a B-2 travel visa and are readmitted, you can apply for work visas. Consult with an attorney before moving forward.

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  5. Application type for I 485 form a and b

    Answered 3 months ago.

    1. Floyd J. Fernandez
    2. Andrew T. Brooks
    2 lawyer answers

    Hopefully you two are filing your I-130 with an I-485 (or I-765 work authorization) as part of the total package. She is petitioning for you as an Immediate Relative, so you mark part 2 application type A.

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  6. My boyfriend has been arrested for Trespassing.... He also has a immigration warrant: Severity F What does the F stand for?

    Answered 4 months ago.

    1. Eric Edward Rothstein
    2. Floyd J. Fernandez
    3. C. C. Abbott
    3 lawyer answers

    In addition to Messrs. Rothstein and Abbott, I would have to say that he may have a problem if he has no immediate family who are U.S. citizens or legal residents for whom he may claim a basis for relief before an Immigration Judge. But one thing for sure, he must insist, if he has been here for more than 2 years, that he be held over for proceedings rather than allow them to remove him. He may also be eligible for DACA-deferred action relief, too. But get him a lawyer, and fast!

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  7. Hi, I'm a Fulbrighter and have been in the US for almost 4 years in a J1 visa. Is there any chance to wave the 2 year HHR rule?

    Answered 4 months ago.

    1. Floyd J. Fernandez
    2. David Michael Gottfried
    2 lawyer answers

    The fact is that your country's embassy-consulate must approve the waiver of the J-1 2-year return requirement. The fact that you have already been here on a J-1 for 4 years, longer than the 2-3 years that are the minimum before the 2-year separation is imposed indicates to me, however, that you already may have been exempt, which makes your concern about getting an extension puzzling. You definitely will need an attorney for this matter.

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  8. Where does a 17year old undocumented teen start?

    Answered 4 months ago.

    1. Galorah Keshavarz
    2. Andrew John Bartlett
    3. Lawrence M. Kasen
    4. Zhulmira Enith Paredes
    5. Floyd J. Fernandez
    6. ···
    6 lawyer answers

    Yes, as the others said, if he has no serious criminal offense record (felony, 2 misdemeanors, no drug or DUI), then he is eligible for DUI. Also, I would be wanting to know what the mother's status is. If she is legally drawing welfare and is not an illegal public charge, she may herself be a legal resident. I would really want to know what her situation is, and besides, she may be eligible for cancellation of removal, if she has been here for over 10 years. An experienced attorney would...

    2 lawyers agreed with this answer

  9. When do our EAD cards become valid again, once a service motion to reopen is filed or approved?

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Samuel Patrick Ouya Maina
    3. F. J. Capriotti III
    4. Floyd J. Fernandez
    4 lawyer answers

    Even though the Motion to Reopen time period has passed, if the error can be shown as being egregious---really bad, then the USCIS can be requested to reopen sua sponte, on their own initiative, or get a motion to reconsider for your client, filed with the USCIS.

    2 lawyers agreed with this answer

  10. EB3 current - will I still need to file a new I-140 due to change in employment location?

    Answered 3 months ago.

    1. Alexander M. Ivakhnenko
    2. Floyd J. Fernandez
    3. Alexander Joseph Segal
    3 lawyer answers

    If the employer has basically continued the same job description, and has made the hiring availability beyond the state where you were originally hired, no labor cert is necessary. Otherwise they, the employer, may need to do a new LC application, due to changed circumstances affecting whether the employer has made best efforts to make the job available to U.S. workers.