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Floyd J. Fernandez
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Floyd Fernandez’s Answers

55 total


  • My husband has a c18 deportation Status. . Its has been 8 yrs since his deportation. how can he go about getting his papers back

    we are married and he has a child here in the US. He was deported in 2007 but is a refuge and has remained in the US. He has not been in any trouble and reports to the USCIS every year.

    Floyd’s Answer

    You will need to have an immigration attorney review the circumstances of your husband's deportation. It is possible that he is only held under his Order of Supervision because his country refuses to accept removal, due to "criminal" status. To obtain Reopen of his case, upon a special motion, it will take consent by the government attorney to join in a motion to reopen the case. Otherwise, it will be extremely difficult to avoid deportation, as soon as the government is agreeable.

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  • My daca expired today, my daca was lost in the mail it shows it was delivered but it wasn't. Is there a chance I will get fired?

    I was approved, my daca was never delivered and on the tracking number it shows it was delivered. Human resources stated she will have to speak to our immigration attorney to see if I will have to be terminated.

    Floyd’s Answer

    You need to file the I-765, enclose it with the notice of approval, so that you are not required to pay the filing fee.

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  • Expired L-1B, valid I-94. Marrying in US, new visa or change of status?

    I am in US on I-94 valid till 2017. My L-1B visa is expired. My fiancee is in US on her L-1B and we want to marry here so that I can apply for L-2 and EAD as her dependent. Will I have to apply for new L-2 or will it be a change of visa status? Pl...

    Floyd’s Answer

    The L-1B has expired, therefore you are out of status. For you to apply for L-2 you do need to apply for change of status, but you will need to depart from the U.S. before you have been out of status for more than 6 months, or you may obtain unlawful status, and be unable to apply, much less obtain a new entry visa as an L-2.

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  • Immigration N-400 form: did you commit a crime for which you were not arrested?

    4 years ago, someone made a stupid mistake of shoplifting a couple times but realized they r stupid and turned their life around and now they r studying in one of top 4 universities in US. Also, they used their debit card in the same store an...

    Floyd’s Answer

    I am going to be the dissident here. To make an admission of that occurrence, for which you were neither detained, cited, charged, convicted, or sentenced, suddenly imposes a criminal offense into your record. The N-400 questionnaire question demanding to state if you have committed an offense for which you were never arrested, and for which no one has knowledge is a violation of the U.S. 5th Amendment's prohibition against self-incrimination, and USCIS does not have the right to demand such from you. I counsel all clients who pose such question to always answer the question in the negative. That being said, you must be sure that the store does not have a record of your being detained. Admitting to the act will disqualify you from citizenship for at least another 5 years, since any offense within 5 years of the N-400 application is a disqualifier, and your friend can be referred to ICE for prosecution via removal proceedings, for revocation of legal residency and deportation. Don't give them ammunition to which they are not entitled. Your friend needs an attorney experienced in such matters.

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  • Proofs of relationship before marriage, can it be a proof of bona fide marriage? and is CP good when we both reside abroad?

    I met an American woman here in Egypt in 2007, we got involved, and we've been together for more than 7ys.Now we decided to get married right after i get my divorce from a previous US marriage. I intend to do consular processing after that, our si...

    Floyd’s Answer

    Yes, with your intimate collaboration on behalf of noble causes, your huge number of e-mails showing an intimate relationship (especially if many of the e-mails show romantic affection), and your romantic trips (especially these) to Europe and Turkey, you should be able to show bona fide marriage status, once you are married, and once your wife (by then) files a petition on your behalf. However, you will be challenged as to the reason she is petitioning for you and not your previous wife. Also, her eligibility to petition for you will depend on how long she has been outside the USA. You will need an attorney to advise you who is adept at U.S. immigration law.

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  • Im a us citizen What's the way to let my mom and dad have the green card if they are inside the USA and how long gonna take?

    They have kids under 21 ,if they got the green card can they apply for them right away or they have to wait until they be a citizen

    Floyd’s Answer

    If your parents came legally into the USA (either through valid visa or through admitted entrance--"waive through" at a port of entry), then you can file an I-130 petition for them and they can file for legal residence. If that is NOT the case, then they would have to have a waiver for their unlawful presence (which occurs once they have been in the U.S. more than 6 months). Even after they get a green card, they cannot petition for their children until afterward, and their children would be on a waiting list as under "priority preference" status.

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  • Marriage based Green card delay due to a DUI

    What kind of delay, if any, should I expect for my Family based (marriage to a naturalized US Citizen) adjustment of Status (Green card through marriage) due to a misdemeanor DUI? Will the process be delayed due to extra investigation, or...

    Floyd’s Answer

    Any criminal offense, especially one that involves any controlled substance possession or use, can render you "inadmissible", and therefore subject to denial of your adjustment of status application and removal. Delay could be the least of your worries, which is probably inevitable. A DUI, if a first offense and a misdemeanor, can be subject to waiver, but you DEFINITELY will need an immigration lawyer.

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  • My H1b was rejected last week. i am in-my home country now. can i come to US on h4 ? shall i go for stamping immediately?

    this is my 2nd rejection. first my OPT was rejected and now my H1 b rejected.

    Floyd’s Answer

    While your eligibility for h-4 (presumably as the spouse of an h-1b) holder exists, it is concerning that you have been turned down for both an OPT and H-1B. One is awarded in cooperation of your university ISO, the other exclusively through an application by you and the employer. If fraud involving you has occurred, you may be guilty of document fraud through Section 212 (a)(6)(B). The State Department officers at your country's U.S. consulate.

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  • A foreign citizen myself, I got married to an american citizen. But not long after I obtained my permanent resident card, valid

    for two years, my wife asked for divorce. What shall I do now if I don't want to be removed form the US in two years and still be able to claim for a green card when time comes?

    Floyd’s Answer

    You will need to file a request to waive the requirement to maintain marriage. That is done by having independent evidence, coupled with your amended I-751 Application to Remove Conditions on Legal Residence, to show that your marriage was bona fide; entered into for love and not merely for the immigration benefit. It can succeed, but you will need an attorney. Best to you.

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  • If for genuine reason, I was unable to attend the interview - will reapplying incur the same cost. Can some forms be waived?

    I was out of country as I was told "waiver of interview" My relative was serious and I attended to him. Eventually he passed away. We informed when the interview call came. But they abandoned and denied. I was on parole and came back much before p...

    Floyd’s Answer

    • Selected as best answer

    If this was an adjustment of status-green card interview, say based on marriage, the USCIS interview agent should have granted a continued appointment-a rescheduled new time. To deem your application as abandoned, and therefore denied, that was really harsh. Unfortunately, you will have to either request a reconsideration of your application, which will cost over $630, or you will have to file a new I-485, which with past record now of denial, will be more difficult, for USCIS will consider the factors of the past denial. However, the request to reconsider is available to you, and the filing fee can be waived. Call a lawyer to get the help you need.

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