Win Chester Eaton’s Answers

Win Chester Eaton

Bakersfield Immigration Attorney.

Contributor Level 10
  1. If I cant find a sponsor for my husband at all what's gona happen

    Answered over 1 year ago.

    1. Myron Russell Morales
    2. Win Chester Eaton
    3. F. J. Capriotti III
    4. Tripti Sharad Sharma
    5. Dean P Murray
    5 lawyer answers

    Very few people will qualify for an exception to filing the I-864 affidavit of support. However, if you have worked legally in the U.S. for 10 years or you have credit from your parents you may qualify. The regulations state as follows: * Any intending immigrant who has earned or who has been credited with 40 quarters of work in the U.S. In addition to their own work, intending immigrants may be able to secure credit for work performed by a spouse during marriage and by their parents while...

    2 lawyers agreed with this answer

  2. Conditional resident arrived 6 weeks ago. Wife cheated.

    Answered over 1 year ago.

    1. Theodore John Murphy
    2. Samuel Patrick Ouya Maina
    3. Win Chester Eaton
    4. Heather Roberts Majam
    4 lawyer answers

    I have a slightly different take on your facts. First of all - the fact that you had a valid marriage is the most relevant fact in your situation. In the absence fraud, the objective of I-751 process has one and only one mandate - to determine whether the marriage was valid - when the marriage was entered into. The fact that the marriage did not last two years is irrelevant to the question of whether there was a valid marriage when it was entered into. Even if you and your spouse are separated...

    2 lawyers agreed with this answer

  3. Deferred Action Law question

    Answered over 1 year ago.

    1. Win Chester Eaton
    2. Elliot M.S. Yi
    3. Virginia Tinoco
    3 lawyer answers

    I would not give up on DACA out of hand. You may qualify if the circumstances of your departure and return are determined to meet the guidelines of brief, casual, and innocent. DACA is discretionary and can and may be granted even if your circumstances do not fit squarely within the USCIS guidelines. You have compelling facts - original entry at an early age and it appears you were approximately 15 when you returned in 2009. Please consult with an immigration attorney for clarification before...

    2 lawyers agreed with this answer

  4. Can i buy a one way ticket instead of a roundtrip?

    Answered almost 2 years ago.

    1. J Charles Ferrari
    2. Win Chester Eaton
    3. Michael Charles Doland
    4. Gintare Grigaite
    4 lawyer answers

    It sounds to me as though you have not yet fully realized the newly acquired benefits of U.S. Citizenship. I am assuming you have acquired a U.S. Passport and you will be traveling under that passport. If so U.S. Customs and Border Protection is not concerned about your ticketing. If not - you should do so before traveling. Forget your past inconveniences and travel suffering and enjoy the full benefits of U.S. Citizenship.

    2 lawyers agreed with this answer

  5. Change in online status updates

    Answered over 1 year ago.

    1. Win Chester Eaton
    2. Alexander Joseph Segal
    3. Dwight David Myfelt
    3 lawyer answers

    You will have to wait until the letter arrives to see for certain what has been decided. Do not assume the worst. Each case is different. Because one case is denied on similar facts does not mean that your case will be denied. Your decision letter should arrive very soon.

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  6. Blank I-94# in the bottom portion of my 797A Notice for COS from H4 -> F1 (But has all other info correctly)

    Answered 3 months ago.

    1. Win Chester Eaton
    2. F. J. Capriotti III
    2 lawyer answers

    Consult with your DSO. To check your I-94 - use the online CBP page at https://i94.cbp.dhs.gov/I94/request.html

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. Is there any way i can legalize my husband at the age of 18?

    Answered 10 months ago.

    1. Win Chester Eaton
    2. Lynne Rogers Feldman
    3. Maria J. Marty
    3 lawyer answers

    With a legal entry - providing he has not left the country, he should be able to adjust status (get a green card without leaving) under INA 245(a). This is possible providing you are validly married and there are no other disqualifying factors. You should contact an immigration attorney to evaluate your situation.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. Do I qualify for Deferred Action?

    Answered over 1 year ago.

    1. Elliot M.S. Yi
    2. Win Chester Eaton
    3. J Charles Ferrari
    3 lawyer answers

    Because your entry was so close to your 16th birthday and because DACA applications are adjudicated based on a totality of the circumstances it is possible you will qualify. The question is a matter of proof - can you submit any evidence that you were here prior to your 16th birthday? Admissible evidence can be in the form of a sworn affidavit from a neighbor, employer, landlord, friend, family member etc. Essentially you need to dig deep and try to remember who you were in contact with on the...

    1 lawyer agreed with this answer

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  9. Two Employers want to file H1B petitions this year . is that legal ? Dual filing ?

    Answered over 1 year ago.

    1. Alena Shautsova
    2. Philip Alan Eichorn
    3. Eugene Andre Ahtirski
    4. Win Chester Eaton
    5. Samuel Patrick Ouya Maina
    5 lawyer answers

    There is no legal impediment to more than one employer filing an LCA and I-129 with you as the beneficiary but you may frustrate one of them if you have no intention of working for them. Don't burn bridges - you may find yourself hurt in the future by doing so. You also could face fraud or restitution action from the employer you reject. Or - on the other hand you may be planning to work for both employers at the same time by working different shifts or some other arrangement. Operate with full...

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    1 person marked this answer as helpful

  10. Will a pre-trial diversion program which is kept till the DA(not to be released) lead to problems in applying for h1?

    Answered over 1 year ago.

    1. Robert Louis Brown
    2. Win Chester Eaton
    3. Samuel Patrick Ouya Maina
    3 lawyer answers

    A Pre Trial diversion - sometimes called a slow plea, in many jurisdictions could be shared with ICE. If properly dismissed by the DA and the court you may get lucky. Frankly, it is very much dependent on the seriousness of the charge. If convicted would the conviction render you inadmissible or subject to exclusion on reentry? You should talk with an immigration attorney before entering into an agreement.

    3 lawyers agreed with this answer