Andrew Davies Holley’s Answers

Andrew Davies Holley

Chico Immigration Attorney.

Contributor Level 10
  1. Is police report and restraining order necessary to file a VAWA? I have been in an abusive relation, and I wish to file VAWA.

    Answered 6 months ago.

    1. Andrew Davies Holley
    2. Nareshwar Singh Birdi
    3. Matthew William Buck
    4. Guerline Ladouceur-Laurore
    5. Alexander M. Ivakhnenko
    5 lawyer answers

    Neither a police report nor a restraining order are necessary, but they certainly help, and they are the strongest evidence of abuse at the hands of a US citizen or lawful permanent resident. Cases have been won where the marriage and the subsequent abuse were well-documented with affidavits from friends and family, hospital and/or therapist reports, and letters from shelters and victim centers. But nothing beats a police reports and court dockets if you want a quick resolution of your VAWA...

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  2. Do I need a special immigration attorney if I got a DUI and Visa? My girlfriend is a US citizen and we want to get married.

    Answered 3 months ago.

    1. Andrew Davies Holley
    2. Giacomo Jacques Behar
    3. Morrie Pour Nourian
    4. F. J. Capriotti III
    5. John Joseph VanDervoort
    5 lawyer answers

    A first time DUI is not a big deal for visas or green cards. It can't be used to prevent you from obtaining a visa or a green card all by itself. However, what often gets a lot of visa applicants in trouble is failing to disclose or admit that there has been an arrest or conviction for DUI. If you did not reveal that DUI on your visa application, but then it came up on a database scan, that sounds like the reason that the border patrol officer was being tough on you. You should go over your...

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  3. Immigration

    Answered 3 months ago.

    1. Carl Michael Shusterman
    2. Stanley Dale Radtke
    3. Andrew Davies Holley
    4. Lawrence M. Kasen
    5. Erin J Lee
    5 lawyer answers

    It sounds like your father was convicted of both a controlled substance and a domestic violence violation. Immigration authorities take these types of convictions very seriously, and both types place limitations on an immigrants ability to ever return to the US once they have been ordered deported for such a crime. It would be a good idea to let an immigration attorney look at your records in person to discuss the possibilities.

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  4. Removal proceedings terminated... format of i485 interview

    Answered 3 months ago.

    1. Andrew Davies Holley
    2. Ashkan Yekrangi
    3. F. J. Capriotti III
    3 lawyer answers

    Congratulations on your marriage and in getting out of immigration court. The I-485 will be a similar format to the marriage visa interview (if you had one), in that an officer will ask you questions based on your application. There will still be some questions about your marriage, but most of the questions will focus on you and if you have left and come back to the US, if you have any diseases, committed any crimes, any fraud, were you a part of any groups in your former country. The...

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  5. I am a 20 year citizen, my boyfriend is illegaly here. How can i help him become legal? We have plans to get married.

    Answered 5 months ago.

    1. Andrew Davies Holley
    2. Ashkan Yekrangi
    2 lawyer answers

    There's a couple options for him. First, he may qualify for DACA - it's the new program that Obama introduced for young people brought to the US by their parents. If they're 31 or under on June 15, 2012, and they graduated from high school or college or are in school, and if they have no significant criminal incidents, they can stay in the US and have a real work permit with a valid social security number, which leads to a driver's license. There's a few other requirements, but those are the...

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  6. How to prove a bona fide marriage to the judge at the immigration court ?

    Answered 6 months ago.

    1. Giacomo Jacques Behar
    2. Scott Thomas Helsper
    3. Tripti Sharad Sharma
    4. Leah Luisa Tuisavalalo
    5. Andrew Davies Holley
    6. ···
    9 lawyer answers

    Immigration Judges do not have the authority to determine whether a marriage is bona fide or not. That is an issue left solely to USCIS officers, which they determine at the interview. The mandamus that the lawyer was speaking of is a writ of mandamus, and it is probably the way to go in your situation. A writ of mandamus is simply telling a Court or a Judge to tell USCIS to make a decision on an application. Writs are filed with the federal district court - not the immigration court. The...

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  7. I been charged with a 487 (A) and I am a resident permanent can I apply for my citizen with this charge?

    Answered 4 months ago.

    1. Andrew Davies Holley
    2. Giacomo Jacques Behar
    3. Hetinder Singh Gill
    4. Lawrence M. Kasen
    5. Alexander M. Ivakhnenko
    5 lawyer answers

    Calif PC 487(a) is grand theft. In the immigration context, theft is a type of crime involving moral turpitude. Crimes involving moral turpitude (CIMT) are significant because USCIS considers them when you apply for citizenship. The rule is you must have good moral character for the statutory period if you want to be approved for citizenship. If you got your green card thru marriage, the statutory period is 3 years. So the question is how did you get your green card. USCIS can still...

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  8. Can undocumented alien be released from prison early if he self deports?

    Answered 6 months ago.

    1. Andrew Davies Holley
    2. Alexander M. Ivakhnenko
    3. Theodore John Murphy
    3 lawyer answers

    No. State courts and immigration courts are two very separate and distinct entities. He will be released from state prison whenever the State authorities are willing to release him. His desire to self-deport will have no effect on whether the State is willing to release him early. Moreover, in all likelihood he won't have the opportunity to self-deport. Rather, ICE will take custody of him from the state prison and deport him - in other words, he will probably not be set free or be given the...

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  9. I came from Mexico Sencie I was 4years old I did all my school here but I haven't migrant I being living with my boyfriend over

    Answered 6 months ago.

    1. Andrew Davies Holley
    2. Thomas Joseph Baker
    3. Stephen D. Berman
    4. Andrew T. Brooks
    5. Gunda Johanna Brost
    5 lawyer answers

    You might qualify for Deferred Action (DACA) - it's the new program that Obama introduced, and permits undocumented immigrants to stay in the US with a work permit if they meet if a few requirements. First, you must show that you entered the US before you turned 16 years old, second, you must show you have lived in the US continuously since you entered when you were 4, third, you can't have any serious criminal convictions, fourth, you must be in school, or a high school or college graduate,...

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  10. MOTION TO REOPEN I-130 DENIED FAMILY PETITION

    Answered 5 months ago.

    1. Andrew Davies Holley
    2. Jagbir Singh Terkiana
    2 lawyer answers

    Maybe, but motions to reopen / reconsider are tough to win, especially without new evidence or unless they really missed an obvious point of law. If your notice of intent to deny contained strong evidence that supported the marriage, you may have a point. In any case, you can always simply file a new I-130 if a previous one was denied, but it's important to find out why they believe there was fraud. Did the notice of intent to deny say anything about why they thought there was fraud? If they...

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